By Lawyers For Lawyers
The most used most practical system for conducting all property transactions with letters and documents in sequence from instruction sheet to final account with relevant informative commentary on each relevant issue each step of the way.
The following preview is an excerpt from this publication's full guide.
Purchase now for access to the commentary and precedents included in this publication.
The contract commences, in the first panel, by setting out the essential agreement between the parties with the statement that “The vendor sells and the purchaser buys the property, being the land and the goods, for the price and on the conditions set out in this contract”. The modern word ‘goods’ has been adopted in preference to the word ‘chattels’.
Next, the contract spells out that its terms are contained in the particulars of sale, special conditions (if any), general conditions and the vendor’s statement. Importantly, it also says they are to have that order of priority, echoing general condition 10 of the old contract.
The general conditions are intended to be standard for all contracts of sale of land in Victoria. To this end, the vendor warrants, in general condition 2.1 that the general conditions are identical to those prescribed by the regulations, except to the extent of any amendment made by way of special condition. In this way parties are able to continue the common practice of adding special conditions where this is felt to be necessary, although it is worth mentioning that the general conditions in the 2008 contract address many of the matters which are dealt with in the more commonly encountered special conditions at present and it is felt that most contracts will not require special conditions at all.
The first panel on the front page goes on to say that the vendor’s statement required by s 32 Sale of Land Act is attached to and forms part of the contract. This is a bolder statement than the one made by the old contract, which is to the effect that the vendor’s statement is “included in” the contract, and adopts the approach taken in Jenkins v Visualeyes Pty Ltd  VSC 218.
It should be noted, though, that the vendor’s statement sits last in the hierarchy of priorities, and any contractual terms contained in it must give way to the general conditions and any special conditions.
Smokeball Terms & Conditions
Smokeball does not invite reliance upon, nor accept responsibility for, the information
Smokeball makes every effort to provide a high quality service. However, neither
Smokeball nor the providers of data on Smokeball, give any guarantees, undertakings
or warranties concerning the accuracy, completeness or up-to-date nature of the
Users should confirm information from another source if it is of sufficient importance
for them to do so.
Found a problem with this product, whether it be spelling, formatting or content, we'd love to hear from you!
Help us ensure that each guide is relevant, current and meets expectations of all users.
Open in iBooks
Check your email for download instructions.
If you do not see the e-mail please check Junk/Spam e-mail folders.
The eBook for this publication is not ready. You can help set our priorities for eBooks by informing us of your needs below.
Thankyou your request has been submitted.
The eBook for this publication is not available for your current access (expires ).
You can upgrade to a recurring subscription now for access to eBooks.
This Work is a precedent or guide prepared by the Author and is not legal advice.
The facts of each case will be different and Users must satisfy themselves that this Work is appropriate for the
particular case or circumstances for which they intend to use the Work. Neither the Author nor Smokeball is providing
legal advice nor do they warrant that this Work is entirely free of defects or fit for any specific purpose and neither
the Author nor Smokeball accept any liability for any errors or omissions in the Work and any loss or damages resulting
from or connected with the use of the Work. The Author and Smokeball recommend that Users be familiar with the applicable
laws and legal procedures relating to the use of the Work, or otherwise should seek legal advice, before using the Work.
Smokeball accepts no liability for the publication of the Work by the Author on the Smokeball System.
Links to Third Party Websites
Smokeball contains links to third party websites which are external to Smokeball. Smokeball makes no warranties and accepts
no liability for any links contained within Smokeball to third party internet sites; the content and/or the accuracy,
correctness, currency and/or reliability of such content therein; or any consequence of acting upon the contents of any website
which is not owned/operated by Smokeball. Smokeball does not endorse the content, or the use, of such websites, material or
content linked from or to this website. Users of links provided within Smokeball are responsible for being aware of which
organisation is hosting the website they visit. Views or recommendations provided in linked websites do not necessarily reflect
those of Smokeball.