COI with PEXA

Bytherules Conveyancing
Confirmation of Instructions

We want to make this Property Transaction as easy as possible for you, but to get things right and protect your interests, we have to ask a few questions - in fact, quite a few questions! We'll try and keep them short and wherever possible you can just click on a choice.

if you have any questions, just give us a call - we're here to help. You can also hover over the QUESTION MARK next to many questions to get help.

TIP: At any time you can save the form and come back to it later. Just click on the "save and continue the form later" link at the bottom of each page.

So, let's get started...

Section 1: About You

Section S2: About the Property

Now tell us about the property

Foreign Residents Capital Gains Tax Withholding

A link to the form will be emailed to you separately

Section P2: Contract

In this section we will ask you about the contract

We will need to provide details of the Company to the Appropriate Government Department

Section P3: Finance

This Section is about the Property Finance

NOTE: if you do not have the finance details available you can leave this blank

Purchasing property often means transferring monies into our trust account.

In the event we hold an excess of funds that are not required to complete your settlement please provide your preferred bank account details for where you would like these excess funds to be deposited following settlement.

We will always call to verify these details with you prior to settlement as well.

IMPORTANT WARNING: Requests to change bank account details If you receive an email requesting that you change the previously provided bank details, or that our (bytherules) bank details have changed, please contact your conveyancer immediately. Do not act on the instruction until you have confirmed verbally with your conveyancer in person.

Section P4: The Property

In this section we will ask you about the property

Town Planning searches are generally used to determine whether the land is suitable for future development or whether an existing development or use of the land is lawful. The searches may be of limited use to you if you are not familiar with town planning laws and regulations. If current or future lawful use of the land is a factor for you when considering whether to proceed with the purchase, we strongly recommend that you engage a town planner to assist you with undertaking the relevant searches and advising you on the results as this falls outside our standard scope of services.

There are three options when conducting a Town Planning search:

1. Limited Town Planning Search (Estimate $250.00 - $500.00 depending on Council)

Town planning information (zoning, use, future use), summary of the provisions of planning scheme and regulatory provisions applying, any designations applying to the premises and information from infrastructure charges register. May show if the Property cannot be used as intended.

2. Standard Town Planning Search (Estimate $850.00 - $2,000.00 depending on Council)

As per limited town planning advice above plus copy of decision notices for current and declined development approvals and copy of infrastructure agreements. Generally only be relevant for future development or checking compliance of an existing development.

3. Full Town Planning Search (Estimate $3,000.00 - $6,000.00 depending on Council)

As per standard town planning advice above plus statement regarding fulfilment or non-fulfilment of any current development conditions, details of infrastructure agreements, advice of prosecutions for development offences. Council will be bound by the information provided in the certificate which can provide additional protection if you are considering future development.

Section P5: Improved Property

In this section we will ask you about the Building

You should arrange insurance IMMEDIATELY as you are liable from 5pm on the next business day following the signing the contract

Section S3: Real Estate Agency

In this section we will ask you about your Real Estate Agent. Any information you can provide here will help the process run more smoothly.

Section S4: Mortgage Details

In this section we will ask you about the Mortgage.

Section S5: Settlement Funds

Once the property has settled and all payments have been disbursed, we need to know where to send your balance, if any.

Please note that if settlement funds are received by way of bank cheques there will be a normal bank cheque clearance time of 2-3 business days.

Please supply your bank details below:

IMPORTANT WARNING: Requests to change bank account details If you receive an email requesting that you change the previously provided bank details, please contact your conveyancer. Do not act on the instruction until you have confirmed verbally with your conveyancer in person.

Section S5: General Information

in this section we will ask you questions aimed at making things go as smoothly as possible by collecting useful general information.

Section 5: Additional Contact Information

in this section we will ask you questions aimed at making things go as smoothly as possible by collecting useful contact information.

Section S6: The Property

In this section we'll find out if there anything else we need to know about the property that we may need to address to ensure everything runs smoothly?

Section S7: Improved Land

Please tell us about the dwelling

If you are selling or leasing a property with a pool or spa, you must get a pool safety certificate from a licenced pool safety inspector.
If you are selling a property with a pool, you must give the buyer:
a current swimming pool safety certificate before settlement
or
a Notice of No Pool Safety Certificate—Form 36 —before signing a contract—and provide a copy to the Queensland Building and Construction Commission. For shared pools, you must also provide a copy to the pool owner (e.g. the body corporate).

If you are selling a property in NSW with a pool or spa, you must get a pool compliance certificate from a licenced pool safety inspector.
We are unable to issue the contract without a current swimming pool compliance certificate attached

Section S8: Strata Property

You have indicated that this is a Strata property. Please complete the following information

That's the end of the general questions. You can use the PREVIOUS and NEXT buttons to review your answers if you wish.

We now have to ask you about Searches.

What are Searches ?

Searches are performed to help a buyer evaluate their purchase and identify legal, ownership or property issues. The results also provide peace of mind that the property is not subject to any current or known future plans or licences issued by government, or affected by inclusion on the registers such as heritage listing or environmental management.

Searches also determine whether there are any encumbrances over the title of the property that need to be addressed prior to settlement – such as mortgages, easements, covenants, caveats and any other agreements. If any of these are recorded against the title of a property, we will inform you of your rights and obligations.

Important: Some searches will take up to 2-3 weeks for a reply and if they are not received in time for you to exercise any rights you may have under the contract as a result of an adverse result, then you will lose the benefit of conducting them.

If your purchase does not proceed, the relevant authorities will not refund any search fee already paid.

Where possible we have indicated the approximate cost of each optional search. Please note however that the actual cost will be ascertained at the time of the enquiry as prices are subject to change.

Information:

Potential rights if search results are adverse include:

Recommendation:

Compulsory searches are NON OPTIONAL that we require to in order to properly advise you on the contract

Information:

Title Search: real property description, title reference, encumbrances, registered leases, location of land, caveats, lot entitlement, by-laws, details of progressive development of the scheme, administrative advices.
Land tax: whether the property is subject to Land Tax, if there are arrears and the amount of the arrears.
Council rates search: rates information
Water meter reading: allows for adjustment in accordance with the contract (particularly prevents liability for large water costs if leak has occurred or other high water usage).
Strata Searches: levy information, by-laws, lot entitlements, insurances

The following searches are available, mostly free of charge and online. These searches will not be undertaken by us however, we recommend that you take advantage of the free searches and conduct them for yourself.

Section 9: Authority to Act For You

I/We certify that I/We are the client or client agent and have the legal authority to instruct bytherules Conveyancing Pty Ltd in relation to the conveyancing transaction and that I/We have no notice of the revocation of my/our authority to act on behalf of the client.

I/We Authorise bytherules Conveyancing Pty Ltd to act on my/our behalf in the conveyance of the property detailed on this form.

I/We INSTRUCT bytherules Conveyancing Pty Ltd to act on my/our behalf, or where I/We are the client agent to act on behalf of the client, in accordance with the terms of this client authorisation and any participation rules and any prescribed requirements to:

(a) sign documents on my/our behalf as required for the conveyancing transaction(s); and

(b) submit or authorise submission of documents for lodgement with the relevant land registry; and

(c) authorise any financial settlement involved in the conveyancing transaction(s); and

(d) do anything else necessary to complete the conveyancing transaction(s).

I/We NOTE Your ADVICE and understand that you are not able to provide advice on the commercial viability or succession, matrimonial or financial consequences, or the tax implications of this sale or purchase.

I/We HEREBY AUTHORISE REQUEST AND DIRECT you to pay our professional costs (as quoted) and outlays paid and/or incurred from moneys held in your trust account or charge my/our Credit Card on my behalf.

I/WE ACKNOWLEDGE AND AGREE that any action being taken by you to recover any amount due and payable by us, any costs incurred by you in recovering such amount due (including without limitation any legal expenses on a solicitor/client basis, collection agency charges or any other reasonable associated costs) are payable by us to you and shall be recoverable by you as a separate debt.

I/We HEREBY APPOINT bytherules Conveyancing Pty Ltd to act as my/our agent for the purpose of paying any Government tax, fee or charge that is specified in the determination of the treasurer made pursuant to any lawfully gazetted taxation act.

I/We ARE AUTHORISED to make this declaration and state that the information contained herein is correct to the best of my knowledge and such information may be provided to any Government agency lawfully requiring such information.

I/We AUTHORISE bytherules Conveyancing Pty Ltd to prepare and lodge the GST property settlement withholding notification and GST property settlement date confirmation to the Commissioner of Taxation on my behalf. I declare that the information provided for the preparation of the document is true and correct. I am aware that bytherules Conveyancing Pty Ltd is a legal Firm but in this case is not providing tax agent or legal services other than conveyancing. I/WE am/are authorised to make this declaration and do so as per my signature below.

I/We ACKNOWLEDGE that bytherules Conveyancing Pty Ltd may enter into certain referral arrangements with third parties in the property transacting industry (such as insurers and utility providers) (Introducer Partners) from time to time. Among our Introducer Partners are the following companies:

• Stewart Title Limited; and
• Rapid Building Inspections Pty Ltd.
• Moving Hub Pty Ltd $5-$40 per referral + GST for electricity, natural gas, Broadband, and Foxtel, together with other referral fees for insurance. .

As part of these referral arrangements, you may receive a fee if I/We purchase a product or service from them.

I/We ACKNOWLEDGE that if we have been referred to you by another professional in the property transacting industry, (Business Partners), you may pay that Business Partner a referral fee upon successful settlement of my/our transaction. I/We note that we can contact you at any time to confirm whether a Business Partner referred us to you and if you were paid a referral fee.

I/WE ACKNOWLEDGE AND AGREE that by engaging bytherules Conveyancing Pty Ltd that:

• You may disclose to your Introducer Partners my/our name(s), telephone number(s), email address(es) and the type of transaction that I/we have engaged you for (including details of the property that I/we have purchased or sold and my/our settlement date; and
• Your Introducer Partners may contact me/us to discuss the professional service that they offer. There is no cost to me/us for this referral and there is no obligation to use any service offered by an Introducer Partner; and
• You may disclose to your Business Partners details about me/us and about various milestones concerning my/our transaction (such as completion of searches, the ordering, booking and satisfaction of building and pest inspections, contract exchange, updates on financing, contracts becoming unconditional, and the status, time and completion of settlement.

I/WE ACKNOWLEDGE AND AGREE that:

• an arrangement with Introducer and Business Partners has the potential to cause a conflict of interest (due to the perception that you may consider the interests of your Business or Introducer Partners in order to receive additional referrals) and that in the event of a conflict, I/we have a right to terminate the agreement and am able to choose an alternate conveyancing firm;
• I/we have the right to seek independent legal advice about the referral arrangements and any perceived conflict of interest; and
• if I/we engage with or have engaged with a Business Partner or an Introducer Partner, I/we accept that bytherules Conveyancing Pty Ltd is not liable for any loss suffered or incurred by me/us in anyway whatsoever as a result of the engagement.

I/We HEREBY AUTHORISE AND DIRECT you to forward to us the original stamped contract at the conclusion of this matter and that you will retain only electronic copies of the documents for a period of 7 years.

I/We HEREBY AUTHORISE AND DIRECT you to disclose my/our confidential information to the extent that you consider it appropriate for the purpose of completing or processing my/our matter, as described in your Privacy Policy or as required by law, including:

• third parties who provide services to you (who may be located overseas) including but not limited to Think Support Services Inc;
• any bank, broker or real estate agent associated with the transaction the State Revenue Office, Electronic Lodgment Network Operators and Land Registry Services; and
• any parties described in your Privacy Policy.

I/We HEREBY AUTHORISE you to record and transfer material relevant to my/our matter to your internal data bases for learning and knowledge purposes while making reasonable efforts to ensure that confidential information is neither disclosed outside the law practice nor otherwise used inconsistently with the above obligations. I/We further agree that data you receive from me/us which might include confidential information may be hosted by third party technology providers and accessed anywhere in the world by agents, contractors, employees and members of bytherules Conveyancing Pty Ltd.

I/We HEREBY AUTHORISE AND DIRECT you to obtain an extension on any occasion to protect my/our interest if I/we are not contactable at a time when a due date falls.

I/We HEREBY CONSENT to the delivery of invoices and notices by electronic means to the email address supplied in these instructions

Click HERE to view a full copy of the terms of your agreement herein to settle this matter electronically.

Outlays Deposit

The Outlays Deposit is paid into our Trust Account to cover the costs of any outlays, such as searches that we may incur on your behalf, or contract termination fees.

Any balance remaining in the account will be credited to your final invoice at settlement