Gold – Minimum Required Searches

These are the searches which are required as a minimum to allow settlement adjustments to be made to allow settlement to occur.

Current Title Search

Confirms that the Seller on the Contract is the registered owner of the Property and confirms the lot, plan and title reference details in the Contract are correct.

Provides details of registered encumbrances on the Property which may affect your ability to purchase the Property or your use of the Property and can either provide termination rights (if a material defect or compensation rights if immaterial and if notice is given before settlement), for example:

• mortgages, easements, caveats, leases, building covenants (for Housing Estates), QBCC owner builder notices, priority notices, unregistered dealings, administrative advices, writs of execution (pursuant to litigation) and
• other encumbrances such as land tax charges or charges under the Foreign Acquisitions and Takeovers Act.

and for Units and Townhouses

• the title search over the common property for the Scheme confirms there is no mortgage registered or undisclosed encumbrances registered over the title to the common property which may affect the lot you are buying.
• Details of Building Management Statements registered on the Title.

Check Title Search

Another Current Title Search is conducted on the day of settlement to confirm that no adverse activity has occurred and been recorded on title since the first Current Title Search.

Registered Plan

Confirms that the Property you are purchasing is correctly described on the Contract and is in the correct location. Also shows details and location of any easements on the Property and notations for any future use by Government for road use.

Note: that the Registered Plan will not identify errors in the boundaries or area of the land, encroachments by structures onto or from the land or erosion action for waterfront land. Speak to us if you think any of these issues may apply.

Current Rates search

Provides details of the current rates position only for the Property and allows for adjustments to be made to ensure the Seller pays their portion of the rates up to and including the date of settlement.

Note: The current rates search is not a full Council Inspection of Records Search which can include sewerage and drainage plans, restrictions, enforcements notices or other results from Council which may affect the buyers use of the Property or costs which may be incurred.

Special Water Meter Reading

Provides for a special reading of the water meter by the local authority prior to settlement which allows water charges to be adjusted to ensure the Seller pays their share of charges up to and including the date of settlement. Prevents liability for large water costs if a leak has occurred or other high water useage.

Land Tax Clearance Certificate

If the Seller has not paid their land tax liability on the land the Sellers debt can transfer to the buyer. This search prevents that occurring by providing a land tax clearance certificate from the Office of State Revenue which confirms that no land tax is owing or advises the amount of unpaid land tax. Any amount of unpaid land tax can be deducted from the balance purchase price at settlement. If a land tax clearance certificate is obtained, the office of state revenue cannot recover any further monies for land tax from a buyer.

Form 13 Body Corporate Information Certificate

This search sets out the amounts payable to the body corporate in the body corporate’s current financial year including any amounts due but unpaid. This includes administrative and sinking fund levies, special levies and any penalties applicable for unpaid levies. This search also includes details of all body corporate assets and whether there are any improvements to the common property for the benefit of the lot being purchased which the buyer must maintain (including the authorisation of the body corporate). Provides details of body corporate levies for adjustments to be made to ensure the Seller pays their portion of levies up to and including the date of settlement.

Note: This is not a full body corporate inspection of records which may also disclose:

• latent or patent defects in the lot, common property or body corporate assets other than defects arising through fair wear and tear or defects disclosed in the Contract.
• actual, contingent or expected liabilities (in the nature of special levies incurring potential substantial expense) of the body corporate that are not part of the body corporate’s normal operating expenses, other than liabilities disclosed in the Contract.
• other matters regarding affairs of the body corporate which may materially prejudice a buyer (eg. including but not limited to building defects and potential litigation)

Community Title Scheme (“CTS”) Search Statement and Community Management Statement (“CMS”)

A Community Title Scheme (CTS) comprises jointly administered lots (scheme land – which must include common property) and the community management statement (CMS) that defines the administration. The CTS search statement includes

• full scheme name and address of the body corporate
• CMS number and CMS dealing number
• Type of regulation module (Standard, Accommodation, Commercial, Small Schemes and Specified Two Lot Schemes)
• Associated title references and plan numbers

A Community Management Statement (CMS) is a document which identifies scheme land and is identified by the number of the CTS to which it refers and a unique dealing number. The CMS dealing number is recorded on all titles for lots in the scheme including the common property. Information contained in the CMS includes:

• The body corporate name
• Lot entitlements schedule
• By laws
• Identifies the applicable regulation module

Platinum – Standard Searches

These are the standard searches which are normally carried out in a conveyancing transaction. We strongly recommend you carry out the ‘Standard Searches’ failing which the Property is at your risk in respect of any searches not undertaken.

Note – The Contract does not protect against unsatisfactory search results in some circumstances. In Queensland the onus is on the Buyer to obtain searches and satisfy itself about the Property. There is no obligation on the Seller to tell you about the Property or any of it’s defects or other issues, except for limited contractual warranties and statutory disclosure.

Common practice is that contracts are usually signed first and searches conducted afterwards. This often leads to problems as issues in search results may not be identified in sufficient time for you to exercise any remedy against the Seller.

Where the contract is not signed, you can protect yourself from unsatisfactory search results by including a special condition making the Contract subject to satisfactory searches or obliging the Seller to compensate you in the event of unsatisfactory search results or allowing you to terminate the contract.

Where the contact is signed by both parties there is generally no opportunity to add special conditions. In some limited circumstances it may be possible to negotiate amendments during any applicable cooling off period or while the Contract is still conditional.

The Standard Searches we recommend are essential and should be conducted as soon as possible. We make this recommendation as:

• (a) It might be possible to identify unsatisfactory search results before the Contract becomes unconditional; and
• (b) If we are able to obtain search results early, we can give you advice on any contractual or other rights you may have so you may exercise them in time.

Body Corporate Records Search (Physical search of records at the office of the Body Corporate Manager)

This search is conducted by engaging a search agent who visits the office of the body corporate manager to conduct a physical search of their records. This search identifies issues not covered by the Form 13 body corporate information certificate in the standard searches and can reveal errors in the Contract in relation to the Seller’s Disclosure Statement or breaches of the Seller’s implied warranties and may allow termination of the Contract BUT ONLY within the first 14 days from date of Contract. The search may reveal:

• Latent or patent building or structural defects in the Property
• actual or expected liabilities (special levies) of the body corporate, other than the normal operating expenses and which have not been disclosed in the Contract.
• other affairs, major disputes or issues you would want to know about concerning the body corporate

Full Rates Search – Local Authority Inspection of Records

A full search of the local authority’s records may include:

• The current rates position
• Flooding reports and information
• Road acquisitions and study areas
• Locality map
• Sewerage network information
• Stormwater network information
• Property notices and defects
• Resident parking permit information
• Environmental health licences

Outstanding infrastructure charges (relating to development of the land) will not generally be shown in a rates search. For details of outstanding infrastructure charges a planning and development certificate must be obtained.

Flooding

The ContRact does not contain any rights to terminate if searches reveal that the Property is subject to flooding.

Improvements/structures without local authority approval

The Contract does not contain any rights to terminate if searches reveal that improvements, or any additions to the improvements, do not have appropriate local authority approvals. The lack of a required local authority approval may have significant ramifications for the lawful use of a building on the Property and for the ability to obtain insurance cover for the building. The only opportunity under the Contract to terminate for building issues is if a property notice, such as a show cause or enforcement notice exists when the Contract was entered into. If searches reveal unsatisfactory results we suggest you instruct us to give you specific advice about your contractual rights and remedies you may have. The advice will depend on the nature of the unsatisfactory search result and your particular Contract.

Contaminated Land Register and Environmental Management Register

Determines if the land is on the Environmental Management Register or Contaminated Land Register. The Environmental Protection Act (EPA) requires a Seller to make specific disclosures before entering into the Contract such as:

• Whether the land is listed on the Environmental Management Register or Contaminated Land Register and
• whether EPA notices, evaluations or orders in relation to possible contamination have been made

If the Seller does not give the specific disclosures before you enter into the Contract then you may terminate before the earlier of settlement or possession of the Property.

Note The searches we undertake only identify land on the Environmental Management Register or Contaminated Land Register but not EPA Notices or Orders. If you think the land (including the common property if in a Community Titles Scheme) may be contaminated or you think the prior or current use of the land might contribute to contamination or you think any EPA Orders or Notices may affect the land you should contact us to discuss your position.

Queensland Transport and Main Roads

Determines whether there are any approved proposals for resumption by the Department of Transport and Main Roads for transport purposes. You can terminate the contract at any time before settlement if the search result reveals that there is a current proposal in relation to transport infrastructure that affects the Property.

Note Queensland Transport will not provide information on proposals for resumptions not currently approved.

Court Registers

Determines whether an action has been commenced by or against the Seller and the nature of that action. The searches determine whether there are any judgements affecting the Seller’s ability to sell the Property or which may give rise to enforcement proceedings affecting the Property. (ie. The sale of the Property to satisfy a judgement debt). There may be a right of termination under the Contract if at the date of Contract or settlement there are any current or threatened claims, notices or proceedings that may lead to a judgement, order or writ affecting the Property, including where the Seller is bankrupt. (see Seller bankruptcy search).

Our searches of the court registers include searching matters involving the body corporate that may similarly affect the Seller’s ability to sell the Property or that the Seller may have been obliged to disclose to you.

Seller Bankruptcy Search

Determines whether the Sellers as individuals (as opposed to companies) are listed as being bankrupt, subject to a personal insolvency agreement or debt agreement. The search of the bankruptcy register provides information concerning the name of the bankrupt, dates of bankruptcy and orders. Termination of the Contract may be available where at the date of the Contract or at settlement there are any current or threatened claims, notices or proceedings that may lead to a judgement, order or writ affecting the Property, including where the Seller is bankrupt.

Personal Property Security Register

Provides details of any personal property (eg. dishwasher, clothes dryer, fridge, washing machine, pool equipment) affected by a registered security interest. This is important as assets you may be buying could be repossessed if there are amounts unpaid. The Seller contractually sells the Property (Land, improvements and chattels) free from encumbrances. If a security interest is not released at settlement by delivery of a Release and Undertaking to amend the register then it may entitle termination of the Contract.

Pool Safety

Determines whether there is a pool on the Land, a current pool safety compliance certificate for the Property or a revocation notice for a pool safety certificate. If there is a pool on the Land and no pool safety compliance certificate was given at the date of Contract, the Contract is subject to the Buyer being satisfied that a pool safety compliance certificate can be issued. The Buyer may terminate if no pool safety compliance certificate issues prior to the Pool Safety Inspection Date under the Contract. Also if there is a revocation of a pool safety compliance certificate issued prior to Contract the Buyer may terminate.

Diamond Search Package – Premium Recommended Searches

We strongly recommend that you carry out the ‘Recommended Searches’ if you have any doubt about the matters outlined below, failing which the Property will be purchased at your risk in respect of those searches not undertaken.

Town Planning Certificates – Limited Planning and Development Certificate

Provides information as to the town plan area or zone, a description of the planning scheme provisions applying to the Property (and any other restrictions on the use of the Land in the zone (eg. If the Property is in a Demolition Control Precinct or subject to character housing or other development codes of general application to the area) and a copy of any information recorded for the Property in the infrastructure charges register (including the amount of any unpaid charge applying to the Property)

Note Limited Planning and Development Certificates do not tell you whether the existing use is lawful or whether any conditions for the use of the Property have been complied with.

Note This search is an Optional Search except in the situations listed below where we strongly recommend this search be obtained as a Standard Search and the Standard Planning and Development Certificate be obtained:

When a Standard Planning and Development Certificate should be obtained as a Standard Search:

• where there is any doubt about whether the existing use is lawful
• where you intend to develop the Property
• where there is any doubt about whether any conditions of an approval for the use of the Property have been performed or complied with
• where you are purchasing a property with an existing development approval. Development Approvals attach to the Land and will bind the owner (and any occupier of the Property). If you purchase the Property and there are outstanding obligations under a development approval a buyer may become liable to perform them and for any consequences of non-compliance (including prosecution for an offence).

Local Government Building Notices Search (only if you think any building work may not have local authority approval)

Lists details of approved building permits/applications and can advise whether Council has a record of required final approvals or certificates of classification for multiple dwelling premises (units/townhouses). The search can also determine whether any show cause or enforcement notices issued by the Local Government prior to the Contract date which allow termination of the Contract prior to settlement.

QCAT (Qld Civil and Administrative Tribunal) Tree Register and Minor Civil Dispute (fences) search

Determinse whether there are any applications or orders in relation to trees or fences that may affect the Property and that give you a termination right under the Contract.

Energex/Ergon Electricity Distribution search

Determines whether the Property is connected under normal tariff conditions, is not connected or whether any underground cables are running through the Property.

Telco Cable Search

Identifies if copper or optic fibre telecommunication cables run through a property. The Contract generally contains no termination rights.

Mining and Geothermal search (only if the Property is in a known mining area)

Determines whether there are any mining, petroleum, gas storage or geothermal tenures affecting the Property. The Contract generally contains no termination rights.

ASIC (Australian Securities and Investments Commission) – (only if the there is a corporate buyer)

Reveals the details of the companies address, directors and shareholders and other relevant company information.

Transport Noise Corridor (only if the Property is in a known transport noise corridor)

Determines whether the Property is in a transport noise corridor which means that any buildings may require materials or specific building techniques to ensure that the impact of local traffic noise is minimised.