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
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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
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-----------------------------------------------------------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....................................
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-------------------------------------------------------- 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
....................................................
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----------------------------------------------------- 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..................................