Common use of DEFAULT NOT REMEDIED Clause in Contracts

DEFAULT NOT REMEDIED. 28.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's damages must take into account the amount forfeited to the vendor. 28.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. I/We, ........................................................................................ of .......................…………................................................................. and ........................................................................................ of ......................…………................................................................. being the Sole Director / Directors of ..................................……................................................... ACN …............................... (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Money, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; the performance or observance of any of the agreements, obligations or conditions under the within Contract; by time given to the Purchaser for any such payment performance or observance; by reason of the Vendor assigning his, her or their rights under the said Contract; and by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... day of ..……………………......................... 20...... SIGNED SEALED AND DELIVERED by the said ) ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) )

Appears in 3 contracts

Samples: Contract of Sale of Real Estate, Contract of Sale of Real Estate, Contract of Sale of Real Estate

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DEFAULT NOT REMEDIED. 28.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's damages must take into account the amount forfeited to the vendor. 28.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. I/We, ,........................................................................................ of .......................…………................................................................. and ........................................................................................ of ......................…………................................................................. being the Sole Director / Directors of ..................................……................................................... ACN …............................... (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Money, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- by:- (a) any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; ; (b) the performance or observance of any of the agreements, obligations or conditions under the within Contract; ; (c) by time given to the Purchaser for any such payment performance or observance; ; (d) by reason of the Vendor assigning his, her or their rights under the said Contract; and and (e) by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... day of ..……………………......................... 20...... SIGNED SEALED AND DELIVERED by the said ) ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) ).

Appears in 3 contracts

Samples: Contract of Sale of Real Estate, Contract of Sale of Real Estate, Contract of Sale of Real Estate

DEFAULT NOT REMEDIED. 28.1 35.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 35.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 35.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 35.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's ’s absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's ’s damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's ’s damages must take into account the amount forfeited to the vendor. 28.5 35.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. I/WeWE, ........................................................................................ of .......................…………………………................................................................. and ........................................................................................ …………………………. of ......................…………………………................................................................. being the Sole Director / Directors of ..................................……………………………… and ……................................................... ACN ............................... ……………………………………………… of …………………………………………………………. (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Moneymoney, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- by: (a) any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; ; (b) the performance or observance of any of the agreements, obligations or conditions under the within Contract; ; (c) by time given to the Purchaser for any such payment performance or observance; ; (d) by reason of the Vendor assigning his, her or their rights under the said Contract; and and (e) by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... day of ..……………………......................... 20...... SIGNED SEALED AND DELIVERED by the said ) ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) ).

Appears in 2 contracts

Samples: Contract of Sale of Land, Contract of Sale of Land

DEFAULT NOT REMEDIED. 28.1 35.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 35.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied remedied, and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied remedied, and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 35.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 35.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's ’s absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's ’s damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's ’s damages must take into account the amount forfeited to the vendor. 28.5 35.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. I/We, ........................................................................................ of .......................……............................................................. of.…………................................................................. and ........................................................................................ of ......................…............................................................ of………................................................................. …………....................................................... being the Sole Director / Directors of ..................................……................................................... ....................... ACN …............................... (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Money, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- by:- (a) any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; ; (b) the performance or observance of any of the agreements, obligations or conditions under the within Contract; ; (c) by time given to the Purchaser for any such payment performance or observance; ; (d) by reason of the Vendor assigning his, her or their rights under the said Contract; and and (e) by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... day of ..……………………......................... 20...... SIGNED SEALED AND DELIVERED by the said ) ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) )............................................................................

Appears in 2 contracts

Samples: Contract of Sale of Land, Contract of Sale of Land

DEFAULT NOT REMEDIED. 28.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's damages must take into account the amount forfeited to the vendor. 28.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. I/We, ,........................................................................................ of .......................…………................................................................. and ........................................................................................ of ......................…………................................................................. being the Sole Director / Directors of ..................................……................................................... ACN …............................... (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Money, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- by:- (a) any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; ; (b) the performance or observance of any of the agreements, obligations or conditions under the within Contract; ; (c) by time given to the Purchaser for any such payment performance or observance; ; (d) by reason of the Vendor assigning his, her or their rights under the said Contract; and and (e) by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... day of ..……………………......................... 20...... SIGNED SEALED AND DELIVERED by the said ) ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) ).

Appears in 2 contracts

Samples: Contract of Sale of Real Estate, Contract of Sale of Real Estate

DEFAULT NOT REMEDIED. 28.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's ’s absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's ’s damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's ’s damages must take into account the amount forfeited to the vendor. 28.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. I/We, ,........................................................................................ of .......................…………................................................................. and ........................................................................................ of ......................…………................................................................. being the Sole Director / Directors of ..................................……................................................... ACN …............................... (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Money, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- by:- (a) any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; ; (b) the performance or observance of any of the agreements, obligations or conditions under the within Contract; ; (c) by time given to the Purchaser for any such payment performance or observance; ; (d) by reason of the Vendor assigning his, her or their rights under the said Contract; and and (e) by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... day of ..……………………......................... 20...... SIGNED SEALED AND DELIVERED by the said ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) ) Witness................................................................................. ) SIGNED SEALED AND DELIVERED by the said ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) )) Witness................................................................................. ) PURSUANT TO DIVISION 2 OF PART II SECTION 32 OF THE SALE OF LAND ACT 1962 (VIC) Vendor: Xxxxxx Xxxxxxx Xxxxxxxxxxxxx Property: Xxxx 0 0 Xxxxxxx Xxxxxx XXXXXXX XXX 0000 Email: xxxxx@xxxxxxxxxxxxxxxxxx.xxx.xx Ref: JL-17/0824

Appears in 1 contract

Samples: Contract of Sale of Real Estate

DEFAULT NOT REMEDIED. 28.1 35.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 35.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 35.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 35.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's ’s absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's ’s damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's ’s damages must take into account the amount forfeited to the vendor. 28.5 35.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. I/We, ,........................................................................................ of .......................…………................................................................. and ........................................................................................ of ......................…………................................................................. being the Sole Director / Directors of ..................................……................................................... ACN …............................... (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Money, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- by:- (a) any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; ; (b) the performance or observance of any of the agreements, obligations or conditions under the within Contract; ; (c) by time given to the Purchaser for any such payment performance or observance; ; (d) by reason of the Vendor assigning his, her or their rights under the said Contract; and and (e) by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... day of ..……………………......................... 20...... SIGNED SEALED AND DELIVERED by the said ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) ) Witness................................................................................. ) SIGNED SEALED AND DELIVERED by the said ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) )) Witness................................................................................. ) SECTION 32 STATEMENT PURSUANT TO DIVISION 2 OF PART II SECTION 32 OF THE SALE OF LAND ACT 1962 (VIC) Vendor: XXXXXXXX XXXXXXXXXX XXXXXX and XXXXXXXXX XXXXX XXXXXXX as Executor of XXXXXX XXXXXX XXXXXXXXXX Property: 00 XXXXXXXX Xxxx XXXXXXX XXX 0000 Email: xxxxxxxxxx0@xxxxxxxxxxxxxxxxxxxx.xxx.xx Ref: HN-23/26868 32A(a) Information concerning any rates, taxes, charges or other similar outgoings AND any interest payable on any part of them is contained in the attached certificate/s and as follows- At settlement the rates will be adjusted between the parties, so that they each bear the proportion of rates applicable to their respective periods of occupancy in the property. 32A(b) The particulars of any Charge (whether registered or not) over the land imposed by or under an Act to secure an amount due under that Act, including the amount owing under the charge are as follows:-Not Applicable

Appears in 1 contract

Samples: Contract of Sale of Real Estate

DEFAULT NOT REMEDIED. 28.1 ‌ 35.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 35.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 35.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 35.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's ’s absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's ’s damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's ’s damages must take into account the amount forfeited to the vendor. 28.5 35.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. I/We, ........................................................................................ ................................................................ of ....................................................................................... And …………………………................................................................. and ........................................................................................ ……………………. of ......................………………………................................................................. ……………………... being the Sole Director / Directors of ..................................……................................................... ACN …............................... (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Money, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- by: - (a) any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; ; (b) the performance or observance of any of the agreements, obligations or conditions under the within Contract; ; (c) by time given to the Purchaser for any such payment performance or observance; ; (d) by reason of the Vendor assigning his, her or their rights under the said Contract; and and (e) by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... .... day of .....……………………......................... 20...... SIGNED SEALED AND DELIVERED by the said ) ) Print Name....................................................................……… ................................................... ) ......................................................................................... .............................................. ................ Director (Sign) in the presence of: ) Witness........................................................ ) SIGNED by the said ) Print Name................................................... ) .............................................. ................ Director (Sign) in the presence of: ) Witness........................................................ ) CONTRACT OF SALE OF LAND 19 August 2019 DATED 2022 Before you buy a home, you should be aware of a range of issues that may affect that property and impose restrictions or obligations on you, if you buy it. This checklist aims to help you identify whether any of these issues will affect you. The questions are a starting point only and you may need to seek professional advice to answer some of them. You can find links to organisations and web pages that can help you learn more, by visiting the Due diligence checklist page on the Consumer Affairs Victoria website (xxxxxxxx.xxx.xxx.xx/xxxxxxxxxxxxxxxxxxxxx). High density areas are attractive for their entertainment and service areas, but these activities create increased traffic as well as noise and odours from businesses and people. Familiarising yourself with the character of the area will give you a balanced understanding of what to expect. If the property is part of a subdivision with common property such as driveways or grounds, it may be subject to an owners corporation. You may be required to pay fees and follow rules that restrict what you can do on your property, such as a ban on pet ownership. You should investigate whether you will be required to pay a growth areas infrastructure contribution. Properties are sometimes subject to the risk of fire and flooding due to their location. You should properly investigate these risks and consider their implications for land management, buildings and insurance premiums. If you are looking at property in a rural zone, consider: • Is the surrounding land use compatible with your lifestyle expectations? Farming can create noise or odour that may be at odds with your expectations of a rural lifestyle. • Are you considering removing native vegetation? There are regulations which affect your ability to remove native vegetation on private property. • Do you understand your obligations to manage weeds and pest animals? Does the property adjoin crown land, have a water frontage, contain a disused government road, or are there any crown licences associated with the land? You may wish to find out more about exploration, mining and quarrying activity on or near the property and consider the issue of petroleum, geothermal and greenhouse gas sequestration permits, leases and licences, extractive industry authorisations and mineral licences. You should consider whether past activities, including the use of adjacent land, may have caused contamination at the site and whether this may prevent you from doing certain things to or on the land in the future. (04/10/2016)

Appears in 1 contract

Samples: Contract of Sale of Land

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DEFAULT NOT REMEDIED. 28.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's damages must take into account the amount forfeited to the vendor. 28.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. I/We, ........................................................................................ of .......................…………................................................................. and ........................................................................................ of ......................……………………………………………….of………................................................................. ……………………………… and……………………………………………………….of……………………………………… being the Sole Director / Directors of ..................................of ……................................................... ACN ............................... ………………………………………………… (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Money, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- by: - (a) any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; ; (b) the performance or observance of any of the agreements, obligations or conditions under the within Contract; ; (c) by time given to the Purchaser for any such payment performance or observance; ; (d) by reason of the Vendor assigning his, her or their rights under the said Contract; and and (e) by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... .... day of ..2021 SIGNED by the said Print Name: ……………………………......................... 20...... SIGNED SEALED AND DELIVERED by the said …………. ) ) Print Name....................................................................) …… ) ......................................................................................... in the presence of: ) ……………………………………………. Director (Sign) )………………………………………. Vendor Statement The vendor makes this statement in respect of the land in accordance with section 32 of the Sale of Land Act 1962. This statement must be signed by the vendor and given to the purchaser before the purchaser signs the contract. The vendor may sign by electronic signature. The purchaser acknowledges being given this statement signed by the vendor with the attached documents before the purchaser signed any contract. Land 00 XXXXX XXXX, XXXX XXXX XXX 0000 Vendor's name Xxxxxx Xxxxxxxxxxx Date / / Vendor's signature Purchaser's name Date / / Purchaser's signature Purchaser's name Date / / Purchaser's signature

Appears in 1 contract

Samples: Contract of Sale of Land

DEFAULT NOT REMEDIED. 28.1 35.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 35.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 35.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 35.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's ’s absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's ’s damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's ’s damages must take into account the amount forfeited to the vendor. 28.5 35.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. I/We, ........................................................................................ of .......................…………………………................................................................. and ........................................................................................ …………………………. of ......................…………………………................................................................. ……………………………… and………………………………………………………. of ………………………………………………………… being the Sole Director / Directors of ..................................of ……................................................... ACN ............................... ………………………………………………… (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Money, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- by: - (a) any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; ; (b) the performance or observance of any of the agreements, obligations or conditions under the within Contract; ; (c) by time given to the Purchaser for any such payment performance or observance; ; (d) by reason of the Vendor assigning his, her or their rights under the said Contract; and and (e) by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... day of ..……………………......................... 20...... SIGNED SEALED AND DELIVERED by the said ) ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) ).

Appears in 1 contract

Samples: Contract of Sale of Real Estate

DEFAULT NOT REMEDIED. 28.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's ’s absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's ’s damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's ’s damages must take into account the amount forfeited to the vendor. 28.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. CONTRACT OF SALE OF REAL ESTATE 11 September 2014 I/We, ,........................................................................................ of .......................…………................................................................. and ........................................................................................ of ......................…………................................................................. being the Sole Director / Directors of ..................................……................................................... ACN …............................... (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Money, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- by:- (a) any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; ; (b) the performance or observance of any of the agreements, obligations or conditions under the within Contract; ; (c) by time given to the Purchaser for any such payment performance or observance; ; (d) by reason of the Vendor assigning his, her or their rights under the said Contract; and and (e) by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... day of ..……………………......................... 20...... SIGNED SEALED AND DELIVERED by the said ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) ) Witness................................................................................. ) SIGNED SEALED AND DELIVERED by the said ) Print Name....................................................................……… ) ......................................................................................... in the presence of: ) Director (Sign) )) Witness................................................................................. ) CONTRACT OF SALE OF REAL ESTATE 12 September 2014 PURSUANT TO DIVISION 2 OF PART II SECTION 32 OF THE SALE OF LAND ACT 1962 (VIC) Vendor: XXX XX Property: 00 XXXX Xxx XXXXXXXXX XXXX XXX 0000 Email: xxxx@xxxxx.xxx.xx Ref: 8627-18 32A(a) Information concerning any rates, taxes, charges or other similar outgoings AND any interest payable on any part of them is contained in the attached certificate/s and as follows- Any further amounts (including any proposed Owners Corporation Xxxx) for which the Purchaser may become liable as a consequence of the purchase of the property are as follows:- None to the vendors knowledge At settlement the rates will be adjusted between the parties, so that they each bear the proportion of rates applicable to their respective periods of occupancy in the property. 32A(b) The particulars of any Charge (whether registered or not) over the land imposed by or under an Act to secure an amount due under that Act, including the amount owing under the charge are as follows:- Not Applicable

Appears in 1 contract

Samples: Contract of Sale of Real Estate

DEFAULT NOT REMEDIED. 28.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid. 28.2 The contract immediately ends if: (a) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and (b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice. 28.3 If the contract ends by a default notice given by the purchaser: (a) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and (b) all those amounts are a charge on the land until payment; and (c) the purchaser may also recover any loss otherwise recoverable. 28.4 If the contract ends by a default notice given by the vendor: (a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's absolute property, whether the deposit has been paid or not; and (b) the vendor is entitled to possession of the property; and (c) in addition to any other remedy, the vendor may within one year of the contract ending either: (i) retain the property and sue for damages for breach of contract; or (ii) resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) the vendor may retain any part of the price paid until the vendor's damages have been determined and may apply that money towards those damages; and (e) any determination of the vendor's damages must take into account the amount forfeited to the vendor. 28.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default. I/We, ,........................................................................................ of .......................…………................................................................. and ........................................................................................ of ......................…………................................................................. being the Sole Director / Directors of ..................................……................................................... ACN …............................... (called the "Guarantors") IN CONSIDERATION of the Vendor selling to the Purchaser at our request the Land described in this Contract of Sale for the price and upon the terms and conditions contained therein DO for ourselves and our respective executors and administrators JOINTLY AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in payment of the Deposit Money or residue of Purchase Money or interest or any other moneys payable by the Purchaser to the Vendor under this Contract or in the performance or observance of any term or condition of this Contract to be performed or observed by the Purchaser I/we will immediately on demand by the Vendor pay to the Vendor the whole of the Deposit Money, residue of Purchase Money, interest or other moneys which shall then be due and payable to the Vendor and indemnify and agree to keep the Vendor indemnified against all loss of Deposit Money, residue of Purchase Money, interest and other moneys payable under the within Contract and all losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part of the Purchaser. This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:- by:- (a) any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under the within Contract; ; (b) the performance or observance of any of the agreements, obligations or conditions under the within Contract; ; (c) by time given to the Purchaser for any such payment performance or observance; ; (d) by reason of the Vendor assigning his, her or their rights under the said Contract; and and (e) by any other thing which under the law relating to sureties would but for this provision have the effect of releasing me/us, my/our executors or administrators. IN WITNESS whereof the parties hereto have set their hands and seals this ...………………..... day of ..……………………......................... 20...... SIGNED SEALED AND DELIVERED by the said ) ) Print Name....................................................................……… ) ......................................................................................... ............................................................... )................................................................................. in the presence of: ) Director (Sign) ) Witness........................................................................... ) SIGNED SEALED AND DELIVERED by the said ) Print Name............................................................... )................................................................................. in the presence of: ) Director (Sign) ) Witness........................................................................... )

Appears in 1 contract

Samples: Contract of Sale of Real Estate

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