val.json

[
  {
    "id": 1,
    "sc": "The purchaser buys subject to any restrictions imposed by and to the provisions of the Melbourne Metropolitan Planning Scheme and any other Town Planning Acts or Schemes.",
    "advice": "The Purchaser buys the property subject to any planning restrictions"
  },
  {
    "id": 2,
    "sc": "It is hereby agreed between the parties hereto that there are no conditions, warranties or other terms affecting this sale other than those embodied herein and the purchaser shall not be entitled to rely on any representations made by the vendor or his Agent except such as are made conditions of this contract.",
    "advice": "There are no conditions, warranties or other terms affecting this sale other than those embodied herein.\r\nPlease ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract."
  },
  {
    "id": 3,
    "sc": "The land and buildings as sold hereby and inspected by the purchaser is sold on the basis of existing improvements thereon and the purchaser shall not make any requisition or claim any compensation for any deficiency or defect in the said improvements as to their suitability for occupation or otherwise including any requisition in relation to the issue or non issue of Building Permits and/or completion of inspections by the relevant authorities in respect of any improvements herein.",
    "advice": "The property is sold as inspected on the basis of existing improvements and no claim can be made for any deficiency, defect or non-compliance with relevant building regulations.\r\nWe recommend a building and pest inspection is done to ensure the property is in good condition."
  },
  {
    "id": 4,
    "sc": "Should the purchaser make a request to vary the settlement date, the purchaser agrees to pay the vendor’s legal fees of $740 at settlement.",
    "advice": "Should the purchaser make a request to vary the settlement date, a fee of $740.00 will be incurred.\nThis should be deleted"
  },
  {
    "id": 5,
    "sc": "The purchaser agrees that the reasonable costs of each and every default is the sum of $350 together with a further sum of $510 for each and every Default Notice prepared and\rserved on the purchaser or his representative. The default sum shall be payable at settlement to the vendor. The purchaser further agrees that the reasonable fees for cancelling and rebooking settlement is\r$710, payable per variation to the vendor at settlement. The exercise of the vendor’s rights hereunder shall be without prejudice to any other rights, powers or remedies of the vendor under this contract or otherwise.",
    "advice": "The costs of each and every default is the sum of $350.00 together with a further sum of $510.00 for each and every Default Notice served. There will be an additional fee for cancelling and rebooking settlement of $710.00.\r\nThe fee of $710 should be deleted, it is unnecessary if a default fee is already being charged."
  },
  {
    "id": 6,
    "sc": "In the event that the Purchaser is or includes a Corporation (as those words are defined in the Corporations Act 2001 (Cth), the person or persons who execute this Contract for and on behalf of the Purchaser warrants that they have authority to enter into this Contract on behalf the company or incorporated association, and shall also execute the Guarantee annexed to this Contract and marked “Annexure A”.\r\nThis Special Condition modifies General Condition 3.",
    "advice": "In the event that the purchaser is a corporate entity, the directors of the company will be required to provide a personal guarantee for the performance of the Contract and an indemnity that they will cover the Vendor’s additional legal costs in the event that the purchaser defaults on its obligations under the Contract and cannot settle. \r\nThis is a standard requirement where there is a corporate purchaser involved"
  },
  {
    "id": 7,
    "sc": "If a Purchaser nominates a substitute or additional purchaser under General Condition 4, they may do so no later than 10 business days before the Settlement Date, provided that signed nomination documents (if applicable) are provided to the Vendor's Conveyancers no later than 10 business days before the Settlement Date.\r\nIf the Purchaser nominates a substitute or additional purchaser, the Purchaser and any Guarantor(s): \r\nRemains personally liable for the performance of all of the Purchasers' obligations under this Contract; and \r\nIndemnify the Vendor against all claims, demands, interest or penalties arising from the nomination. \r\nIf the Purchaser nominates a substitute or additional purchaser, and that purchaser is a company which is not listed on a recognised Australian Stock Exchange, then the Vendor may require that at least two directors of the nominated company (or if the nominated company be sole director company, then the sole director) must execute the Guarantee at the time of the nomination.\r\nThe nominee shall pay the vendor’s conveyancer at settlement a fee of $815 to review and advise the vendor on any nomination application.\r\nThis Special Condition modifies General Condition 4.",
    "advice": "Should a nomination of an additional or substitute purchaser be required, a fee is payable to the Vendor’s solicitor of $815.00 towards legal costs.\r\nPlease let us know if you are looking to nominate someone else after signing the contract."
  },
  {
    "id": 8,
    "sc": "If this Contract is subject to loan approval and the Purchaser attempts to end the Contract on the basis that the Purchaser is unable to obtain finance approval by the approval date, the Purchaser must provide to the Vendor a letter from the nominated lender indicating\r\nThat the lender has refused finance approval to the Purchaser; and \r\nThat the Purchaser provided all documentation reasonably requested by the lender to assess the finance application. \r\nIn the event that the Purchaser fails to provide such letter as detailed in special condition 5.1, the Purchaser shall be deemed to have obtained approval of finance and this Contract shall be deemed to be unconditional in respect of finance. \r\nThis Special Condition modifies General Condition 20.",
    "advice": "The Contract also stipulates that in the event that the Purchaser is unable to obtain finance approval it is required to provide a letter of decline from the lender. If the Purchaser fails to do so the Contract will be considered unconditional. \r\nWe recommend that this special condition be removed from the Contract"
  },
  {
    "id": 9,
    "sc": "The Purchaser represents and warrants that in entering this Contract the Purchaser has:\rrelied entirely on enquiries, investigations, examinations and inspection of the Property made by or on behalf of the Purchaser including without limitation the land, improvements, planning restrictions, building regulations and the suitability of the Property for any purpose or any business to be carried on there; and received no information, representation or warranty from the vendor, the Vendor's estate agent or the Vendor's Conveyancer supplied or made with the intention or knowledge that the Purchaser would rely on it; and The Purchaser has not in fact relied on any such information, representation or warranty.\rHas not relied on any representations or warranties about the subject matter of this Contract, including any information, representation or warranty concerning: Title to the Property or goods;\rThe terms of any documents relating to any encumbrances affecting the Property; The boundaries or area of the Property; The suitability of the Property for any purpose or use; The zoning of the property; The existence of any easement affecting the property; The services and utilities to the Property; Whether improvements on the land comply with any relevant statutes, regulations, and local laws; Any financial return or income to be derived from the Property; and The applicability of any environmental liability to the Property. The Purchaser agrees that this Contract constitutes the entire agreement between the parties for the sale and purchase of the Property and supersedes all previous arrangements, representations, promises, agreements, undertakings, negotiations and understandings in relation to the sale and purchase. Any promise, condition, representation, information or warranty relating to or leading up to this transaction which has been provided or made by, or on behalf or, the Vendor which is not set out or expressly referred to in this Contract is negative and withdrawn.\rPurchaser must engage a legal practitioner or Conveyancer to conduct all the legal aspects of settlement.",
    "advice": "The Purchaser buys the property as a result of their own enquiries and inspection and that the land is suitable for the purchaser's intended use. The Vendor has not made any representation or warranty regarding the property's fitness or compliance with building regulations.\rPlease ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract."
  },
  {
    "id": 10,
    "sc": "The Purchaser acknowledges that it has purchased the Property as a result of the Purchaser's own inspections and enquiries concerning the Property and save as is otherwise expressly provided acknowledges that he she or they are purchasing the property in its present condition and state of repair and subject to any defects,infestation, contaminant or asbestos and that the Vendor is under no liability or obligation to the Purchaser to carry out any repairs, renovations, alterations or improvements to the property sold. \r\nThe Vendor sells the Property with all fencing as it presently exists irrespective of whether fencing is on its correct boundary or whether there may be encroachments by or upon the Property. The Vendor will not be liable for any claim or compensation in respect of the need to erect new fencing on correct boundaries or to dismantle existing fencing.\r\nThe Purchaser acknowledges that if there is a swimming pool or spa on the Property which is or may be required to be fenced by building and/or council regulations, the Purchaser must comply, at the Purchaser's cost and expense, with the building and/or council regulations. The Purchaser indemnifies and keeps indemnified the Vendor on or after the Day of Sale in respect of all orders or requirements under the building regulations.\r\nThe Purchaser acknowledges that, if the Vendor has not complied with the building regulations regarding the installation of self-contained smoke alarms, the Purchaser must do so at the Purchaser's costs and expense. \r\nThe Purchaser buys the Property in its current situation, regardless of whether there are building permits which have not received a final inspection, or whether there are building works in the past eight years for which the Vendor is not in possession of builders’ warranty insurance.\r\nThe Purchaser buys the Property subject to any easements, reservations or like encumbrances affecting the Property and will not Object with respect thereto whatever.",
    "advice": "The Purchaser buys the property as a result of their own enquiries and inspection, in its present condition and state of repair subject to any defects, existing services and non-compliance of the property.\r\nThe property is sold despite all easements, covenants, leases, encumbrances, and other rights, and the purchaser acknowledges the location of all buildings and cannot make any claims.\r\nPlease ensure that you have satisfied with yourself with the condition of the Property. We have made our comments in relation to the any restrictions, covenants, overlays etc. found in the documents available with the contract below in this document."
  },
  {
    "id": 11,
    "sc": "The Vendor gives notice to the Purchaser that in the event of that the Purchaser fails to complete the purchase of the property on the due date specified in the Contract of Sale or any such date as may be mutually agreed to by the parties, or the Purchaser breaches any warranty in this contract then the Purchaser will pay to the Vendor the following expenses and losses which the Purchaser agrees are reasonably foreseeable at the date of the contract:-\r\nAll costs incurred by the Vendor associated with obtaining bridging finance to complete the Vendor’s purchase of other property and interest charged on such bridging finance. \r\nInterest payable by the Vendor under any existing Mortgage over the property calculated from the due date. \r\nAccommodation expenses necessarily incurred by the Vendor. \r\nAdditional costs and expenses between the Vendor and the Vendor’s representative. \r\nThe Vendor’s reasonable costs of each and every default in the sum of $550.00 (inclusive of GST) and $370 for the costs of each default notice issued.\r\nAny costs, expenses and penalties incurred by the Vendor to a third party through any delay in completion of the Vendor’s purchase. \r\nRebooking fee and settlement fee payable to the Vendor’s representative in the sum of $370 plus any fees levied by the Vendor’s mortgagee and third parties. \r\nIf settlement is due to take place before 31 December in any given year but is delayed through no breach by the vendor, the Purchaser agrees to pay any land tax applicable to the Property for the year in which settlement actually takes place, in full and without deduction.\r\nAny conveyancing fees or legal fees and disbursements attributed to any failure to complete the purchase of the property on the due date specified in the Contract of Sale or any such date as may be mutually agreed to by the parties or breach of any warranty in this contract on a full indemnity basis.",
    "advice": "Should the Purchaser breach the Contract, they will be required to pay any costs incurred by the Vendor due to the default including bridging finance costs, mortgage costs, accommodation expenses, penalties incurred to a third party and any other costs incurred to the purchaser’s default. Further, an amount of $550 incl GST together with an amount of $370.00 is also payable by the purchaser as the vendor’s legal costs in the event they have to issue a default notice. Additionally, the Vendor wants you to pay the additional cost of $370.00 for rebooking fees.\r\nWe recommend that the legal costs to be reduced to $110 including GST."
  },
  {
    "id": 12,
    "sc": "General conditions 31.4 to 31.6 inclusive are not applicable to this contract.",
    "advice": "The Vendor is not willing to allow any funds to be withheld from the deposit in the event that you raise any issues at the pre-settlement inspection.\r\nWe recommend for this special condition to be removed.\r\nThe remaining special conditions are standard and not onerous on you as Purchasers."
  },
  {
    "id": 13,
    "sc": "The purchaser acknowledges that they are purchasing the property as a result of their own enquiries,\r\nInspection and searches and not relying upon any representation made by the vendor or any other person on the vendor's behalf:\r\nWith all improvements on and forming part of the land existing at the day of sale and its present condition and state of repair and subject to any defects with regard to its construction, condition, position or state of repair at the day of sale;\r\nSubject to all defects latent and patent; \r\nSubject to any infestations and dilapidation; \r\nSubject to all existing water, sewerage, drainage and plumbing services and connections in respect of the property;\r\nSubject to any non-compliance, that is disclosed herein, with the Local Government Act or any Ordinance under that Act in respect of any building on the land. \r\nSubject to all registered and implied easements existing over or upon or affecting the property and the easements appropriated by any plan of subdivision (whether registered or unregistered) affecting the property; and\r\nSubject to any restriction on, use or development under any planning schemes affecting the property.",
    "advice": "The Purchaser buys the property as a result of their own enquiries and inspection, in its present condition and state of repair subject to any defects, existing services and non-compliance of the property."
  },
  {
    "id": 14,
    "sc": "The purchaser acknowledge that they have inspected the goods, fittings and appliances forming part of the sale and that they have made themselves aware of their condition and any deficiencies (if\napplicable). The purchaser shall not require any deficient goods to be in working order at the date of completion of this contract; nor shall they make any claim of compensation in relation to the deficient\ngoods. This contract shall not be voided on the grounds that any of the goods cannot be delivered to the purchaser and the purchasers 'right in relation to any non-delivery of any goods shall be limited to any claim the purchaser may have for compensation or damages after the completion.",
    "advice": "The Purchaser has inspected the goods forming the sale and cannot require any goods to be in working condition at settlement. \nThis should be deleted. the Vendor is required to deliver the property in the same condition as at the day of sale subject to fair wear and tear."
  },
  {
    "id": 15,
    "sc": "The purchaser has not relied upon any representation, warranty or indemnity made by the vendor or the vendors representatives other than what is expressly contained within this Contract.",
    "advice": "The Purchaser has not relied upon any representation made other than expressly contained in the Contract.\rPlease ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract."
  },
  {
    "id": 16,
    "sc": "Subject to the other provisions of this contract, the Property is sold \"as is\",\" where is\" and \"with all faults\" without any representation or warranty including, without (imitation, as to Its condition, fitness for purpose or compliance with laws or regulations.",
    "advice": "The property is sold ‘as is’.\rWe recommend a building and pest inspection is completed to check the property is in good condition"
  },
  {
    "id": 17,
    "sc": "General Condition 33 is amended to provide that the interest rate shall be 18% per annum plus the rate for the time being fixed by section 2 of the Penalty Interest Rates Act 1983.",
    "advice": "Should the Purchaser default in any payment under the contract penalty interest at a rate of 18% pa will apply.\r12% pa is the standard."
  },
  {
    "id": 18,
    "sc": "The Purchaser must pay the Vendor all costs and expenses incurred by the Vendor due to any breach of this contract by the Purchaser.",
    "advice": "Should the Purchaser breach the Contract, they will be required to pay any costs incurred by the Vendor due to the default including bridging finance costs, mortgage costs, accommodation expenses, penalties incurred to a third party and any other costs incurred to the purchaser’s default"
  },
  {
    "id": 19,
    "sc": "The Purchaser agrees that the reasonable foreseeable loss the Vendor may suffer due to the Purchaser's breach of this contact may include, without limitation, interest payable by the Vendor in relation to loans secured on the property for the period from the date the residue is payable under this contract to the date the residue is paid, interest on bridging finance obtained by the Vendor for the same period to cover the Vendor's intended use of the price and the costs of that bridging finance and the cost of storing the Vendor's property usually kept in the property.",
    "advice": "Should the Purchaser breach the Contract, they will be required to pay any costs incurred by the Vendor due to the default including bridging finance costs, mortgage costs, accommodation expenses, penalties incurred to a third party and any other costs incurred to the purchaser’s default"
  },
  {
    "id": 20,
    "sc": "The purchaser shall pay to the vendor upon demand, without the need for the vendor to serve a default notice, for any of the below reasonably foreseeable losses attributed to the purchasers default:­\r\nall costs associated with obtaining bridging finance to complete the vendors purchase of another property and interest charges on such bridging finance;\r\ninterest payable by the vendor under any existing mortgage over the property; \r\naccommodation expenses reasonably incurred by the vendor; \r\npenalties payable by the vendor to a third party through any delay in completion of the vendors purchase;\r\npenalties payable by the vendor under and head contract of sale relating to land;\r\nany other such costs as are incurred by the vendor as a result of the purchaser’s default.",
    "advice": "Should the Purchaser breach the Contract, they will be required to pay any costs incurred by the Vendor due to the default including bridging finance costs, mortgage costs, accommodation expenses, penalties incurred to a third party and any other costs incurred to the purchaser’s default"
  },
  {
    "id": 21,
    "sc": "The Purchaser acknowledges that should settlement need to be re-scheduled for any reason by the Purchaser or their lender, there shall be a fee of $634.00 payable to the vendors solicitor to account for additional work required to re-schedule settlement.",
    "advice": "If the purchaser wishes to re-schedule settlement, a fee of $634 will be incurred.\r\nThis should be deleted. You should not be charged if you are not in default under the Contract."
  },
  {
    "id": 22,
    "sc": "In the event that the vendor shall be prevented or restrained from completing this contract by caveat, injection or otherwise, the vendor may at elect to:\r\nterminate the contract by notice in writing to the purchaser prior to the date for completion of this contract (settlement), whereupon the contract shall be at an\r\nend and all money paid by way of deposit prior to the date of completion shall be returned to the purchaser In full. The purchaser shall not be entitled to claim for damages and compensation and the vendor shall not be liable to the purchaser for any damages or compensation by reason of such termination; or\r\nextend the time for payment of the balance for a period of up to 34 days to enable the vendor to remove any such caveat, injunction, or other restraint, so that the vendor will be able to give title to the purchaser in accordance with the contract. The purchaser shall not be entitled to claim for damages and compensation, and the vendor shall not be liable to the purchaser for any damages or compensation by reason of such extension. In the event the vendor is unable to give title to the purchaser in accordance with the contract by the extended date, the vendor may by notice in writing, terminate the contract and all money paid by way of deposit prior to the date or completion shall be returned to the purchaser in full. The purchaser shall not be entitled to claim for any damages or compensation by reason of such termination.\r\nIf the contract is terminated In accordance with this special condition, this special condition shall not merge upon the termination of the contract but shall continue to bind the purchaser as to the terms for the benefit of the vendor.",
    "advice": "If the Vendor cannot settle due to injunction or caveat on the Title, they may terminate the contract or extend settlement by up to 34 days.\r\nThis should be deleted"
  },
  {
    "id": 23,
    "sc": "If the Vendor cannot deliver the property in the condition required under General Condition 31.2 because of destruction or damage to the property, the Purchaser must within 14 days of being advised of the damages or destruction by the Vendor elect by notice to either:\r\ncomplete the purchase and the Purchaser's sole right arising from the breach of General Condition 31.2 will be the right of indemnity under the Vendor's Insurance provided by part 2 Division 3 of the Sale of Land Act; or\r\nrescind this Contract and the Purchaser's only claim against the Vendor will be for repayment of all moneys paid by the Purchaser by way of deposit in full.",
    "advice": "If the Vendor cannot deliver the property at settlement in the same condition as the day of sale, the Purchaser can either claim compensation after settlement or rescind the contract and have the deposit money return."
  },
  {
    "id": 24,
    "sc": "If the Purchaser does not so elect the Vendor may at any time after expiration of the Notice cancel this Contract and neither the Vendor nor the Purchaser will have any further rights or liabilities under this Contract save that the Vendor must refund to the Purchaser all moneys paid by way of deposit in full.",
    "advice": "If the Purchaser does not elect to either of the above, the Vendor may cancel the Contract.\nThis is unreasonable and should be deleted."
  },
  {
    "id": 25,
    "sc": "The purchaser buys subject to any restrictions imposed by the provisions of the Melbourne Metropolitan Planning Scheme and any other Town Planning Acts or Schemes. The vendor gives no warranty as to the use to which the land may be put.",
    "advice": "The Purchaser buys subject to any planning schemes"
  },
  {
    "id": 26,
    "sc": "The Purchaser hereby accepts the current condition of the property and must not claim for\r\ncompensation, nor refuse or delay payment of the Price, because of:\r\na misdescription of the Land;\r\na deficiency in its area or measurements;\r\nimprovements not being erected within the boundaries of the Land;\r\nthe condition of the property, any patent or latent defects affecting the property including to the fixtures, fittings and chattels;\r\nthe issue or non-issue of Building Permits and/or completion of final inspections by the relevant authorities",
    "advice": "The Purchaser buys the property in its current condition subject to any misdescription, defects or non-compliance"
  },
  {
    "id": 27,
    "sc": "It is hereby agreed between the parties hereto that there are no conditions, warranties or other terms affecting this sale other than those embodied herein and the purchaser shall not be entitled to rely on representations made by the Vendor or their Agent, except such as are made conditions of this Contract.",
    "advice": "There are no conditions affecting this sale other than those embodied within the Contract.\rPlease ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract"
  },
  {
    "id": 28,
    "sc": "The land is sold subject to any and all restrictions conditions and controls as to planning, building control, use and development under any legislation or subordinate legislation and under any order, planning scheme, regulation, by-law or any permit contained in or made or issued pursuant thereto including without limitation the planning scheme referred to in the vendor statement given by the vendor to the purchaser and the Planning and Environment Act 1987. No such restrictions conditions or controls shall constitute a defect in the vendor’s title and the purchaser is not entitled to any compensation from the vendor in respect thereof.",
    "advice": "The property is sold subject to all restrictions and any breach of these does not constitute a defect in the title. The purchaser is not entitled to any compensation from the vendor."
  },
  {
    "id": 29,
    "sc": "The purchaser agrees that a reasonably foreseeable loss under this contract includes any one or more of the following:\r\nthe cost of obtaining bridging finance to complete the vendor’s purchase of another property, including interest, legal costs, duty and other costs of or incidental to such bridging finance;\r\ninterest and bank charges payable by the vendor under any existing loan or mortgage on the property hereby sold calculated from the due date of settlement;\r\nany accommodation and moving and storage expenses incurred by the vendor as and from the due date of settlement of the property hereby sold;\r\nlegal costs and expenses of the vendor on a solicitor and own client basis; \r\nwhere the vendor is purchasing another property – all interest, expenses and legal costs payable by the vendor in respect of the vendor’s purchase, arising from or in consequence of the default in payment of any moneys payable under this contract by the purchaser or owing to any breach of or failure by the purchaser to observe any of the terms and conditions of this contract.",
    "advice": "If you are in default, you will be required to pay the vendor’s legal fees, finance costs, storage costs, any interest and expenses they incur if purchasing another property."
  },
  {
    "id": 30,
    "sc": "The purchaser must assume liability for compliance with any notices or orders relating to the property sold, which are made or issued on or after the day of sale but the purchaser shall be entitled to enter on the property sold at any time prior to the settlement date for the purpose of complying with any such notice or order which requires compliance before the settlement date. The purchaser may also inspect the condition of the property and the goods at any reasonable time during the period of seven days preceding the settlement date.",
    "advice": "You are reasonable for the compliance of any notices or orders (including payment of money) relating to the property from the day that contract is signed."
  },
  {
    "id": 31,
    "sc": "The purchaser acknowledges that:\rprior to paying the deposit or signing this contract or any agreement or document in respect of the sale hereby effected which is legally binding upon or intended to legally bind the purchaser, the purchaser has been given:\ra statement in writing containing the particulars required by section 51 of the Estate Agents Act 1980 as amended; and,\ra copy of this contract of sale in compliance with section 53 of the Estate Agents Act 1980 and that simultaneously the purchaser was given a vendor’s statement as required by section 32 of the Sale of Land Act 1962\rthere are no conditions, warranties or other terms affecting this sale other than those embodied herein and the purchaser shall not be entitled to rely upon any representations or statements made by or on behalf of the vendor except such as are embodied in this contract or which are made in writing by the vendor or made under the written authority of the vendor.\rthat any representation or statement made by the vendor which is not embodied in this contract has been withdrawn immediately prior to the purchaser signing this contract.\rsave as set out in sub - paragraph (b) herein, that any representation or statement purportedly made on behalf of the vendor and not embodied in this contract is made without the authority or permission of the vendor. any improvements on the land may be subject to or require compliance with the Building Act 1993,Building Regulations 1994, the Building Code of Australia, municipal by-laws, relevant statutes and any regulations made under any statutes or any repealed laws under which the improvements were constructed or modified. Any failure to comply with any one or more of those laws, regulations, by-laws or rules by the vendor or any predecessor in title of the vendor is not a defect in the vendor’s title and the purchaser will not make any objection on or to title or claim any compensation from the vendor on those grounds and the purchaser must complete the contract in all respects. the purchaser has purchased the land as a result of the purchaser’s own inspection and inquiries in its present condition and state of repair, and subject to all faults and defects both latent and patent and except to the extent stipulated in this contract or as stipulated in the vendor’s statement pursuant to section 32 of the Sale of Land Act 1962, neither the vendor, nor any person\ron behalf of the vendor has made any statement, representation or warranty in relation to those matters.",
    "advice": "The Contract contains the entire agreement between the parties and you purchase the property after undertaking your own due diligence and inspections.\r\nThere is also a Further Special Condition which states that as long as you comply with SC 1, 9 and 13 and you are not in default under the Contract, you and your surveyor may have limited access to the property after giving reasonable notice to conduct a land survey."
  },
  {
    "id": 32,
    "sc": "The Purchaser admits that the Land as offered for sale and inspected by the Purchaser is identical to that described in the Title particulars in the Vendors Statement herewith. The Purchaser agrees not to make any requisition or claim any compensation for any alleged misdescription of the land or deficiency in the area or measurements or call upon the Vendor to amend title or bear all or any part of the cost of doing so.",
    "advice": "No claim can be made for any alleged misdescription of the land or deficiency in the area."
  },
  {
    "id": 33,
    "sc": "The property is sold with all restrictions as to the use under any permit, scheme or overlay, order, plan, regulation or by-law contained in or made pursuant to the provision of any legislation or requirement made by any authority to control or restrict the use of land. The Purchaser shall not be entitled to any compensation from the vendor due to any restriction and such restrictions shall not constitute a defect in the Vendor’s title.",
    "advice": "The Property is sold subject to any planning restrictions."
  },
  {
    "id": 34,
    "sc": "This contract sets out all the terms and conditions of this sale and any representation or promise or warranty made prior to this contract being executed which is not referred to herein or the Vendors Statement which may have been made for or on behalf of the Vendor is hereby withdrawn and shall not be relied upon by the Purchaser.",
    "advice": "This Contract represent the entire agreement.\nPlease ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract."
  },
  {
    "id": 35,
    "sc": "The Purchaser agrees that he is not relying upon any representation made by or on behalf of the Vendor to the purchaser or a representative of the Purchaser and that the Purchaser is relying upon his own enquiries made before signing this contract.",
    "advice": "This Contract represent the entire agreement.\nPlease ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract."
  },
  {
    "id": 36,
    "sc": "If there is a requirement under this contract to perform an obligation, in particular but not limited to payment of the Balance on the Settlement Date, that obligation must be performed by no later than 1:12pm on the date such obligation is due to be performed. If such an obligation is such that its failure to be completed gives rise to a default by the party responsible for performing that obligation, then the party who fails to perform that obligation by the stated time on the date shall be in default.",
    "advice": "If there is a requirement under this contract to perform an obligation, that obligation must be performed by no later than 1:12pm on the date such obligation is due to be performed.\r\nThis is unreasonable and should be deleted. Completed by close of business is the standard."
  },
  {
    "id": 37,
    "sc": "The property is sold subject to all restrictions, easements, covenants, leases, encumbrances, encumbrances and all implied easements, encumbrances and restrictions and any rights of any other person, whether they are disclosed or not. The Purchaser accepts the location of all buildings and shall not make any claim whatsoever or delay settlement in relation thereto.",
    "advice": "The Property is sold subject to any restrictions on the land including easements and covenants."
  },
  {
    "id": 38,
    "sc": "The Purchaser acknowledges that his decision to purchase the property has been as a result of his own inspections and enquiries of the property and all structures, buildings and other assets of the property. It is agreed between the parties that the Purchaser shall not be entitled to make any claim for compensation or objection whatsoever in respect of condition/ state of repair of the property as at the date of sale or any fair wear and tear thereafter.",
    "advice": "The Purchaser buys the property as a result of their own inspections and enquiries of the property and no claim can be made in respect of the condition or state of repair of the property as at the date of sale or any fair wear and tear thereafter."
  },
  {
    "id": 39,
    "sc": "The Purchaser acknowledges that any improvements on the property may be subject to Victorian Building Regulations, Municipal By-Laws, relevant statutes and/or any other regulations thereunder and any repealed laws which effected the construction of any structures. The Purchaser shall not claim any compensation nor require the Vendor to comply with any of those laws or regulations should there be any failure to comply with any one or more of those laws or regulations and this shall not constitute a defect in the Vendors Title.",
    "advice": "No claim can be made for any failure of the property or any works completed with relevant laws or regulations.\nWe recommend a Building and Pest Inspection is carried out on the Property to ensure it is in good condition and compliant."
  },
  {
    "id": 40,
    "sc": "The purchaser acknowledges and declares that they have inspected or have had inspected on their behalf the chattels, fittings and assets being sold in this contract at or prior to the time of signing and are aware of any deficiencies or defects. Therefore, the Purchaser shall not claim compensation or make an objection at settlement based on the working order of any fittings or other assets of the property at or before settlement.",
    "advice": "The chattels, fittings and assets being sold are sold in their current condition and subject to any defects or deficiencies."
  },
  {
    "id": 41,
    "sc": "The Purchaser warrants to the Vendor that it is empowered to enter this Contract and can do so without consent from any other person or has already obtained that consent.",
    "advice": "The Purchaser enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors’ Statement\r\nPlease ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract."
  },
  {
    "id": 42,
    "sc": "The Purchaser warrants to the Vendor that is it not prohibited by or under any law including without limitation the Foreign Acquisitions and Takeovers Act 1975 from entering into or competing this Contract.",
    "advice": "The Purchaser enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors’ Statement\r\nPlease ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract."
  },
  {
    "id": 43,
    "sc": "The Purchaser warrants to the Vendor that it enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors' Statement.",
    "advice": "The Purchaser enters into this Contract in reliance on its own inspection of and enquiries relating to the Property and does not enter into this Contract on the basis of the information contained in the Vendors’ Statement\r\nPlease ensure anything said to you by the Vendor or their Agent you are relying on is included in the Contract."
  },
  {
    "id": 44,
    "sc": "The Land is sold subject to any restriction as to user imposed by law or by any authority with power under any legislation to control the use of land. Any such restriction shall not constitute a defect in title or a matter of title or affect the validity of this Contract and the Purchaser shall not make any requisition, objection, or claim or be entitled to compensation or damages from the Vendor in respect thereof.",
    "advice": "The Land is sold subject to any planning restrictions"
  },
  {
    "id": 45,
    "sc": "Any Provision in this Contract enabling the right of nomination shall not be exercised by the Purchaser unless from the time of signing of this contract he/she provides the Vendor or the Vendors Conveyancer or agents with the identity of the any undisclosed Purchaser and undertakes to provide documented evidence of his intention to purchase the subject property with or on behalf of any other Purchasers not less than 16 days prior to the settlement date. Failure by the purchasers to forward such documented evidence will result in the contract being able to be extended by up to a 16-day period from the settlement date. In such instance the Vendor can exercise such right and charge the Purchaser the interest penalty at the rate set out in Special Condition 9 of this contract. Any nomination under this contract must be in writing and executed by the named Purchaser and the substitute or additional Purchaser and be accompanied by a copy of the statutory declaration made by the named purchaser for stamp duty purposes.",
    "advice": "If you wish to nominate an additional or substitute purchaser it must be done no later than 16 days prior to settlement.\r\nThere is another nomination special condition at condition 20 that is contradictory to this condition."
  },
  {
    "id": 46,
    "sc": "The Vendor further gives notice to the Purchaser that in the event that the Purchaser fails to complete the purchaser of the Property on the date specified in the Contract between the Vendor and the Purchaser for the payment of the residue as defined in the Contract the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to the interest payable in\r\naccordance with the terms of the Contract:\r\nAll costs associated with obtaining bridging finance to complete the Vendor's purchase of another property, and interest charged on such bridging finance.\r\nInterest payable by the Vendor under any existing Mortgage over the property calculated from the Due Date.\r\nAccommodation expenses necessarily incurred by the Vendor\r\nAdditional costs and expenses as between the Vendor's representative and the Vendor plus any legal costs.\r\nPenalties payable by the Vendor to a third party through any delay in completion of the Vendor's purchase.\r\nIf settlement does not occur on the due date and or, at the agreed time, then as a result the settlement is rescheduled for any reason that is not the vendors fault, or if settlement is delayed by more than 18 minutes, the purchaser will pay on demand, a reschedule fee of three hundred and thirty dollars, per reschedule of time and or date of settlement, in additional to any default notice issued by the vendors representative. This includes any request by the purchaser for an earlier settlement. \r\nIf applicable, the financial institution costs or any other third-party costs associated with attending to a delayed or changed settlement time and or date, will be borne by the purchaser.\r\nIn the event that settlement time is disputed for any reason, all parties agree that the last lot of written correspondence sent by the vendors representative, will be deemed to be the agreed time for settlement.",
    "advice": "If the Purchaser fails to complete the purchase of the Property on the date specified in the Contract, the Vendor will or may suffer the following losses and expenses which the Purchaser shall be required to pay to the Vendor in addition to penalty interest including bridging finance costs, mortgage costs, legal costs, penalties payable to a third party, lender costs and a settlement re-scheduling fee of $330 dollars per re-schedule, even if settlement is only delayed by 18 minutes. If settlement time is disputed, the last lot of written correspondence sent by the vendors representative will be deemed to be the agreed time.\r\n9(1)(f) is unreasonable and should be deleted."
  },
  {
    "id": 47,
    "sc": "The purchaser will pay to the vendor on settlement the sum of ninty-three dollars for any finance & or deposit extension request. Such cost is to cover the vendors' representative for the additional work completed for such request by the purchaser. It will be payable on settlement regardless of whether any such request is granted or not, by the vendors' representative and will be shown in the final adjustments.",
    "advice": "The purchaser will pay the sum of ninty-three dollars for any finance & or deposit extension request.\r\nThis is unreasonable and should be deleted."
  },
  {
    "id": 48,
    "sc": "The Purchaser acknowledges that should this contract be subject to finance of any description, as is noted on the Particulars of\rSale in this contract, then General Condition 20.2(c) is to be deleted and the following sentence is to be inserted; \"serves written notice ending the contract on the vendors representative on or by 5.00pm on the approval date\".\r11. 1.\tIn addition, such notice MUST\ra. Be provided to the Vendors Representative by email means only;\rb. Be generated only from an approved lending institution;\rc. Be signed and dated by the authorised representative of such approved lending institution;\rd. Not be issued by a mortgage broker, loan originator or similar;\re. Be on a formal letter head from the approved lending institution that the loan application was applied to; 11.2 It is further agreed between the parties. ­ a. Any Failure to comply will Special Condition 11.1 (a,b,c,d&e) will not constitute an end to this contract when subject\rb. to Finance approval or the like.\rc. That this contract is now deemed unconditional in relation to finance approval.\r11.3\tIn the event finance decline is advised to the vendors representative in accordance with special condition 11.1.a then the vendor allows such formal decline letter in accordance with special conditions 11.1b,c & d to be provided within 3 business days of the purchaser or their representative advising that finance has been declined. Such letter must be dated as of or before the date of notification to the vendors representative.",
    "advice": "If the Contract is subject to finance and you do not receive finance, you can only terminate the contract if you provide a letter from your bank stating your loan has been declined. \r\nYou should have this clause deleted if you are making the contract subject to finance."
  },
  {
    "id": 49,
    "sc": "The purchaser must and agrees to provide a copy of all certificates purchased by them or obtained in any shape or form, to complete any adjustments. Such searches & or certificates submitted, must have an issue date by the relevant authority, or organisation, issuing such search or certificate of not more than 34 days, prior, to the settlement date. The date of issue on the relevant search or certificate will be accepted as the date issued by such authority or organisation. Adjustments and searches or certificates must be submitted to the vendors representative at least 3 business days prior, to the settlement date, but only, via email transmission.\r\nFailure to comply with the condition: -\r\nThe vendor Will not be obliged to provide cheque directions, up to 3 business days after the purchaser has complied with this condition. The purchaser agrees that they will be in default of this contract and the Vendor will be entitled to delay settlement by up to a further three business days after receipt of adjustments and searches or certificates in full at the purchaser's expense.\r\nAn administration fee of $485 will be charged to the purchaser for failing to comply with this condition in addition to any default notice cost issued. Further to the above: -\r\nShould any search or certificate relied upon by the purchaser as part of the adjustment submission, not be purchased by the purchaser from the relevant authority or organisation, then its agreed that, for any part of the adjustments that was obtained, but not purchased, to complete the adjustments, the purchaser will forfeit any ability to re adjust after settlement has been completed. This condition will not merge on settlement.",
    "advice": "Certificates submitted for adjustments must have been issued not more than 34 days prior to the settlement date and provided to the vendor at least 3 business days prior to the settlement date. An administration fee of $485 will be charged to the purchaser for failing to comply with this condition.\r\nThis is unreasonable and should be deleted."
  },
  {
    "id": 50,
    "sc": "Where the Vendor has initiated the invitation to the purchaser via the online portal and such invitation was initiated 12 business days prior to settlement, the purchaser must, within 7 business days prior to settlement, complete the purchasers' obligations and sign the online form. The State Revenue office portal indicates the date in which the\r\nform was completed by the purchase. Such date noted, will be deemed as the date of completion by the purchaser. Failure by the Purchaser to complete 18 .2, the purchaser will be in default of this contract.\r\nSuch failure, may inhibit the Vendors ability to sign and complete the vendors obligation with the State Revenue office of Victoria, in this regard prior to Settlement.",
    "advice": "Where the Vendor has initiated the Duties Online invitation to the purchaser via the online portal and such invitation was initiated 12 business days prior to settlement, the purchaser must, within 7 business days prior to settlement, complete the\r\npurchasers’ obligations and sign the online form otherwise the purchaser will be in default of this contract.\r\nThis is unreasonable and should be deleted."
  },
  {
    "id": 51,
    "sc": "In the event that the purchaser fails to comply with special condition 18.2, the vendor will be able to delay settlement by up to 8 business days from the date noted on the State Revenue Office portal that the form has been signed by the purchaser.",
    "advice": "In the event that the purchaser fails to comply with special condition 18.2, the vendor will be able to delay settlement by up to 8 business days from the date noted on the State Revenue Office portal that the form has been signed by the purchaser.\r\nThis is unreasonable and should be deleted"
  },
  {
    "id": 52,
    "sc": "20.1 (a)\t The common law right of nomination is excluded, and the Purchaser must only nominate an additional or substitute transferee in accordance with this Special Condition 20.2.\r\n(b) \tAll nominations of an additional or substitute transferee must first be approved by the Vendor.\r\n(c) \tIf the Purchaser proposes to nominate a substitute or additional transferee, the Purchaser:\r\nacknowledges and agrees that the Vendors not obliged to approve the nomination and/or return the Deposit in exchange for the deposit provided by the substitute or additional transferees; and\r\nmust deliver to the Vendor for approval no later than 14 Business Days before the Due Date: \r\n20.2\r\na nomination form: \r\npursuant to which the nominee agrees to be bound by the terms of this Contract as if the nominee was a party to this Contract save and except, where applicable, the terms under Which the Purchaser obtains a benefit from the Vendor; and\r\nproperly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; and\r\na completed digital duties form containing complete and accurate particulars about the nomination and nominee;\r\na nomination deed substantially in the form contained in 'Annexure A' properly completed with the relevant particulars and executed by the Purchaser, nominee purchaser and any guarantor under any Guarantee; \r\nall other information and/or documents required under this Special Condition 20.\r\n20.3\t Where the Vendor's approval is withheld, the Purchaser 'acknowledges and agrees that the Purchaser is the party liable for the completion of the Contract.\r\n20.4 \tA cheque payable by the nominee to the Vendors representative for $467, in respect of costs payable by the nominee under the nomination deed. At the discretion of the vendors representative, this cheque may be able to be paid on settlement and included in the adjustments.\" \r\n20.5 \tPurchaser's liability) The Purchaser may nominate a substitute or additional transferees, but the named purchaser remains personally liable for the due performance of all the Purchaser's obligations under this Contract. \r\n20.6 \tThe Purchaser indemnifies the Vendor against any claim, action, loss, damage, liability or cost that may be brought against the Vendor and/or the Developer or which the Vendor and/or the Developer may pay, sustain or incur in respect of any matter arising from a nomination of a substitute or additional transferee.",
    "advice": "If you wish to nominate an additional or substitute purchaser it must be done no later than 14 days prior to settlement and will incur a fee of $467.\r\nThis should be deleted given they already have special condition 8 in place."
  },
  {
    "id": 53,
    "sc": "The Purchaser acknowledges that they have inspected the structures buildings and the Land and performed all required investigations in relation to the land. The Purchaser warrants to the Vendor that, because of the Purchaser’s own inspection and enquiries, the Purchaser:\rHas made investigations and accepts the structures, improvements, and land as to the condition, and state of repair.\rAccepts that all structures or improvements on the land may not comply with applicable building codes, standards regulations and the Purchaser has made its own investigation as to the level of compliance and required building rectification work or demolition to achieve compliance.\rAccepts the land as it is in its current state, and subject to all defects, whether latent or patent, noncompliance with applicable building codes standards and regulations; and Is satisfied about the purposes for which the land may be used and about all restrictions and prohibitions on their intended use or development of the land.\rIs aware that the structures and improvements on the land may not be suitable for occupation or habitation notwithstanding that an occupancy permit had been issued",
    "advice": "The Purchaser buys the property as a result of their own enquiries and inspection, in its present condition and state of repair subject to any defects, existing services and non-compliance of the property."
  },
  {
    "id": 54,
    "sc": "The Vendor gives no warranty:\r\nThat the improvements erected on the land or any alterations or additions to the improvements comply with any building legislation, regulations applicable code and standards.\r\nAs to the use to which the land may be intended to be used by the purchaser is suitable for that intended use.\r\nThat the building and structures on the land comply with any applicable building permit, approval, and regulations.\r\nThat any of the chattel’s appliances, fixtures or fittings in that building are operational or functional.",
    "advice": "The vendor does not guarantee that improvements or alterations to the land comply with building legislation, regulations, codes or standards, that the land is suitable for the purchaser's intended use, that the building and fixtures are operational or functional.\r\nPlease ensure that you have satisfied with yourself with the condition of the Property."
  },
  {
    "id": 55,
    "sc": "The Vendor gives no warranty:\r\nThat the improvements erected on the land or any alterations or additions to the improvements comply with any building legislation, regulations applicable code and standards.\r\nAs to the use to which the land may be intended to be used by the purchaser is suitable for that intended use.\r\nThat the building and structures on the land comply with any applicable building permit, approval, and regulations.\r\nThat any of the chattel’s appliances, fixtures or fittings in that building are operational or functional.",
    "advice": "The vendor does not guarantee that improvements or alterations to the land comply with building legislation, regulations, codes or standards, that the land is suitable for the purchaser's intended use, that the building and fixtures are operational or functional.\r\nPlease ensure that you have satisfied with yourself with the condition of the Property."
  },
  {
    "id": 56,
    "sc": "The Purchaser shall make no objection, claim compensation, or delay settlement or payment of the balance of\r\nthe purchase price because of anything in connection with: \r\nany improvements buildings structures erected on the land or any alterations or additions to the improvements not being in compliance with any building legislation, applicable codes and standards, building regulations. \r\nThe failure or defect (latent or patent) in any structure, improvements chattels or good which are on the land.\r\nThe nature of quality and classification of the soil and subsoil of the land.\r\nThe suitability condition or existence or non-existence of any chattels appliances, fixtures, and fittings in relation to the dwelling on the land.",
    "advice": "The purchaser cannot object, claim compensation or delay payment of the purchase price due to improvements, alterations, failures, defects, soil quality, or the suitability of chattels, appliances, fixtures, and fittings related to the dwelling on the land, as well as any alterations or additions not in compliance with building legislation.\nPlease ensure that you have satisfied with yourself with the condition of the Property."
  },
  {
    "id": 57,
    "sc": "General condition 4 of the contract of sale is added:\rThe purchaser may no later than 10 days before the due date for settlement nominate a suitable or additional person to take a transfer of the land, but the named purchaser remains personally liable for the due performance of all the purchaser’s obligations under this contract. The nominee must pay the additional professional fees to Vendor’s Conveyancers of $374 for the nomination.",
    "advice": "Should a nomination of an additional or substitute purchaser be required, a fee is payable to the Vendor’s solicitor of $374.00 towards legal costs.\r\nPlease let us know if you are looking to nominate someone else after signing the contract."
  },
  {
    "id": 58,
    "sc": "The Purchaser shall pay to the Vendor’s representative the sum of $394 for each extension made to the finance and/or deposit payment due date (or other change to the contract or settlement document) made with the Vendor’s consent, at the Purchaser’s request.",
    "advice": "The purchaser must pay $394.00 in legal costs to the vendor for each extension to the settlement date or in case of other contract changes made with the vendor's consent. \r\nThis should be deleted."
  },
  {
    "id": 59,
    "sc": "Should the purchaser seek an extension or variation to the due date for settlement as set out in the particulars of this Contract, it is requisite that the purchaser compensates the vendor’s representative with $394 at the time of settlement for each request made.",
    "advice": "The purchaser must pay $394.00 in legal costs to the vendor for each extension to the settlement date or in case of other contract changes made with the vendor's consent. This should be deleted."
  },
  {
    "id": 60,
    "sc": "The purchaser must ensure the settlement occurs on the due date for settlement as set out in the particulars of this Contract (Due Date). Failure to settle by the Due Date constitutes a default under this contract.\r\nIn the event of a default by not settling on the Due Date, the purchaser shall be obligated to compensate the vendor’s representative with a sum of $941 for each occurrence of requesting a rescheduling of the settlement.\r\nGeneral conditions 35.4 of the contract of sale is added:\r\nShould the settlement be not completed on the due date by the purchaser, the purchaser will be liable for Vendor’s losses including but not limited to:\r\nInterests on any loan secured on the property from the original settlement date until the property can settle.\r\nPenalties, interest, and charges incurred as a result of not being settle a purchase of another property; and\r\nAny extra costs involved accommodation costs; storage costs incurred by the Vendor.",
    "advice": "Should the Purchaser breach the Contract, they will be required to pay any costs incurred by the Vendor due to the default including bridging finance costs, mortgage costs, accommodation expenses, penalties incurred to a third party and any other costs incurred to the purchaser’s default. Further, an amount of $941 is also payable by the purchaser as the vendor’s legal costs for rescheduling the settlement each time.\r\nWe recommend that the legal costs to be reduced to $110 including GST."
  },
  {
    "id": 61,
    "sc": "The Purchaser acknowledges that no information, representation, comment, opinion or warranty by the Vendor or the Vendor’s Agent was supplied or made with the intention or knowledge that it would be relied upon by the Purchaser and no information, representation, comment, opinion or warranty has in fact been so relied upon and that there are no conditions, warranties or other terms affecting this sale other than those embodied in this Contract.",
    "advice": "The Contract contains the whole agreement and you cannot rely on anything that is not included in the Contract.\rTherefore, anything that the Agent or the vendor have promised you needs to be included in the Contract or you cannot rely on it at a later date."
  },
  {
    "id": 62,
    "sc": "The Purchaser must pay to the Vendor on the Due Date on an indemnity basis the Vendor’s cost incurred each time a scheduled settlement is rescheduled at the request of the Buyer or because of its default and which costs are agreed will be $740 payable to the Vendor’s representative at settlement.",
    "advice": "If settlement is rescheduled at your request you will be required to pay the vendor’s solicitor a fee of $740.\rKeep this in mind when choosing your settlement date"
  },
  {
    "id": 63,
    "sc": "The Purchaser acknowledges that after this Contract has been signed by both parties, if the Purchaser requests any variation to the contract or extension of time, the Vendor may incur further conveyancing fees and expenses as a result of the Purchasers requests. In this event the Purchaser irrevocably agrees to indemnify the Vendor for additional conveyancing fees and expenses of $742 for each separate request for the variation or extension of time, such sum shall be allowed by the Purchaser as an adjustment at settlement. In addition to the above the parties agree to sign a Deed of Variation if requested to do by the Vendor’s conveyancer.",
    "advice": "Any extensions you request will incur a fee of $742."
  },
  {
    "id": 64,
    "sc": "The due date for settlement stipulated in the Particulars of Sale must not be between 29 march 2025 and 13 April 2025. In the event that a date within this period is stipulated as the due\r\ndate for settlement, this special condition shall prevail and have the effect of altering the due date for settlement to read 14 April 2025.",
    "advice": "Settlement cannot occur between 29 march and 13 April 2025."
  },
  {
    "id": 65,
    "sc": "The Purchaser acknowledges that:\r\nno information, representation or warranty by the Vendor, the Vendor’s Agent or the Vendor’s Legal Practitioner was supplied or made with the intention or knowledge that it would be relied upon by the Purchaser;\r\nno information, representation or warranty has been relied upon; and \r\nthis Contract contains the entire agreement between the parties for the sale and purchase of the Property and supersedes all previous negotiations and agreements in relation to the transaction.",
    "advice": "The Contract reflects the entire agreement between the parties and no information, representation or warranty can be relied upon if not contained in the Contract.\rGiven this, please advise me if any promises have been made to you that are not contained in the Contract"
  },
  {
    "id": 66,
    "sc": "Insert an additional General Condition 32(c) “all reasonable costs and expenses incurred by the Vendor’s Legal Practitioner calculated on a solicitor/client basis and any consultant’s expenses reasonably incurred by the Vendor”.",
    "advice": "In the event of the Purchaser’s default, they will be liable for all reasonable costs and expenses incurred by the Vendor’s Legal Practitioner calculated on a solicitor/client basis.\rThis has been capped at $220 by way of SC37.4."
  },
  {
    "id": 67,
    "sc": "Entire Agreement\r\n\r\nThe Purchaser acknowledges that the Land is sold subject to:\r\nall Restrictions; and\r\nany existing easement restrictive covenants and easements which may affect or impact upon the Property whether registered on Title or not.\r\nNo Restriction constitutes a defect in the Vendor’s title and the Purchaser may not make any requisition or objection or be entitled to any compensation from the Vendor in respect of it.\r\nThe Purchaser acknowledges and accepts that the Land is subject to:\r\nany existing easement and restrictive covenants and easements that may be required to be included on the Plan of Subdivision or the Land as a requirement of the Relevant Authority or the provisions of the Planning Permit Conditions or the requirements of NBN Co; and\r\nany Section 173 Agreement or other agreement which may affect or impact upon the Land or the Plan of Subdivision or the Property which may be required by any Relevant Authority.\r\nSection 10(1) of the Act does not apply in respect of any easements shown on the relevant stage of the Plan of Subdivision. \r\nThe Purchaser shall not make any requisition, claims or demands with respect to any such easements, or any Section 173 Agreement, Land Management Agreement or other agreements entered into with any Relevant Authority or other parties. \r\nThe Land is sold with a restrictive covenant, that shall be place over the Land prior to settlement. The restrictive covenant shall prohibit the use of any of the Lots on the Plan of Subdivision from being used for any kind of short stay (being a period less than six months), without the prior written consent of the Vendor, or if the Vendor has been wound up or no longer exists, without the prior written consent of the Owners Corporation, which consent can be granted or refused in their absolute discretion without the need to give any reason.",
    "advice": "The land is sold subject to all restrictions"
  },
  {
    "id": 68,
    "sc": "This Contract is subject to and conditional upon registration of the Plan of Subdivision by the Registrar of Titles and issue of an Occupancy Permit by the date which is 29 months from the Day of Sale.\r\nSubject to the Act, if the Plan of Subdivision is not registered by the Registrar of Titles or an Occupancy Permit has not been issued by the Sunset Date: \r\nthe Purchaser may, by written notice to the Vendor prior to the Plan of Subdivision being registered, rescind this Contract; or \r\nthe Vendor may rescind this Contract in accordance with the Act.",
    "advice": "If the Plan of Subdivision (“POS”) is not registered or the Occupancy Permit is not issued within 29 months either party may terminate the Contract."
  },
  {
    "id": 69,
    "sc": "Variations and Alterations to Plan\rSubject to:\rthe Vendor providing the notice required under section 9AC(1) of the Act; and the Purchaser’s right of rescission under section 9AC(2) of the Act, the Vendor may make any variation or alteration to the Plan of Subdivision, including the lot entitlement and lot liability as set out in the Owners Corporation Schedule in respect of the Plan of Subdivision. The Purchaser acknowledges that a variation to the Plan may result in a change to the floor area of the Land. The Vendor and Purchaser agree that: a change to the floor area of the Land of less than 16% is not a material variation for the purposes of section 9AC(2) of the Act; and should there be a decrease to the floor area of the Land of more than 16%, then the Purchaser may not rescind the Contract, but instead the purchase Price for the Land will be adjusted as follows: AP = A x P\rWhere:\rAP is the adjusted Price\rA is the actual area of the Land\rI is the proposed area of the Land as at the Day of Sale; and P is the Price set out in this Contract\ra change to the floor area of the balcony on the Land of less than 10% is not a material variation for the purposes of section 9AC(2) of the Act; and should there be a decrease to the floor area of the balcony on the Land of more than 10%, then the Purchaser may not rescind the Contract, but instead the purchase Price will be adjusted as follows: The Price shall be reduced by an amount calculated by multiplying the area in square meters by which the balcony has decreased by 25% of the Price per square metre payable for the Lot. for the purposes of this Special Condition, the floor area of the Land shall be determined by reference to Architectural Plans. where in this Contract or any annexure there is a reference to an area, that area shall be deemed to have been calculated in accordance with the Property Council of Australia Method of Measurement Guidelines unless expressly stated to the contrary.\rThe Purchaser acknowledges that, prior to the registration of the Plan of Subdivision, the Vendor may subdivide or consolidate any and all of the lots on the Plan of Subdivision. Section 10(1) of the Act does not apply to this Contract in respect of the final location of any easement shown on the Plan of Subdivision. The Purchaser agrees to do all acts, matters and things and to execute all documents necessary to enable the Vendor to obtain registration of the Plan of Subdivision.\rThe Purchaser acknowledges that the position and allocated number of the car park being sold with this Contract may vary from that set out in the Particulars of Sale. The Purchaser agrees that, so long as the car park is within 20 metres from the position of the car park marked on the plan annexed to this Contract, the Purchaser shall not object to that variation to the Plan of Subdivision and this Contract, and the Purchaser agrees that this variation shall not be a material amendment to the Plan of Subdivision.",
    "advice": "The Vendor may make a variation to the POS but any variation cannot cause a material variation of the floor plan by more than 16% and if that does occur the purchase price will be reduced by using the formula in 4.3(b).\r\nThis has been reduced to 5% by way of SC316.6."
  },
  {
    "id": 70,
    "sc": "The Purchaser acknowledges and agrees that:\rthe Building Works may be undertaken in stages; and the Vendor may develop further stages of the Plan of Subdivision for any purpose permitted by the Planning Permit Conditions obtained by the Vendor.\rThe Purchaser must not make any requisition or claim any compensation or purport to rescind this Contract or to avoid any of its obligations under this Contract as a result of the staging of the Building Works by the Vendor including but not limited to any noise, dust, dirt, debris, or inconvenience generated by such staging of the Building Works. In particular, the Vendor makes no warranty that any apartment building other than the building in which the Property is located will be built, and any",
    "advice": "The Building Works may be undertaken in stages and the purchaser cannot make any claims against the vendor as a result of any noise, dust, dirt, debris or inconvenience caused."
  },
  {
    "id": 71,
    "sc": "If within 21 months from the Day of Sale:\r\nany requirement is imposed on the Vendor by the Registrar of Titles or any Relevant Authority which, in the opinion of the Vendor, is too onerous for the Vendor to perform;\r\nif the Vendor has not entered into Contracts of Sale on which full Deposits have been paid for at least half of the residential Lots; or \r\nif the Vendor is unable to procure adequate funding to continue the development of the Property on commercial terms satisfactory to the Vendor acting reasonably or if the Vendor is unable to obtain a permit for the development, \r\nthe Vendor may rescind this Contract by notice in writing to the Purchaser.",
    "advice": "The Vendor has a right to terminate the Contract if within 21 months from the Day of Sale (the day both parties have signed the Contract) the Registrar of Titles or any relevant Authority places an onerous requirement on the Vendor, the Vendor has not sold at least half the residential Lots or the Vendor is unable to procure adequate funding or the Vendor is unable to obtain a permit for the development"
  },
  {
    "id": 72,
    "sc": "If the Contract is rescinded pursuant to Special Conditions 4.1(b) or 6.1;\r\nthe Deposit must be refunded immediately to the Purchaser together with Interest but less any bank fees or amounts owed by the Purchaser to the Vendor under any other arrangement, which may be set off; and \r\nthe Purchaser shall not be entitled to any refund or compensation from the Vendor in respect of any costs, fees or other expenses paid or incurred by the Purchaser in relation to or arising out of the Contract or its rescission.",
    "advice": "If the Contract is terminated under SC4.1(b) or 6.1 the deposit will be returned to the Purchaser in full together with any interest earned less any bank fees."
  },
  {
    "id": 73,
    "sc": "The Purchaser authorises the stakeholder to invest the Deposit on trust for the Purchaser in a separate interest bearing trust account at a bank until the registration of the Plan of Subdivision.",
    "advice": "The deposit is to be invested."
  },
  {
    "id": 74,
    "sc": "When the Plan of Subdivision is registered, the Deposit must be held by the Vendor’s Legal Practitioner as stakeholder in accordance with Section 24 of the Act.",
    "advice": "The deposit is to be invested."
  },
  {
    "id": 75,
    "sc": "For the purposes of the Legal Professional Uniform Law the parties agree that if any part of the deposit is paid by a person other than the Purchaser, the Purchaser shall provide the name and address of the Third Party so that a trust receipt for the deposit may be given to the Third Party. If the Purchaser fails to provide the name and address of the Third Party the Receipt may be given to the Purchaser or the Purchaser’s Legal Practitioner or Conveyancer, provided that if the Purchaser has failed to provide sufficient details of the Purchaser or the Purchaser’s Legal Practitioner or Conveyancer the Receipt may be given to the Vendor’s agent.",
    "advice": "The deposit is to be invested."
  },
  {
    "id": 76,
    "sc": "The Purchaser shall not be entitled to any compensation for loss of interest, costs, fee or other expenses arising out of the investment of the Deposit and the Purchaser forever releases the Vendor’s Legal Practitioner from all claims in that regard.",
    "advice": "The Purchaser is required to provide the Vendors solicitor with their Tax File Number when the deposit is paid."
  },
  {
    "id": 77,
    "sc": "The Vendor must cause the stakeholder to pay the interest earned on the Deposit to the Vendor unless the Vendor wrongfully repudiates this Contract or the Purchaser lawfully avoids this Contract, in which case the Vendor must cause its Legal Practitioner to pay all interest to the Purchaser less any bank fees",
    "advice": "The Purchaser is required to provide the Vendors solicitor with their Tax File Number when the deposit is paid."
  },
  {
    "id": 78,
    "sc": "The Purchaser must provide the Vendor’s Legal Practitioner with its Tax File Number (TFN), which must be provided at the time the Deposit is due to be paid under this Contract.",
    "advice": "The Purchaser is required to provide the Vendors solicitor with their Tax File Number when the deposit is paid."
  },
  {
    "id": 79,
    "sc": "If the Purchaser fails to provide its TFN to the Vendor in accordance with special condition 10.3(c) the Purchaser acknowledges and agrees that:\r\nwithholding tax may be deducted from the interest earned on the invested Deposit at the top marginal rate; and \r\nthe Purchaser will be liable for any additional or withholding tax paid or payable on any interest earned on the Deposit (Additional Tax) due to the Purchaser’s failure to provide its TFN, such Additional Tax to be adjusted at settlement.",
    "advice": "The Purchaser is required to provide the Vendors solicitor with their Tax File Number when the deposit is paid."
  },
  {
    "id": 80,
    "sc": "The Purchaser acknowledges that some or all of the Lots contained in the Plan of Subdivision may be settled at or about the same time as settlement of this Contract.\rThe Purchaser may inspect the condition of the Lot once before Settlement by making an appointment with the Vendor or the Vendor’s agent in accordance with this Special Condition (Pre-Settlement Inspection).\rTo ensure that the Pre-Settlement Inspection appointments by all purchasers of lots in the Plan of Subdivision will be carried out in a safe and orderly manner, the Vendor retains the right: to set the time and date of the Purchaser’s inspection of the Property; to limit the time spent by a Purchaser inspecting the Property; and to limit the number of persons attending an inspection appointment. In the event the Purchaser does not complete a Pre-Settlement Inspection seven (7) days prior to Settlement in accordance with Special Condition 11(b), the Vendor will engage an independent building inspector of its choice to carry out a Pre-Settlement Inspection and provide a report on behalf of the Purchaser. The Purchaser shall pay to\rthe Vendor as reimbursement for this service the sum of $641 including GST\rwhich shall be paid to the Vendor as an adjustment at Settlement.",
    "advice": "The Purchaser is entitled to one Pre-Settlement inspection. If the Purchaser does not complete a Pre-Settlement the Vendor will engage an independent building inspector to carry out the inspection and provide a report. The Purchaser will reimburse the Vendor $641 for this service by way of an adjustment at settlement."
  },
  {
    "id": 81,
    "sc": "The Purchaser acknowledges that:\rany plans, drawing and marketing material provided to the Purchaser of the Property are indicative only and cannot be relied upon; the Purchaser has read the Plan of Subdivision, Architectural Plans and Schedule of Finishes, Fixtures and Fittings, and the Planning Permit Conditions and agrees that this Contract contains all matters on which the Purchaser has relied in entering into this Contract; and items contained in any display suite or display boards are not included in this Contract unless they are specifically referred to in the Schedule of Finishes, Fixtures and Fittings as being provided. If they are noted as optional, then they can be provided if identified at the Day of Sale and upon payment of an additional price.",
    "advice": "The Purchaser acknowledges that any plans, drawings and marketing material provided are indicative only."
  },
  {
    "id": 82,
    "sc": "The Purchaser acknowledges that any marketing, plans or drawings that have been provided are indicative only, and all plans and drawings upon which this Contract is based are attached to this Contract. Subject to Special Condition 12.2(c), the Vendor shall cause the Builder to finish the Land in accordance with the Schedule of Finishes, Fixtures and Fittings and the Architectural Plans. The Purchaser acknowledges that the Architectural Plans and the Schedule of Finishes, Fixtures and Fittings may be varied or altered by the Vendor or the Builder if the Vendor or the Builder deem it necessary or desirable, without reference to the Purchaser. Such variations and alterations may include:\rsubstitution of any one of the items referred to in the Schedule of Finishes, Fixtures and Fittings with items of similar or superior quality; or\rthe omission or removal of any one of the items from the Schedule of Finishes, Fixtures and Fittings where the use or installation of any one of them when the Vendor in its absolute discretion elects to exclude them. If the Vendor exercises its rights under this sub-clause, the Purchaser acknowledges and agrees that any loss suffered by the Purchaser is limited to the value of the item at the date of this Agreement.\rOther than as referred to in special condition 12.2(c)(ii) the Purchaser shall not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract as a result of any variation or alteration referred to in this Special Condition 10.5(d).",
    "advice": "The Vendor will cause the Builder to finish the property in accordance with the Schedule of Finishes, Fixtures and Fittings and Architectural Plans."
  },
  {
    "id": 83,
    "sc": "In the event the Purchaser believes any defects caused by faulty materials or workmanship exist in relation to the improvements on the Land, the Purchaser agrees it shall, within three months of the Date of Settlement, provide the Vendor and Builder with a comprehensive and detailed list of all defects claimed. The Purchaser agrees:\rto act in good faith and reasonably in exercising its rights to seek rectification of any defects by the Vendor; to minimise the number of lists of defects it provides to the Vendor; and not to rectify any defect itself, and in doing so materially and irreparably prejudice the Vendor’s ability to inspect, identify and rectify the defect. The Vendor agrees that, if a defect is notified in accordance with Special Condition 13(a) and accepted by the Builder as a defect, the Vendor and Builder will ensure that: the defect is rectified by the Builder in a proper and workmanlike manner,and the defect is rectified within a reasonable time having regard to the nature and extent of the defect, and the availability of materials and labour, but in any event by the date which is 34 months from the date of notification of the defect. The Vendor will ensure that the building contract with the Builder requires the Builder to repair and make good any defects in the improvements on the Land or the Common Property which are caused by faulty materials or workmanship in a proper and workmanlike manner and within a reasonable period of time depending on the nature and extent of the defect and the availability of materials and labour. The Purchaser agrees to facilitate any repairs accepted by the Vendor and provide unfettered access to the Land on reasonable notice being provided by the Vendor. For the purpose of this clause, reasonable notice shall be 48 hours written notice.\rNotwithstanding any other special condition, the Purchaser may not before Settlement require the Vendor to repair any defects or fault in the Property, and may not at any time require the Vendor to repair any electrical or gas fittings installed in the Property except in accordance with the terms of the manufacturer’s warranties relating to those electrical or gas fittings. The Purchaser acknowledges that in the event that the Purchaser performs any modifications, rectification, or repair works on the Land: in relation to an item identified by the Purchaser as a defect in accordance with this clause; or in any other case, which limits, alters or affects the ability of the Vendor, or (prevents the Vendor from inspecting, identifying, or rectifying any item identified by the Purchaser as a defect,\rsuch conduct is deemed to amount to a waiver by the Purchaser of any rights the Purchaser has or may have had pursuant to this Special Condition 13 in relation to rectification of the defect affected, and the Vendor is not obliged to rectify the defect claimed. If a defect is accepted and made good to the Vendor’s architect’s satisfaction the Vendor’s obligations under this Special Condition 13 are discharged. In the event of a breach by the Purchaser of its obligations pursuant to this Special Condition 13 the Purchaser acknowledges and agrees\rthe Vendor’s ability to inspect, identify and rectify any notified defects will be materially and irreparably prejudiced; and the Purchaser indemnifies and keeps indemnified the Vendor for any additional costs and expenses (whether directly, indirectly, or consequentially in relation to any third party) incurred by it arising out of the Purchaser’s breach of this Special Condition 13. For the purpose of this Special Condition 13, a defect is a fault in construction caused by faulty workmanship or materials, but shall not include (among other things) minor shrinkages or minor settlement cracks.",
    "advice": "If there are any defects caused by faulty materials or workmanship the Purchaser will provide the Vendor and the Builder with a comprehensive list of the defects claimed within 3 months of settlement. The Builder will rectify the agreed defects within a reasonable time but in any event by 34 months from the date the defect is notified."
  },
  {
    "id": 84,
    "sc": "At Settlement and in addition to the Balance of the Price, the Purchaser shall reimburse the Vendor the electricity, water and sewer connection, telephone and other connection fees paid by the Vendor in respect of the Land.\r\nThe Purchaser acknowledges that the services referred to in the Vendor’s Statement will be available for connection but may not be connected to the Land as at the Settlement Date and the Purchaser agrees that it shall be responsible for the payment of any statutory or utility fees in connection to the Land all such services including but not limited to the cost of installing any electricity or other meter in the Property. The Purchaser shall make no objection or requisition nor claim any compensation nor rescind or determine this Contract not delay or postpone settlement as a result of any or all of such services being available but not connected to the Land on the date the settlement is due.",
    "advice": "If the Purchaser does not settle on the Settlement Date the Purchaser will be required to pay the Vendors legal practitioner the sum of $385 for every delayed settlement by way of an adjustment."
  },
  {
    "id": 85,
    "sc": "Prior to Settlement, the Vendor may at its absolute discretion arrange for the physical infrastructure of the national broadband network being the high speed broadband fibre optic network to be installed on the Land, including all conduits, pathways, fibre, cables, electronic devices and equipment, ducts, cabinets, housing and any other active and passive equipment and distribution for coverage by the NBN Co.",
    "advice": "The Vendor may arrange for the physical infrastructure of the national broadband network to be installed on the land at its cost and the Purchaser will be responsible for the costs of securing an account with the Network Infrastructure."
  },
  {
    "id": 86,
    "sc": "As between the Vendor and Purchaser, the Vendor shall be responsible for all costs associated with the installation of the Network Infrastructure, and the Purchaser will be responsible for all costs for securing an account with, and the active use of, the Network Infrastructure.",
    "advice": "The Vendor may arrange for the physical infrastructure of the national broadband network to be installed on the land at its cost and the Purchaser will be responsible for the costs of securing an account with the Network Infrastructure."
  },
  {
    "id": 87,
    "sc": "The Purchaser will not make any requisition or objection, or claim any compensation, rescind or delay settlement of this Contract if as a result of the installation of the Network Infrastructure, there is any exclusivity to the National Broadband Network in relation to the supply of internet or telecommunications services to the Property, or if the Vendor elects not to proceed with the installation of the Network Infrastructure.",
    "advice": "The Vendor may arrange for the physical infrastructure of the national broadband network to be installed on the land at its cost and the Purchaser will be responsible for the costs of securing an account with the Network Infrastructure."
  },
  {
    "id": 88,
    "sc": "If required by the Vendor, the Purchaser will take all steps, do all things, including providing any consent, sign all documents, and if required grant an easement or licence with regarding to the Land in favour of NBN Co or any other company nominated by the Vendor, as reasonably required by NBN Co and on terms satisfactory to NBN Co.",
    "advice": "The Vendor may arrange for the physical infrastructure of the national broadband network to be installed on the land at its cost and the Purchaser will be responsible for the costs of securing an account with the Network Infrastructure."
  },
  {
    "id": 89,
    "sc": "Without limiting any right of the Vendor, the “reasonable costs” referred to in General Condition 34.2(b)(ii) include but are not limited to the Vendor’s Legal Practitioner’s fees agreed at $480 plus GST.",
    "advice": "If the Purchaser is in default under the Contract, the Purchaser will have to pay the Vendors reasonable legal fees which are deemed as $480 plus GST. \r\nThis is reduced to $400 plus GST by way of SC37.11."
  },
  {
    "id": 90,
    "sc": "Pursuant to Special Condition 2.6(c), General Condition 4 is deleted and replaced with the following: (a) If the Purchaser is not in default under this Contract, then it may nominate a substitute or additional Purchaser(s) to assume its obligations under the Contract, provided such nomination is made at least 34 days prior to Settlement. Should the nomination be submitted less than 10 days prior to Settlement, the Purchaser acknowledges that this will cause the Vendor to incur additional legal costs, and the Purchaser shall pay the Vendor’s Legal Practitioner an amount of $266 including GST for each and every nomination, such additional amount or amounts to be paid at settlement. (b) Notwithstanding any nomination or substitution, the Purchaser shall remain personally liable for the due performance of all the Purchaser’s obligations under this Contract until the Balance of Price is paid in full. (c) If the Purchaser nominates or substitutes an additional Purchaser in accordance with\rGeneral Condition 4(a), the nominated or substituted Purchaser must provide to the Vendor’s Legal Practitioner: an executed copy of any Statutory Declaration or other documents required by the Victorian State Revenue Office in relation to the nomination or substitution;\rwhere applicable, the Guarantee and Indemnity executed in accordance with General Condition 3; and where applicable, the certified company search in accordance with General Condition 3. (d) If this Contract is conditional upon anything being done by the Purchaser, then the Purchaser shall not be entitled to nominate or substitute an additional purchaser unless the Purchaser can prove to the Vendor’s satisfaction that the additional\rpurchaser is as capable of fulfilling the condition as the Purchaser. (e) The Purchaser acknowledges it shall be liable for any additional stamp duty which\rmay be incurred as a result of any substitution or nomination. (f) If the Purchaser nominates a substitute Purchaser, the Purchaser must procure the substitute Purchaser to provide a Bank Guarantee or Deposit Bond in the same amount and form as the original Bank Guarantee or Deposit Bond and always complying with this Contract. The original Bank Guarantee or Deposit Bond remains in effect unless and until the substitute Purchaser provides a replacement Bank Guarantee or Deposit Bond whereupon the original Bank Guarantee or Deposit Bond provided by the initial Purchaser shall be returned.",
    "advice": "If you nominate another purchaser and this nomination is submitted less than 34 days prior to Settlement you will be required to pay the Vendor’s solicitor a fee of $266.\r\nThis is reduced to $220 by way of SC37.12."
  },
  {
    "id": 91,
    "sc": "The Purchaser acknowledges that the Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works.",
    "advice": "The Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works."
  },
  {
    "id": 92,
    "sc": "The Purchaser will not, and will use its best endeavours to procure that the Owners Corporation does not, make any requisition or objection or claim any compensation or rescind, terminate or delay completion of the Contract or bring any injunctive proceedings against the Vendor or any other person as a consequence of any nuisance, noise, dust and other discomfort that may result from:\r\nany continuing Building Works or Rectification Works being carried out from time to time in or about the common areas or the lots in the Plans of Subdivision after the Day of Sale and/or Settlement; or \r\nmarketing of unsold lots in the Plan of Subdivision involving, amongst other things, the placement and maintenance upon common areas sale signs, insignia or other fixtures and fittings for marketing purposes after Settlement which the Vendor in its absolute discretion thinks fit.",
    "advice": "The Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works."
  },
  {
    "id": 93,
    "sc": "The Purchaser hereby irrevocably appoints Owners Corporation 1 as its agent to, in relation to any development of later stages on the Plan of Subdivision, to accept service of any protection works notices on behalf of the Purchaser, and any Owners and Occupiers, sign offs and consents\r\nfor such works, including but not limited to:\r\napproval and consenting of protection works notices in relation to developing later states below ground and above ground;\r\nconstruction of vehicle pass-throughs and opening below ground and above ground; \r\nconstruction of pedestrian pass-throughs and openings into future stages below ground and above ground; and \r\nany other works required which the Owners Corporation decides are appropriate for the development of the whole of the land in the Plan of Subdivision.",
    "advice": "The Vendor may continue to require access to the common areas and lots on the Plan of Subdivision after the Day of Sale to carry out Building Works or Rectification Works."
  },
  {
    "id": 94,
    "sc": "Prior to Settlement, the Vendor intends to cause the Owners Corporation to pass a special resolution to adopt the Owners Corporation Rules and to register them with the Registrar of Titles.",
    "advice": "The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68)."
  },
  {
    "id": 95,
    "sc": "The Purchaser acknowledges and agrees that the Owners Corporation may make rules regulating the use of Common Property or common facilities in relation to safety, amenity, or access to the Common Property or common facilities in certain weather conditions.",
    "advice": "The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68)."
  },
  {
    "id": 96,
    "sc": "Having regard to the interests of the Owners Corporation, the Vendor may amend the Owners Corporation Rules as the Vendor considers either necessary or desirable at any time prior to their adoption. The Purchaser may not make any objection, requisition or claim, delay completion of or rescind or terminate this Contract because of any such amendment.",
    "advice": "The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68)."
  },
  {
    "id": 97,
    "sc": "While the Vendor remains the owner of one or more lots on the Plan of Subdivision, the Purchaser will not exercise any of its rights or powers as a member of an Owners Corporation in such a way as would: hinder the completion of the Building Works or Surface Works referred to in Special Condition 8, or the marketing activities of the Vendor in connection with the sale of other lots; \r\nbe contrary to the directions of the Vendor given to the Purchaser from time to time; or \r\ndelay or hinder the adoption of the Owners Corporation Rules pursuant to Special Condition 24(a), or the passing of any special resolution or execution of any agreement pursuant to Special Condition 24(e).",
    "advice": "The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68)."
  },
  {
    "id": 98,
    "sc": "The Vendor may cause the Owners Corporation to pass a resolution or special resolution to enter into short term or long term agreements with any person or entity, including agreements with related parties of the Vendor, for the provision and supply of any utility or service to the building or members of the Owners Corporation, provided\r\nthat any such short term or long-term agreements are entered into on commercial terms.",
    "advice": "The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68)."
  },
  {
    "id": 99,
    "sc": "The Vendor may cause the Owners Corporation to pass a resolution or special resolution to enter into facilities management agreements, service agreements or management plans in relation to the common property including but not limited to plans relating to general maintenance, environmental health, emergency access and\regress for the building, public open space, heritage and occupational health and safety.",
    "advice": "The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68)."
  },
  {
    "id": 100,
    "sc": "The Vendor may cause the Owners Corporation to execute all documents that the Vendor considers either necessary or desirable to give effect to any such resolution. The Purchaser may not make any objection, requisition or claim, delay completion of or rescind or terminate this Contract because of any such resolution or agreement.",
    "advice": "The Property will be subject to an Owners Corporation and the proposed rules are attached to the Contract at Annexure 3 (page 68)."
  },
  {
    "id": 101,
    "sc": "The Purchaser must not sell, transfer, assign, mortgage or otherwise encumber or in any other way whatsoever deal with its interest in the Land, the Property or any of the Purchaser’s rights or interest in, to or under this Contract until 31 days after the Settlement Date without the Vendor’s prior written consent which may be refused or given on conditions including the requirement that the Purchaser and the transferee, assignee, mortgagee or other relevant beneficiary enter into a deed with the Vendor conferring on the Vendor like rights as set out in this Special Condition.",
    "advice": "The Purchaser cannot resell the Property until 31 days after Settlement without the Vendor’s prior written consent."
  },
  {
    "id": 102,
    "sc": "The Purchaser acknowledges and agrees that the Development may include Recreational Facilities for use by owners of Residential Apartments within the Development which may or may not be owned and operated by the Owners Corporation.",
    "advice": "The Purchaser acknowledges that the Development may include Recreational Facilities for use by the residents within the Development and operated by the Owners Corporation Managers."
  },
  {
    "id": 103,
    "sc": "The Vendor does not make any representations or give any assurances as to the:\r\nnature, type or configuration of the facilities which will be included as part of the Recreational Facilities;\r\nsize, location or proposed timing for delivery of the Recreational Facilities which may not be completed before the Settlement Date; or \r\nultimate ownership of the Recreational Facilities.",
    "advice": "The Vendor makes no representation as to the nature, type or configuration of the facilities, the size, location or timing of delivery of the Recreational Facilities."
  },
  {
    "id": 104,
    "sc": "The Vendor reserves the right to develop or refrain from developing or including in the Development the Recreational Facilities.",
    "advice": "The Vendor reserves the right in its absolute discretion to:\r\ndevelop or to refrain from developing or including in the Development the Recreational Facilities; \r\n grant management rights in relation to all or part of the Recreational Facilities; and \r\nretain ownership of whole or part of the Recreational Facilities and grant a lease to a third party for the exclusive right to operate those facilities."
  },
  {
    "id": 105,
    "sc": "The Purchaser acknowledges that:\r\na conventional clothes dryer must not be installed; and \r\nonly a condenser clothes dryer may be installed. \r\nThe Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.",
    "advice": "The Purchaser acknowledges that a conventional clothes dryer must not be installed and only a condenser clothes dryer may be installed"
  },
  {
    "id": 106,
    "sc": "The Purchaser acknowledges that lifestyle imagery or views in the Vendor's marketing materials may be different or not available at or from the completed Building and/or the Development due to: development of areas surrounding or near the Site; changes to the Plan of Subdivision, Building Plans or Specifications; or\ras a result of any other act, matter or thing.\rThe Purchaser is not entitled to exercise any Excluded Rights as a result of the matters set out in this Special Condition.",
    "advice": "The Purchaser acknowledges that lifestyle imagery or views in the Vendor's marketing materials may be different or not available at or from the completed Building and/or the Development."
  },
  {
    "id": 107,
    "sc": "The definition of Defects Rectification Period is amended to read “means the period of one months from the date of settlement”.",
    "advice": "The definition of Defects Rectification Period is amended to read “means the period of one months from the date of settlement”."
  },
  {
    "id": 108,
    "sc": "The definition of Settlement is amended by deleting “four” and substituting “eight”.",
    "advice": "The Settlement Date is amended to 8 days after the Plan of Subdivision is registered."
  }
]