Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page. 6.2 The warranties in general conditions 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries. 6.3 The vendor warrants that the vendor: (a) has, or by the due date for settlement will have, the right to sell the land; and (b) is under no legal disability; and (c) is in possession of the land, either personally or through a tenant; and (d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and (e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and (f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land. 6.4 The vendor further warrants that the vendor has no knowledge of any of the following: (a) public rights of way over the land; (b) easements over the land; (c) lease or other possessory agreement affecting the land; (d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices; (e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside. 6.5 The warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement. 6.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that: (a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and (b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and (c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993. 6.7 Words and phrases used in general condition 6.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.6.
Appears in 4 contracts
Samples: Contract of Sale of Land, Contract of Sale of Land, Contract of Sale of Land
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page.
6.2 2.1 The warranties in general conditions 6.3 2.2 and 6.4 2.3 replace the purchaser’s 's right to make requisitions and inquiries.
6.3 2.2 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-pre- emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.3 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.4 The warranties in general conditions 6.3 2.2 and 6.4 2.3 are subject to any contrary provisions in this contract and disclosures in the section Section 32 statementStatement required to be given by a vendor under Section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act.
6.6 2.5 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.6 Words and phrases used in general condition 6.6 2.5 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.5.
Appears in 4 contracts
Samples: Contract of Sale of Real Estate, Contract of Sale of Real Estate, Contract of Sale of Real Estate
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page.
6.2 2.1 The warranties in general conditions 6.3 2.2 and 6.4 2.3 replace the purchaser’s 's right to make requisitions and inquiries.
6.3 2.2 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.3 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.4 The warranties in general conditions 6.3 2.2 and 6.4 2.3 are subject to any contrary provisions in this contract and disclosures in the section Section 32 statementStatement required to be given by a vendor under Section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act.
6.6 2.5 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.6 Words and phrases used in general condition 6.6 2.5 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.5.
Appears in 4 contracts
Samples: Contract of Sale of Real Estate, Contract of Sale of Real Estate, Contract of Sale of Real Estate
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the Section 32 Statement required to be given by the vendor under section 32 statementof the Sale of Land Act 1962 in accordance with Division 2 of Part II of the Act.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 4 contracts
Samples: Contract of Sale, Contract of Sale of Real Estate, Contract of Sale of Real Estate
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page.
6.2 5.1 The warranties in general conditions 6.3 5.2 and 6.4 5.3 replace the purchaser’s right to make requisitions and inquiries.
6.3 5.2 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-pre- emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 5.3 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly and currently affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 5.4 The warranties in general conditions 6.3 5.2 and 6.4 5.3 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 5.5 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 5.6 Words and phrases used in general condition 6.6 5.5 which are defined in the Building Act 1993 have the same meaning in general condition 6.65.5.
Appears in 3 contracts
Samples: Contract of Sale of Land, Contract of Sale of Land, Contract of Sale of Land
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot header of this page.
6.2 The warranties in general conditions 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-pre- emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly and currently affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 The warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 Words and phrases used in general condition 6.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.6.
Appears in 3 contracts
Samples: Contract of Sale of Land, Contract of Sale of Real Estate, Contract of Sale of Land
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute former Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Xxx 0000.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s 's right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-–emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statementStatement required to be given by the vendor under section 32 of the Sale of Land Xxx 0000 in accordance with Division 2 of Part II of that Act.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 Xxxxxxxx Xxx 0000 and regulations made under the Building Act 1993Xxxxxxxx Xxx 0000.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 Xxxxxxxx Xxx 0000 have the same meaning in general condition 6.62.6.
Appears in 2 contracts
Samples: Contract of Sale, Contract of Sale Leasehold
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page.
6.2 The warranties in general conditions 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly and currently affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 The warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 Words and phrases used in general condition 6.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.6.
Appears in 2 contracts
Samples: Contract of Sale of Land, Residential Contract of Sale of Land
Vendor Warranties. 6.1 2.1 The vendor Vendor warrants that these general conditions General Conditions 1 to 35 28 are identical to the general conditions General Conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and Section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980, unless changed or deleted.
6.2 2.2 The warranties in general conditions 6.3 General Conditions 2.3 and 6.4 2.4 replace the purchaserPurchaser’s right to make requisitions and inquiries.
6.3 2.3 The vendor Vendor warrants that the vendorVendor:
(a) has, or by the due date for settlement will have, have the right to sell the landLand; and
(b) is under no legal disability; and
(c) is in possession of the landLand, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaserPurchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the landLand; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods Goods sold with the landLand.
6.4 2.4 The vendor Vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the landLand;
(b) easements over the landLand;
(c) lease or other possessory agreement affecting the landLand;
(d) notice or order directly or indirectly affecting the land Land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land Land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 General Conditions 2.3 and 6.4 2.4 are subject to any contrary provisions provision in this contract Contract and the disclosures in the section 32 statementVendor’s Statement.
6.6 2.6 If sections Sections 137B and 137C of the Building Act 1993 apply to this contractContract, the vendor Vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor Vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contractContract, those materials were new; and
(c) domestic building work carried was carried out in accordance with all laws and legal requirements, including, including without limiting the generality of this warranty, the Building Act 1993 and the regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 General Condition 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.6General Condition 2.6.
Appears in 2 contracts
Samples: Contract of Sale of Real Estate, Contract of Sale of Real Estate
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statementstatement required to be given by the vendor under section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 2 contracts
Samples: Contract of Sale of Real Estate, Contract of Sale of Real Estate
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at in the foot header of this page.
6.2 The warranties in general conditions 6.3 and 6.4 replace the purchaser’s 's right to make requisitions and inquiries.
6.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly and currently affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 The warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 Xxxxxxxx Xxx 0000 and regulations made under the Building Act 1993Xxxxxxxx Xxx 0000.
6.7 Words and phrases used in general condition 6.6 which are defined in the Building Act 1993 Xxxxxxxx Xxx 0000 have the same meaning in general condition 6.6.
Appears in 2 contracts
Samples: Contract of Sale, Contract of Sale
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s 's right to make requisitions and inquiries.
6.3 . The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.3 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.4 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statementstatement required to be given by the vendor under section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act.
6.6 2.5 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.6 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 2 contracts
Samples: Contract of Sale of Real Estate, Contract of Sale of Real Estate
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAugust 2019.
6.2 The warranties in general conditions 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 The warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 Words and phrases used in general condition 6.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.6.
Appears in 2 contracts
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute former Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statementstatement required to be given by the vendor under section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 2 contracts
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s 's right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section Section 32 statementStatement required to be given by a vendor under Section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 1 contract
Samples: Contract of Sale of Real Estate
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-pre- emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statementVendor’s Statement.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 1 contract
Samples: Contract of Sale of Real Estate
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page.
6.2 The warranties in general conditions 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 (a) The vendor warrants that the vendor:
(ai) hasHas, or by the due date for settlement will have, the right to sell the land; and
(bii) is Is under no legal disability; and
(ciii) is Is in possession of the land, either personally or through a tenant; and
(div) has Has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(ev) will Will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(fvi) will Will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 (b) The vendor further warrants that the vendor has no knowledge of any of the following:
(ai) public Public rights of way over the land;
(bii) easements Easements over the land;
(ciii) lease Lease or other possessory agreement affecting the land;
(div) notice Notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(ev) legal Legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 (c) The above warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 (d) If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(ai) all All domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(bii) all All materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(ciii) domestic Domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 (e) Words and phrases used in this general condition 6.6 which are defined have the same meaning as in the Building Act 1993 have the same meaning in general condition 6.61993.
Appears in 1 contract
Samples: Contract of Sale of Real Estate
Vendor Warranties. 6.1 2.1 The vendor warrants that save for the amendment to this general condition 2.1 these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate formerly prescribed by the Law Institute former Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s 's right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statementstatement required to be given by the vendor under section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 1 contract
Samples: Contract of Sale of Real Estate
Vendor Warranties.
6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page.
6.2 The warranties in general conditions 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 The warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 Words and phrases used in general condition 6.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.6.
Appears in 1 contract
Samples: Contract of Sale of Land
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page.
6.2 The warranties in general conditions 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 (a) The vendor warrants that the vendor:
(ai) hasHas, or by the due date for settlement will have, the right to sell the land; and
(bii) is Is under no legal disability; and
(ciii) is Is in possession of the land, either personally or through a tenant; and
(div) has Has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(ev) will Will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(fvi) will Will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 (b) The vendor further warrants that the vendor has no knowledge of any of the following:
(ai) public Public rights of way over the land;
(bii) easements Easements over the land;
(ciii) lease Lease or other possessory agreement affecting the land;
(div) notice Notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(ev) legal Legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 (c) The above warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 (d) If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(ai) all All domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(bii) all All materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(ciii) domestic Domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 Xxxxxxxx Xxx 0000 and regulations made under the Building Act 1993Xxx 0000.
6.7 (e) Words and phrases used in this general condition 6.6 which are defined in the Building Act 1993 have the same meaning as in general condition 6.6the Building Xxx 0000.
Appears in 1 contract
Samples: Contract of Sale of Land
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statementVendor’s Statement.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 1 contract
Samples: Contract of Sale
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s 's right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statementVendor's Statement.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 1 contract
Samples: Contract of Sale of Real Estate
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-pre- emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statementstatement required to be given by the vendor under section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 1 contract
Samples: Contract of Sale
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page.
6.2 2.1 The warranties in general conditions 6.3 2.2 and 6.4 2.3 replace the purchaser’s right to make requisitions and inquiries.
6.3 2.2 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.3 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly and currently affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.4 The warranties in general conditions 6.3 2.2 and 6.4 2.3 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 2.5 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.6 Words and phrases used in general condition 6.6 2.5 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.5.
Appears in 1 contract
Samples: Contract of Sale of Land
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page.
6.2 The warranties in general conditions 6.2 and 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 6.2 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-pre- emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 6.3 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly and currently affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 6.4 The warranties in general conditions 6.2 and 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 6.5 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 6.6 Words and phrases used in general condition 6.6 6.5 which are defined in the Building Act 1993 have the same meaning in general condition 6.66.5.
Appears in 1 contract
Samples: Contract of Sale of Real Estate
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot header of this page.
6.2 The warranties in general conditions 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly and currently affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 The warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 Words and phrases used in general condition 6.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.6.
Appears in 1 contract
Samples: Contract of Sale of Land
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Xxx 0000.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s 's right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section Section 32 statementStatement required to be given by a vendor under Section 32 of the Sale of Land Xxx 0000 in accordance with Division 2 of Part II of that Act.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 Xxxxxxxx Xxx 0000 and regulations made under the Building Act 1993Xxxxxxxx Xxx 0000.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 Xxxxxxxx Xxx 0000 have the same meaning in general condition 6.62.6.
Appears in 1 contract
Samples: Contract of Sale
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page.
6.2 2.1 The warranties in general conditions 6.3 2.2 and 6.4 2.3 replace the purchaser’s right to make requisitions and inquiries.
6.3 2.2 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-pre- emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.3 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly and currently affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.4 The warranties in general conditions 6.3 2.2 and 6.4 2.3 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 2.5 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.6 Words and phrases used in general condition 6.6 2.5 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.5.
Appears in 1 contract
Samples: Contract of Sale of Land
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s 's right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statementstatement required to be given by the vendor under section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 1 contract
Samples: Contract of Sale of Real Estate
Vendor Warranties. 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot header of this page.
6.2 The warranties in general conditions 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly and currently affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 The warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) and all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(cb) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 Words and phrases used in general condition 6.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.6.
Appears in 1 contract
Samples: Contract of Sale
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute former Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 The warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement.
6.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 Words and phrases used in general condition 6.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.6.
Appears in 1 contract
Samples: Contract of Sale of Real Estate
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (Contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Xxx 0000.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statementstatement required to be given by the vendor under section 32 of the Sale of Land Xxx 0000 in accordance with Division 2 of Part II of that Act.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 Xxxxxxxx Xxx 0000 and regulations made under the Building Act 1993Xxxxxxxx Xxx 0000.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 Xxxxxxxx Xxx 0000 have the same meaning in general condition 6.62.6.
Appears in 1 contract
Samples: Contract of Sale of Real Estate
Vendor Warranties. 6.1 2.1 The vendor warrants that these general conditions 1 to 35 28 are identical to the general conditions 1 to 35 28 in the standard form of contract of sale of land published real estate prescribed by the Law Institute Estate Agents (contracts) Regulations 2008 for the purposes of Victoria Limited and section 53A of the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this pageAgents Act 1980.
6.2 2.2 The warranties in general conditions 6.3 2.3 and 6.4 2.4 replace the purchaser’s 's right to make requisitions and inquiries.
6.3 2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land.
6.4 2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside.
6.5 2.5 The warranties in general conditions 6.3 2.3 and 6.4 2.4 are subject to any contrary provisions in this contract and disclosures in the section Section 32 statementStatement required to be given by a vendor under Section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act.
6.6 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and
(c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993.
6.7 2.7 Words and phrases used in general condition 6.6 2.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.62.6.
Appears in 1 contract
Samples: Contract of Sale
