Clauses Made Simple


Clauses Made Simple

An extensive rundown of conditions for residentional House, land, townhouse and unit contracts. Counting off the arrangement and body corporate matters.  Watch the Interview with Rob Balanda

This production is a fantastic asset and an “unquestionable requirement have” in the tool kit for each property proficient. I profoundly prescribe it to all business dealers, land operators and specialists.

Beam Milton – Past President REIQ

Rob Balanda and his donors are to be praised on this new release of “Statements Made Simple“. It is both a simple read and an exceptionally helpful aide.

The Introduction to the book says that the provisos are from “genuine deals” and that the book was intended for use by “individuals in the field”. A brief audit of the record affirms both of these focuses.

Attorneys require great point of reference provisos and this current book’s quality is that it visits and manages an enormous scope of exchanges and conceivable situations. It offers superior to anything Rob Balanda self deprecatingly says at a few focuses “a great beginning stage” – this book offers in many instances, arrangements.

The notes to the statements are painstakingly made, direct and vital practice guides. What I believe is the book’s best blessing is that even an audit of the Index will undoubtedly help a provoking so as to bustle specialist enquiry and thought of matters that may not alwaysimmediately ring a bell.

It is consequently alone, a content to keep close.”

Tony Baldwin – Partner, Hopgood Ganim Lawyers Brisbane

“I began in land in the late 80’s and was blessed in that one of the first books I purchased was Rob’s first version of “Provisions Made Simple”. It is still a reference book for me today, despite the fact that it is currently a bit the worn out. I likewise purchased his second version and now utilize Rob as a standard visitor on my land radio appears. I am flabbergasted that somebody can make conditions sound fascinating while in the meantime clarifying the significance of the importance and effect of each proviso. This is an ‘absolute necessity have’ for anybody included in land. Well done Rob!”

Kevin Turner – Real Estate Talk

“So frequently while purchasing or offering a property, issues that appear to be inconceivable can emerge that undermine to fall the arrangement, in some cases with desperate results for one or both sides. Yet, in ‘Statements Made Simple’, Rob Balanda draws on his abundance of experience as a legitimate expert to introduce an extensive list of agreement conditions to explore your way around or out of troublesome circumstances and keep you in control. An important asset, the sharp statements and savvy exhortation offered here expansion security and lessen the danger for those included in private and business land exchanges of various sorts.”

Eynas Brodie – Editor, Australian Property Investor magazine


Private Land, House and Unit Sales

Section 1

Seller Finance and Other Finance Matters

1. Dealer Finance – First Mortgage

2. Dealer Finance – Second Mortgage

3. Abbreviated Finance Clause

4. Subject to Seller Obtaining Finance Approval to Purchase Another Property

5. Subject to reimbursement of advance monies to the Buyer

6. Dealer to finance Purchaser’s credit reimbursements

7. Appropriation of Buyers others costs

8. Money – proof you connected for it

Part 2

Stores and Commission

1. Installment of Deposit by Installments

2. Installment of Deposit

3. Arrival of Deposit to Seller

4. Arrival of Deposit to Allow Seller to Purchase Another Property

5. Assent Caveat

6. Ensure That Property Not Encumbered

7. Installment of Deposit Into Interest Bearing Account

8. Equalization Purchase Price Paid by Lodgment of Guarantee

9. Ensure that Sale Not Caught by Sole Agency

10. Store Paid by Bank Guarantee to the Seller

(No Money Held by Agent to Pay Commission)

11. Bank Guarantee set up of store

12. Arrangement of Agent proviso

13. Store Not Enough to Cover Agent’s Commission

14. Elective proviso 50

15. Ensure by Seller of Accuracy of Material Supplied by Agent

16. Exposure to Buyers in regards to precision of material supplied by dealer

Part 3

Ensures – Personal, Rental and Others

1. Executive’s Guarantee

2. Merchant Guarantee Rental Until Property Let

3. General Rental Guarantee

4. Surety of Authority to Sign

5. Money related Check of Company Providing Rental Guarantee

6. No Contract Until Provision of Directors Guarantees

Part 4

Gathering matters and Development Approvals

1. Subject to Outcome of Meeting with Council Officers and afterward Building


2. Access to Site for Preliminary Site Inspection

3. Incorporated Planning Act and Sustainable Planning Act

4. Subject to Local Authority Consent to Use

5. Subject to Council Approval of Plans

6. Subject to Re-Zoning

7. Reimbursement to Buyer for Costs of Plans and Town Planning Application

8. Exchange of the advantage of different works, arrangements, endorsements and different matters

to the Buyer

9. Advancement Approval

Section 5

Leases and Tenancies

1. Merchant to stay as inhabitant after settlement 82

2. Elective Clause

3. Purchaser to take ownership before fruition and after inhabitant abandons

4. Choice to take a Lease

5. Yearly lease and audits of rent

6. Tenure Agreement set up by settlement

7. Duplicate of Lease

8. Vender to stay under lock and key after settlement under License (and not Lease)

Part 6

House and Land Packages

Developer’s House and Land Package

Part 7

Offer of Unregistered Land

1. Offer of Vacant Unregistered Land

2. Subject to Registration – Alternative Clause

3. Offer of empty unregistered area contain on a Plan of Survey of five squares or less

Section 8

Deal by Deceased Estate

1. Deal by Executor Where Deceased Has Made a Will

2. Deal by Administrator (Where Deceased Dies Without a Will)

3. Subject to Registration of Record of Death

4. Variety of Clause “Subject to Registration of Record of Death”

Section 9

Assessment, Building Covenants and Building Maters

1. Ensure that House Constructed by a Registered Builder

2. House Constructed by Owner Builder

3. Assessment for Termites

4. Subject to Building Inspection

5. Assessment for Termites and Pests

6. Upkeep of Property

7. Upkeep of Appliances

8. Elective Clause

9. Condition of Property on settlement

10. Expanding on the terrains and improvement of the grounds

11. Assessment of the Property

12. Right to build a pool preceding settlement

13. Subject to Buyer fulfilling itself that it can construct five units on a square

14. Building Covenants

15. Vender to do building work

16. Vender to do building work before settlement and monies to be held

17. Notice issued under the Building Act

18. Conveyance of Council Approval Plans

Part 10


1. Synchronous Settlement Clause

2. A portion of Price to be Paid by Transfer of Car

Part 11

Contract Sales

1. Limit of Seller

2. Contracts, Caveats or Writs

3. Arrival of Mortgage

4. Terms of Contract

5. Property Purchased As Is

6. Botches, mistakes and study

7. Isolating Fences

8. Purchasers Enquires and Investigations

9. Whole Agreement

Part 12

Units and Body Corporate Matters

1. Inability to Operate Body Corporate

2. Vender to Provide Figures

3. Taking Possession of Unit Prior to Completion (Sale Off the Plan)

4. Utilization of Car Space

5. Select Use Rights

6. Standard of Construction and Fittings in a New Property

7. Authentication of Classification

8. Voting Rights of Developer in New Body Corporate

9. Deterioration Schedule for Taxation Purposes

10. Propelled Booking

11. Body Corporate Inspection Search

12. Security for Body Corporate Liability

12A. Substitute Clause for Security for Body Corporate Liability

13. Board of trustees Approval for Renovations

14. Endorsement of Family Pet

Section 13

Overviews, Soil Tests and Investigations

1. Due Diligence

2. Access to Site to Carry Out Tests and Investigations

3. Infringement

4. Overview and Inspection

5. Soil Test

6. Flooding

7. Right to lead a study however with constrained rights

8. Right to lead legitimate due ingenuity – however with contract not subject to it

9. Natural Check

10. Fire Safety

Section 14

Purchasing Units “Off the Plan”

1. Building imperfections

2. Extra works

3. Condition of Unit and Scheme

4. Extra Special Conditions for unit “at a bargain” contract

5. Representation on Views

6. A turn to insurance yourself with respect to the nature of the unit

Part 15

General Clauses

1. Work to be done before settlement

2. Subject to getting a Contract of Sale for another property

3. Subject to settlement of the offer of another property

4. Early settlement proviso

5. Portion contract

6. Offer of property where the merchant is not yet the enlisted proprietor

7. Subject to the Seller getting different contracts

8. Subject to another contract on the same property not continuing

9. Property Affected by Resumption

10. Producer’s Warranties

11. Offer to Purchase

12. Taking Possession Prior to Settlement

13. Specialists Approval

14. Cover Clean

15. Remote Investment Review Board Approval

16. Copy Copies of Contract

17. Right of Sellers to Make a Contract Unconditional on the off chance that they Secure a Better Offer (Alternative One)

18. Right of Sellers to Make a Contract Unconditional on the off chance that they Receive a Better Offer (Alternative Two)

19. Partner Condition

20. Classification Clause

21. Elective Confidentiality Clause

22. Subject to Outcome of Family Court Proceedings

23a. Subject to Purchaser Satisfying Itself Regarding the Terms of the Easement

23b. Access Easement

24. No-Representation Clause

25. Buyer buys the property “as seems to be”

26. Fitting the Security Screens and Vertical Blinds

27. Land Tax

28. Deal by Receiver

29. Installations and Fittings Sold “As Seems to be”

30. Confinement of Sellers Liability Where Seller is a Trust

31. Oil Traps and Septic Systems

32. Cleaning of House

33. Chosen one

34. Access by the Buyer for promoting available to be purchased or rental