The Bailiff agrees to sell and the Purchaser agrees to buy the property described
below under the terms of contract.

PARTICULARS OF PROPERTY SOLD

Address:

Description:

County:

Parish.

Title Reference:

Name of Registered Proprietors:

Land is sold as Freehold .

Registered Easements:

Registered Mortgage or Registered Encumbrance/s

Local Government:

Improvements included in sale: ----Nil

Other Chattels included in sale:--- Nil

PURCHASE PRICE.-------------$

DEPOSIT:------------------------$ ----payable when the Purchase signs this contract.

BALANCE: ----------------------$-- - payable within 2 business days of the Auction
(see Clause 9)

DEPOSIT HOLDER: ---------- -------The Bailiff of the Magistrates Court at

_____________________________Page Break_______________________________
2.

PARTIES TO THIS CONTRACT

The Bailiff of the Magistrates Court at...............in execution of Enforcement Warrant -------No:

Address of Bailiff.............................................C/- Magistrates Court......................

Full name of Purchaser:

Address of Purchaser:

Solicitors for Purchasers:

CONDITIONS OF SALE

Sale Under Warrant
This sale is made by the Bailiff of the Magistrates Court at in execution of
Enforcement Warrant No:

(a) issued on------------------- and

(b) lodged in the Land Titles Office on ......

of all title or interest that the Bailiff has authority to sell under the Enforcement Warrant in -the property described above and held in the name of the judgment debtor as registered proprietor.

Bailiff's Warranty
The Bailiff warrants that the Bailiff does not, at the date of auction, know of any defect in -----the Bailiffs authority to sell. However, in the event of breach of this warranty the --------------Purchaser's Entitlement to damages shall be limited to the Purchaser's costs and expenses -----incurred or thrown away by reason of the abortive sale and the Purchaser shall in no ----------event by entitled to damaged for loss of bargain.

Purchaser: ............ ......................... ....... Witness

Bailiff ...................................................... Witness

_________________________________________Page Break________________________________-------

-----------------------------------------------------------3.

Exclusion of All other Warranties

All other warranties which might be applied in the sale are hereby excluded. The --------------property is sold "as is" and at the Purchasers risk. Purchasers must make their own -----------enquiries on all matters affecting the property and make them prior to sale. The sale is --------not conditional upon the outcome of any enquiry by the Purchaser. Without limiting the ------foregoing

(a) ---- the Bailiff does not warrant the Bailiffs title to sell.'

(b)-----the Bailiff does not warrant the Purchaser against eviction,

(c)-----the Bailiff does not warrant the area or description or any other
--------particular stated above now the accuracy of any survey plan nor give any
--------warranty as to the location of the fences (if any) or the boundaries of the
--------land or as to the location of any improvement (if any) erected on the land
--------or adjoining land or as to access to the land.,

(d)-----the Bailiff does not warrant the nature or details of the tenancies (if any)
--------effecting the property nor the state of occupation of the property either
--------at the time of auction nor at the time of completion.'

(e)----- the Bailiff does not warrant that the property is free from encumbrances
---------or easements of any description or free from present or future liability for
---------unpaid rates or taxes or levies or penalties or payments of whatever
---------description;

(f) -----the Bailiff does not warrant the absence of notices or restraining orders or
--------road works or resumptions issued or required by any competent authority
--------nor the absence of proceedings instituted or other action taken whereby
--------the interest of a registered proprietor of the property might be rendered
--------liable to forfeiture or encumbered or charged or otherwise adversely affected;

-(g)----the Bailiff does not warrant that consents, permission or approvals required from
--------the relevant Local Government or any other body having jurisdiction over the ( -- )property or ( -- )-
--------the use-or occupation of the property or over the construction, use ( -- ) or occupation of the
------ -improvements
--------(if any)-on the land have been applied for ( -- ) or obtained if obtained -complied with (-- )-in all or any
--------respects;

(h)----- the Bailiff does not warrant that the use of occupation of the property is lawful
--------either for residential purposes or other purposes.'

(i)------ the Bailiff does not warrant that the property is suitable for use or occupation
---------for residential purposes or for any other purpose;

(j) ------the Bailiff does not warrant that vacant possession shall be available at the time -----------of completion,

Purchaser: ............................ ...........................Witness ...................................

Bailiff.. ------------------------------------------Witness....................................
_______________________________________Page Break______________________________
-------------------------------------------------------- 4.

No Representations
The Bailiff does not make any representation, not amounting to a warranty, in respect of -----any of the matters set out in the preceding clause. The Purchaser shall not be entitled to ----rely on any statement or representation made by the Bailiff or any person on the Bailiffs -----behalf, whether oral or in writing as to the event or quality of the property or as to any -------of the matters set out in the preceding clause.No Requisitions
The Purchaser shall not be entitled to deliver any requisitions or enquiries of any -------------description in respect of the property.

Registered Encumbrances Or Easements
If the property is subject to any easement (registered or unregistered) or any registered-Mortgage or encumbrance or other interest protected by caveat and entitled to be -protected by caveat, the property is sold subject to that easement and that registered ---------mortgage encumbrance or interest. Nothing in this clause shall be read as a-representation or warranty that the property is not subject by law or in equity to mortgages, charges, encumbrances or interest of any other description.

Passing of Risk
The property shall be at risk of the Purchaser from the fall of the hammTime Of The Essence
Time shall be of the essence of this contract.Completion
The Purchaser shall pay the balance of the purchase monies by cash or bank cheque To ------the Bailiff or as the Bailiff shall direct at the Registry of the Magistrates Court at , at or -----before 4.00pm on that date which is two business day after the auction, in exchange for ------a transfer of the property (to be prepared by the Purchaser and at the Purchaser's ------------expense) duly executed by the Registrar (or deputy) of the Magistrates Court at............. .......................................

Purchaser ................................................. Witness ....................................................

Bailiff .........................................................Witness ....................................................

 

_____________________________________Page Break___________________________________
----------------------------------------------------- 5.

Registration Shall Be At The Risk Of The Purchaser
Registration of the transfer delivered to the Purchaser shall be the responsibility of the -------Purchaser and at the Purchaser's risk.

Caveats Or Unregistered Dealings
Without limited the generality of the preceding clause, it is a further condition of this sale -------that the Purchase shall not be entitled to refuse to complete nor to terminate this --------------contract nor to any damages or compensation whatsoever by reason of the existence or -------lodgement of registration in the Department of Natural Resources of any caveat or ------------other dealing affecting the property:
(a)----- regardless of whether such lodgement shall take place before or after the
--------date of auction: and
(b)-----regardless of whether the existence of the caveat or other dealing was known
--------to the Bailiff or not and whether or not the existence of the caveat or other
--------dealing was ascertainable by search by the Bailiff or by the Purchaser at
--------or before the time of the auction; and
(c)----- regardless of whether the existence of the caveat or other dealing shall
--------either temporarily or permanently hinder or prevent the Purchaser from
--------obtaining registration of the transfer delivered to the Purchaser under
--------this contract.

SIGNED this------------------------- day--------------------------------- of 20

.
Bailiff------------------------------- Witness.........................................................

Purchaser--------------------------- Witness..........................................................

Deposit Holder..................................