Brisbane purchase, equivalent of a "Section 32"?

[jerrybee]

When I bought in Melbourne I received a Section 32 document, and I'm looking to buy a place in Brisbane now (auction in a few weeks) and the contract I've been given looks incredibly light in comparison. It looks like a standard legal template with a few fields filled out here and there, but otherwise there's little in the way of real information (being sold via LJ Hooker btw).

Can I ask for a much more detailed "Section 32" equivalent, whatever that is in QLD (assuming an equivalent document exists?)? Can someone point me towards what it's called?

 

[marg4000]

No such equivalent. Totally a case of buyer beware.

In Qld it is up to you to do any searches or inspections (pest, building) you deem necessary prior to the auction as you will be signing an unconditional contract. You may also want to do some council searches. BTW, in Qld it is necessary to use a solicitor for the legals (or a conveyancing organisation which will have a solicitor associated with them).
Marg

 

[jerrybee]

No such equivalent. Totally a case of buyer beware.

In Qld it is up to you to do any searches or inspections (pest, building) you deem necessary prior to the auction as you will be signing an unconditional contract. You may also want to do some council searches. BTW, in Qld it is necessary to use a solicitor for the legals (or a conveyancing organisation which will have a solicitor associated with them).
Marg

If I think that everything looks in order or if I want to take the risk, can I engage them after? Or am I legally required to engage one before I go to auction?

 

[Tim86]

If I think that everything looks in order or if I want to take the risk, can I engage them after? Or am I legally required to engage one before I go to auction?

You are not legally required to do a pest and building inspectiong before buying a property. I'd imagine you could do one after signing the contract, but you wouldn't be able to use a bad building and pest to be able to get out of the contract.

I'm not too sure about what marg said about needing to use a conveyancer. I've purchased 4 properties in qld self acting with no solicitor.

 

[willair]

You are not legally required to do a pest and building inspectiong before buying a property. I'd imagine you could do one after signing the contract, but you wouldn't be able to use a bad building and pest to be able to get out of the contract.

I'm not too sure about what marg said about needing to use a conveyancer. I've purchased 4 properties in qld self acting with no solicitor.

Just from the sidelines,do you have a Legal person within your family network with all the random gunslinger vendors that are out there how many searches did you do? and did the cost saving work out better in the end over time,i have only ever done them myself on vacant land in the country..

 

[marg4000]

You can always act for yourself, but Qld does not have independent conveyancers as some other states do. A solicitor must be involved if engaging legal assistance.

You can take the risk if you want, but most auction contracts are unconditional so once you have signed you are committed to the purchase regardless of what you find out afterwards.
Marg

 

[TMNT]

No such equivalent. Totally a case of buyer beware.

In Qld it is up to you to do any searches or inspections (pest, building) you deem necessary prior to the auction as you will be signing an unconditional contract. You may also want to do some council searches. BTW, in Qld it is necessary to use a solicitor for the legals (or a conveyancing organisation which will have a solicitor associated with them).
Marg

Interesting, so if you buy a Property with cash unconditional contract and when your solicitor does the searches and it comes up not clean, what happens then?

Do you get to terminate or take off any outstanding debt value?

 

[cu@thetop]

Interesting, so if you buy a Property with cash unconditional contract and when your solicitor does the searches and it comes up not clean, what happens then?

Do you get to terminate or take off any outstanding debt value?

Only if the searches show up an encumbrance or other issue (contaminated land etc) that wasn't disclosed.

Buyer beware.

 

[strongy1986]

If you are going to buy something do yourself a favour and get on RP data, pay your 15 bucks and do a title search on the property

You will need the lot number ( get this from re agent)

Then you can go into the contract with a bit more confidence

 

[RPI]

Attached is a list of searches and comments on rights (if any)

 

[jerrybee]

The house I'm looking to buy is basically for the land. I couldn't care less if it was ridden with termites (ok well I would to a certain extent but you get my point!). On this basis what sorts of checks would you guys recommend? Someone mentioned contamination...that's the sort of stuff I'm interested in (again as I'm only looking at the land). Any other suggestions?

 

[Steel Concrete]

Land risk

If I were you, in Brisbane I would also consider checking the physical risk associated with the site from:

River / creek flooding / Overland flow flooding
Slope instability and aged retaining walls / structures
Reactive clays causing heave / subsidence
Contaminated land
Incorrect boundary layout and construction over boundary
Previous mine workings (can render property unusable / unsellable)
Easements - storm, power, access etc.
Proximity to undesirables -eg meat works(Q Fever), coal dust carrying train lines, car tunnel vent gases etc..
Adjacencies, Access, Neighbours, etc.

SC

 

[Qlds007]

I think you will find Darryl has outlined all the suggested searches you should consider when buying in Qld.

He is too modest to tell you but he also runs HUI Lawyers and if you are buying in Qld you wont find a legal firm more on the ball.