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啥是section 32。
What is a Section 32 Statement?
Conveyancing
Also known as a Vendor's Statement, the Section 32 Statement is an important part of any real estate transaction. It is a legal document given by the seller of a property to the interested purchaser. The name is derived from Section 32 of the Sale of Land Act in Victoria. This government act requires a seller to provide specific information to a buyer about the property in question, before they sign the Contract of Sale.
The Vendor's Statement is usually prepared by the seller's conveyancer or solicitor. A seller may also choose to use a real estate agent to draft the Contract of Sale. These two documents are the most important on the seller's side of the conveyancing process. If you are in need of a real estate agent to help you complete your Contract of Sale or sell your home, you can register your details at sellmycastle.com.au to start comparing agent qualifications and find the right fit. A conveyancer or solicitor will be needed to draw up the Section 32 Statement, however.
The Purpose of a Vendor's Statement
This statement only goes by the name "section 32" in Victoria. It goes by different names in other States or Territories, because the statement will be applicable under a different act and section. However, despite the differences in name the Vendor's Statement will typically contain the same type of information. This includes information gleaned from title, road, and land tax searches as well as encumbrances. The purpose of the statement is to fully disclose all pertinent information to the buyer before the final contract is signed.
The vendor must provide a signed Section 32 Statement before the buyer signs their contract, or the buyer has the opportunity to pull out of the contract. This is the general rule, however there are always exceptions so the buyer should consult with their solicitor or conveyancer rather than assuming that they will be able to rescind the contract due to this technicality.
The Seller's Responsibilities
A seller will also want to use a conveyancer or solicitor to prepare the Section 32 Statement. Although it's possible to fill out this form on one's own, this is not recommended. The Vendor's Statement is a legal document which should correspondingly be prepared by a legal entity or qualified solicitor. You may not know all of the legal responsibilities associated with the preparation of this statement, which could harm you in the future or jeopardize your sale. If false or misleading information is included in the Section 32 Statement and it is determined that the vendor provided this knowingly or recklessly, they could be found guilty of a crime and fined.
The vendor or their legal representative must also sign the Section 32 Statement for it to be valid. The buyer will usually sign this form as well, but this is not legally required under the direction of the Sale of Land Act. Most selling agents will get buyers to sign the statement, however, because it can then be used as proof that the buyer received it before they signed the Contract of Sale. This may be useful should the issue arise during the conveyancing process.
What's next?
As you can see, the Section 32 Statement is an important part of the conveyancing process. Whether you are a buyer or seller, you will want to have your solicitor or conveyancer take a close look at this document. Sellers will also want their real estate agent to be involved in this document's preparation, particularly if they are also preparing the Contract of Sale. To find a local real estate agent qualified to handle these complex tasks, you'll want to compare your options carefully. There are over 5,300 agents currently registered at sellmycastle.com.au, making it a useful resource for sellers. Register now to start receiving agent proposals and finding the right fit.
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楼主: 周星星1832
楼主
发表于 22-4-2013 13:57:07
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