Form 2 Audit AUDIT – FORM 2 SELLER DISCLOSURE STATEMENT Step 1 of 5 20% Reference NumberPart 1 – Seller and Property DetailsSeller – Does the seller listed exactly match the title search and contractCorrectIncorrectNot ApplicableAction if incorrect •If incorrect because of a minor typographical error (including missing middle name), send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. •If incorrect because there is an entirely different entity listed (including if the capacity is incorrect i.e. individual instead of trustee) – UPLIFT. Note: If the property is being sold by the personal representative of a deceased estate and probate/transmission has not yet occurred, or the joint owner awaiting the record of death, then check the contract for a special condition to this effect. The Contract and SDS must be in the name of the personal representative/surviving joint owner (even though this does not currently match the title). Property address & lot and plan – Does the property address and lot and plan exactly match the title search and contractCorrectIncorrectNot ApplicableAction if incorrect • Send Template #1 to client for instructions, then if the client instructs send Template #2 to OS.CTS or BUGTA Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • Send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. Part 2 – Title details, encumbrances and residential tenancy or rooming accommodation agreementTitle details – Plan and title attachedCorrectIncorrectNot ApplicableAction if incorrect •If not ticked but searches are attached – Send Template #1 to client for instructions, then if the client instructs send Template #2 to OS.Check searches are attached to the Form 2CorrectIncorrectNot ApplicableAction if incorrect • If searches not attached – send template #9 for the client’s instructions, then send to the OS Template #3 if the client instructs to request rescission.Unregistered encumbrances – There are encumbrances not registered on the title that will continue after settlement Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • If incorrectly ticked “No”, Send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. • If ticked “Yes” and nothing is listed in unregistered lease, other unregistered agreement in writing, or unregistered oral agreement, send Template #6 to client for instructions, then UPLIFT. Note: It would be incorrectly marked as “No” if there is an unregistered lease, other unregistered agreement in writing, or unregistered oral agreement listed in the Form 2 or attached to the Form 2. Unregistered encumbrances – There are encumbrances not registered on the title that will continue after settlement Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • If incorrectly ticked “No”, Send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. • If ticked “Yes” and nothing is listed in unregistered lease, other unregistered agreement in writing, or unregistered oral agreement, send Template #6 to client for instructions, then UPLIFT. Note: It would be incorrectly marked as “No” if there is an unregistered lease, other unregistered agreement in writing, or unregistered oral agreement listed in the Form 2 or attached to the Form 2. Unregistered encumbrances – Unregistered lease Check if incorrectly marked or omittedCorrectIncorrectNot ApplicableAction if incorrect • Send Template #1 to client for instructions, then if the client instructs send Template #2 to OS.Note: The Tenancy Agreement does not need to be provided with the Form 2 – only prior to settlement.Unregistered encumbrances – Other unregistered agreement (in writing) Check “Yes” is marked if an agreement is attachedCorrectIncorrectNot ApplicableAction if incorrect • If an agreement is attached but “Yes” box not marked, send Template #1 to client for instructions, then if the client instructs send Template #2 to OSCheck a copy of the agreement has been provided if marked “Yes”CorrectIncorrectNot ApplicableAction if incorrect • If marked “Yes” but no agreement attached send #6. UPLIFT for review and any bespoke advice when the agreement is received.Unregistered encumbrances – Unregistered oral agreementCorrectIncorrectNot ApplicableAction if incorrect UPLIFT for review and any bespoke advice when this section of the Form 2 is completed. Statutory encumbrances Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • If not marked “Yes” or “No” – send template (Requesting instructions to order searches) marking BYD search and: o UPLIFT if a statutory encumbrance is revealed for bespoke advice; otherwise o Send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. Check details are included if box is marked “Yes”CorrectIncorrectNot ApplicableAction if incorrect • If marked “Yes” and no map/plan has been provided – send #6. UPLIFT for review and any bespoke advice when the map/plan is received. Use template (Requesting instructions to order searches – select BYD search) if client does not have a plan. Residential Tenancy or Rooming Accommodation Agreement Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • Send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. Part 3 – Land use, planning and environmentZoning Check zoning has been insertedCorrectIncorrectNot ApplicableAction if incorrect • If not completed, check zoning then send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. Transport Proposals and Resumptions Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • If no box is marked, send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. Check for positive answersCorrectIncorrectNot ApplicableAction if incorrect • If marked “Yes”– UPLIFT for review after ensuring we have a copy of the notice/search/order (use template #6 to request from client). Contamination and Environmental Protection Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • If no box is marked, send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. Check for positive answersCorrectIncorrectNot ApplicableAction if incorrect • If marked “Yes”– UPLIFT for review after ensuring we have a copy of the notice/search/order (use template #6 to request from client). Trees – Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • If no box is marked, send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. Check for positive answersCorrectIncorrectNot ApplicableAction if incorrect • If marked “Yes” – UPLIFT for review after ensuring we have a copy of the notice/search/order (use template #6 to request from client). Heritage – Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • If no box is marked, send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. Check for positive answersCorrectIncorrectNot ApplicableAction if incorrect • If marked “Yes”– UPLIFT for review after ensuring we have a copy of the notice/search/order (use template #6 to request from client). Part 4 – Buildings and StructuresSwimming Pool – Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • If incorrect check boxes marked – send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. Check relevant certificate is attachedCorrectIncorrectNot ApplicableAction if incorrect • If PSC or Notice of No PSC not attached when there is a pool – send template #9 for the client’s instructions, then send to the OS Template #3 if the client instructs to request rescission. Unlicensed building work under owner builder permit – Check whether there is a notice on the title relating to owner builder work If there is a notation, ensure:CorrectIncorrectNot ApplicableThe box on the Form 2 is ticked ‘Yes’A notice is attached to the contractThe notice is signed by the SellerThe notice is signed by the BuyerAction if incorrect • Send Template #4 to the client for instructions, then (following client’s instructions): o [For Option 1 in Template #4 email] – send Template #2 to OS to rectify Form 2 checkbox o [For Options 2 and 3 in Template #4 email] – send Template #5 to OS to request rescission Notices and Orders – Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • If no box is marked, send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. • If marked “Yes” to either question – UPLIFT for review after ensuring we have a copy of the notice/order (use template #6 to request from client). Part 5 – Rates and ServicesRates – Water – Check sections are completed and accurateCorrectIncorrectNot ApplicableAction if incorrect • If the amounts or dates are substantially inaccurate or blank, send Template #1 to the client for their information. No further action is necessary. Note: rates and water information is specified in the Regulation (s 10) as a matter that is not a material matter allowing termination by the Buyer. Part 6 – Community titles schemes and BUGTA schemesNote: this section is not required to be completed if the property is not in a CTS or BUGTA Scheme Body Corporate and Community Management Act 1997 – Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • Send Template #1 to client for instructions, then if the client instructs send Template #2 to OS.Community Management Statement – Check box has been marked “Yes”CorrectIncorrectNot ApplicableAction if incorrect • If box not marked “Yes”, send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. • If CMS not attached – send template #9 for the client’s instructions, then send to the OS Template #3 if the client instructs to request rescission. Body Corporate Certificate – CTS & BUGTA – Check correct box has been markedCorrectIncorrectNot ApplicableAction if incorrect • If incorrectly marked, Send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. Check Form 33 / 34 / Explanatory Statement is attachedCorrectIncorrectNot ApplicableAction if incorrect • If Form 33/34/Explanatory Statement is not attached when required or the wrong attachment is provided (i.e. a Form 33 for a Specified Two-lot scheme) – send template #9 for the client’s instructions, then send to the OS Template #3 if the client instructs to request rescission. Building Units and Group Titles Act 1980CorrectIncorrectNot ApplicableAction if incorrect • Send Template #1 to client for instructions, then if the client instructs send Template #2 to OS. ExecutionCheck it is signed by the Seller in the same name as in Part 1, or signed by their agentCorrectIncorrectNot ApplicableAction if incorrect • Send Template #7 to the client for instructions, then Template #8 to the OS if instructed by the client. Check the Seller/Agent signed before the Contract and before the Buyer signedCorrectIncorrectNot ApplicableAction if incorrect • Send Template #7 to the client for instructions, then Template #8 to the OS if instructed by the client Check it is signed by all Buyers and dated before the ContractCorrectIncorrectNot ApplicableAction if incorrect • Send Template #7 to the client for instructions, then Template #8 to the OS if instructed by the client If electronically signed, check the signing certificate is attached.CorrectIncorrectNot ApplicableAction if incorrect • Send Template #7 to the client for instructions, then Template #8 to the OS if instructed by the client Prescribed Certificates & Suggested SearchesCheck the prescribed certificates are attached (as applicable):CorrectIncorrectNot ApplicableTitle searchPlan of SurveyQBCC NoticePool Safety CertificateNotice of No Pool Safety CertificateNotices/Orders – Building Act, Planning Act, QCAT, Contaminated LandCMSBody Corporate Certificate / Explanatory StatementAction if incorrect • If prescribed certificate was not attached – send template #9 for the client’s instructions, order certificate if instructed, then send to the OS Template #3 if the client instructs to request rescission. Check the date of the prescribed certificate is valid (see search list for validity) Check it is for the correct property with the correct sellerCorrectIncorrectNot ApplicableAction if incorrect • If prescribed certificate is for the incorrect property – UPLIFT for advice. Check whether our suggested searches have been obtained:CorrectIncorrectNot ApplicableDepartment of Transport and Main Roads search;Contaminated Land searchBefore You Dig searchZoningAction if incorrect • If any suggested searches are not provided, send Template “Third Party – Requesting Instructions to Order Searches”, then: o If instructed – order the searches and check results. If the results do not match the Form 2, UPLIFT. o If instructed not to order searches – send Template “No additional searches required for SDS”