AUQLDREPS004 - ADL Distributed Special Conditions

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BLACK = Old Item/Clause  | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

25 Sep 2018

Deceased Estate Where No Grant of Probate

1.

The Parties acknowledge the registered proprietor/s being deceased, this Contract is subject to and conditional upon registration in the Department of Natural Resources and Mines - Queensland Land Titles Registry of a Transmission by Death of ownership of the Property in favour of the Seller, in accordance with the provisions of the registered proprietor's will, on or before the <<Enter Day of the Month Here>> day of <<Enter the Month Here>>, 20<<Enter the Year Here>>. The Seller must use its best endeavours to obtain registration of the Transmission by Death as soon as possible.

Local Government Approval of Plans

1.

This Contract is subject to and conditional upon the Buyer receiving written approval from the Local Government in accordance with the Sustainable Planning Act 201609 for the construction of <<Enter Details of Required Construction Here (refer to an Addendum if necessary)>> on the Property on conditions satisfactory to the Buyer ('Approval') within <<Enter Number of Days Here>> days of the Contract Date ('Approval Date').

11.

Should the application for Approval be granted by the local authority on conditions satisfactory to the Buyer, this Contract is further subject to no appeal being lodged with the planning and environment court under the Sustainable Planning Act 201609. Should such an appeal be lodged the Buyer may terminate this Contract or waive the benefit of this Clause.

All other Clauses of this Special Condition remain unchanged.

Prior Contract and Stamped Transfer

3.

The Seller undertakes to answer at the Seller's expense any requisitions which may be issued by the Registrar of Titles from the Department of Natural Resources and Water or Office of State Revenue in relation to the prior transfer and supporting documents.

All other Clauses of this Special Condition remain unchanged.

Prior Stamped Transfer

3.

The Seller undertakes to answer at the Seller's expense any requisitions which may be issued by the Registrar of Titles from the Department of Natural Resources and Water or Office of State Revenue in relation to the prior transfer and supporting documents.

All other Clauses of this Special Condition remain unchanged.

 

01 Jul 2018

Buyer's Early Possession

The parties agree early vacant possession of the property shall be given to the Buyer <<Enter the Number of Days Here>>  days prior to the date of Settlement subject to the provisions of Clause 243 of the terms and conditions.  Possession will not however be given unless or until the Buyer confirms it has completed and is satisfied with all searches with respect to the Property and will make no claim or objection with respect to the results of such searches.

Foreign Investment Review Board Approval

(1)

Clause 176 of the Terms and Conditions is deleted and in lieu thereof, this Special Condition is inserted.

Prior Contract & Stamped Transfer

(2)

In addition to documents required to be delivered in accordance with Clause 121.3 of the Contract, the Seller will deliver to the Buyer at Settlement, an executed prior stamped transfer capable of immediate registration, free from other than notified Encumbrances in favour of the Seller, which prior transfer will enable the Seller to become registered as proprietor of the Property.

Prior Stamped Transfer

(2)

In addition to documents required to be delivered in accordance with Clause 121.3 of the Contract, the Seller will deliver to the Buyer at Settlement, an executed prior stamped transfer capable of immediate registration, free from other than notified Encumbrances in favour of the Seller, which prior transfer will enable the Seller to become registered as proprietor of the Property.

Seller's Possession After Settlement (No Rental Charged)

Notwithstanding the provisions of Clause 121.3(10) of the terms and conditions:

All other Clauses of this Special Condition remain unchanged.

Seller's Possession After Settlement (Rental Charged)

Notwithstanding the provisions of Clause 121.3(10) of the terms and conditions:

All other Clauses of this Special Condition remain unchanged.

Show Cause Notice issued in respect of a Non-Shared Regulated Pool

With respect to the Non-Shared Regulated Pool the parties acknowledge, as at the date of the Contract, there is a Show Cause Notice under Section 246AG of the Building Act 1975, in respect thereof, and notwithstanding the provisions of Clause 232(2) as it relates to Section 246AG, the Seller undertakes to, prior to the Date of Settlement:

All other components of this Special Condition remain unchanged.