下周末准备参加悉尼一个house拍卖（36 Iona Avenue, North Rocks， Registered Plan: Lot 165，房子整体翻新过，看起来比较舒服），第一次看合同找出以下一些内容，不知道是否存在问题，在此请教大神们，分分伺候
Title Search部分：
FOLIO: 165/237572
# 大家都说要确保这个时间是最新的，那到底是看左边的SEARCH DATE还是右边的date？两者差距有点大
SEARCH DATE TIME EDITION NO DATE
3/2/2021 3:38 PM 10 4/10/2018
SECOND SCHEDULE (6 NOTIFICATIONS)
1RESERVATIONS AND CONDITIONS IN THE CROWN GRANT(S)
2K825648 COVENANT
3DP237572 RESTRICTION(S) ON THE USE OF LAND
4DP237007 EASEMENT TO DRAIN WATER AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM
5I352359 RESTRICTION(S) ON THE USE OF LAND
6AN757316 MORTGAGE TO MACQUARIE BANK LIMITED NOTATIONS
UNREGISTERED DEALINGS: NIL
关于easement，看附录图表貌似房子最前面有污水管道？如果理解正确的话，不知是否是个大问题？
还有，很多人都说要仔细研读section 32的special conditions部分，但我压根没找到special conditions字眼，只看到ANNEXURE TO AGREEMENT FOR SALE OF LAND一栏，下面有类似以下内容。不知道这是不是就是所谓的Special conditions？是否存在问题？
1.NO WARRANTY ON FURNISHINGS AND CHATTELS
The Purchaser hereby acknowledges that any furnishings and chattels included in this sale are used goods and are sold without any warranty as to condition and fitness and the Vendor shall not be liable for any fair wear and tear of any such furnishings and chattels as from the date of this Agreement.
2.PROPERTY AND IMPROVEMENTS
The Purchaser hereby acknowledges that the Purchaser has purchased the property and the improvements thereon in their present physical condition and state of repair and the Purchaser hereby agrees not to make any objections, requisitions or claim for compensation with respect to the physical condition and state of repair of the property and/or such improvements.
3.DISCHARGE OF MORTGAGE
The Purchaser hereby agrees not to require the Vendor to register prior to completion a Discharge of any Mortgage or Withdrawal of Caveat and the Purchaser hereby agrees to accept upon completion a registrable form of Discharge of Mortgage and/or any Withdrawal of Caveat together with the registration fees thereon.
4.DEATH/MENTAL ILLNESS/BANKRUPTCY
省略
5.NOTICE TO COMPLETE
In the event that this Contract is not completed on or before the Completion Date, either patty will be entitled to issue a Notice to Complete fixing a time for completion which time shall be of the essence of this Contract and such Notice shall be deemed to be sufficient as to time if a period of not less than fourteen (14) days from the date of service of such Notice is allowed for completion.
6.SERVICE OF NOTICES
For the purposes of the service of any notice, letter, document or plan which is required to be so served pursuant to this Contract, where such notice is served by security post, delivery post or by Document Exchange, such notice shall be deemed to have been served on the date which is two days after the date of such posting or Document Exchange delivery provided further that if such notice is served by facsimile then such notice shall be deemed to have been served on the date which such facsimile is transmitted to the patty required to be served.
7.LIQUIDATED DAMAGES
If completion does not occur on or before the completion date as a result of any breach or default of the purchaser, the vendor being ready willing and able to complete, is entitled to recover from the purchaser, in addition to all and any rights and claims, as liquidated dainages payable on completion:-
a.An ainount equal to ten per cent (10%) per annum calculated on a daily basis on the balance of the price from and including the due date for completion to the actual date of completion;
b.The sum of two hundred and fifty dollars ($250.00) to cover the legal costs incurred as a consequence of issuing a Notice to Complete and served on the purchaser; and
c.The sum of seventy dollars ($70.00) for each aborted settlement being the costs incurred by the vendor as a result of such aborted settlement;
These sums are agreed as genuine pre-estimates of the additional expenses that will be incurred by the vendor as a result of the purchaser's default and will be allowed on completion by the purchaser and is an essential term of the contract.
8.RELEASE OF DEPOSIT
It is hereby expressly agreed that the Purchaser will raise no objection to the deposit moneys referred to herein being released on exchange of contracts for the purpose of the Vendor's purchase of another property and/or for the payment of stamp duty payable on the purchase contract. It is agreed that such deposit moneys shall be held in a Solicitor's or Real Estate Agent's Trust Account pending completion of this Contract.
9.COMPLETION ADDRESS
For the purposes of clause 30 hereof the Vendor discloses that the completion shall be an electronic settlement and that the vendor will have their PEXA agent GlobalX Legal in Melbourne to complete the transaction.
10.AMENDMENTS
Clauses I to 29 of the standard Contract conditions are amended as follows:-
(a)Clause 7.1.1 is deleted
(b)Clause 8.1 is amended by deleting the words "on reasonable grounds"
(c)Clause 16.5 delete the words "plus another 20%of the fee"
(d)Clause 16.7 delete the words "cash (up to $2,000) or", Amend the word "settlement " read "Bank"
(e)Clause 16.8 is amended by replacing the words "settlement" with the word "bank" and replacing "$IO" with "$5"
(f)Clause 16.12 is deleted
11.REQUISITIONS
The purchaser acknowledges that the only form of general requisitions on title that the purchaser is entitled to raise pursuant with clause 5 should be in the form of requisitions on title issued by the law Society of New South Wales, a copy of which is annexed hereto.
12.INDEMNITY BY PURCHASER RE COMMISSION BY OTHER AGENTS
The Purchaser warrants to the Vendor that it was not introduced to the property by any agent other than the agent referred to herein. The Purchaser agrees to indemnify and keep indemnified the Vendor against any claim for commission by any agent other than the agent referred to herein arising out of breach of this warranty. This condition
shall not merge on completion. The vendor warrants that the vendor has not entered into a contract with any other Real Estate Agent for the sale of this property.
13.TITLE
The Purchaser shall take title subject to the existing water, gas, electricity installations and services, if any, and no objection shall be taken and so requisitions made by the purchaser in respect of such installations and services on the ground that any connections are made through other properties and that no right or easement in respect of such installations and services exist or that any rights or easement cannot be obtained or in respect of any defects in such installations and service or on the ground that any water or main or any underground or surface pass through or under the subject land.
14.FOREIGN ACQUISITIONS AND TAKEOVER ACT 1975
略
15.VENDOR DISCLOSURE
The vendor discloses that the whole dwelling was renovated by a registered builder and the front entry and room is an addition the vendor discloses that a Final Occupation Certificate is issued for those works and is attached to the contract.
If there is no Pool Certificate of Compliance attached to the contract the house is sold with the pool being non-compliant and the purchaser is to make their own enquires as to compliance of the pool. The purchaser can make no objection if the vendor does not obtain a Pool Certificate of Compliance.
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easement附录图片
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没请律师?
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律师呢?
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找律师看吧 这个钱该花的
上的再有经验也不如律师
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请教，没有律师能过户吗？
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正在找律师中，不过怕律师不靠谱，所以还是要在这里先咨询下
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可不用律师，但要有过户师Conveyancer
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自己看是对 但过户师也不能缺的
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如果担心律师不靠谱，那就看拍卖吧，如果有三个以上的人出价，你就跟着抢吧。一般没太大问题。
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左边的search date是房东卖方前准备合同时候的查询时间。右边的时间应该是建房的时间，2018年的近新房？这些都应该是卖家律师做的，应该没有什么问题。
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如果没看错的话，easement应该是165 lot那块地上沿着fence地界的那段，跟其他地块比一下就能看出来。可能要看一下现在房子盖的位置，应该都已经避开了的。如果是近新房的话，估计你十年内也不会重建，所以对居住应该是没啥影响。但是跟邻居同样的地比起来，地价可能因此要便宜一点。
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游泳池要看一下具体哪里不符，建筑有OC最好要求一下建筑保险文件，后面还有具体土地使用限制，那个easement... 仁者见仁了。如是我买，不会考虑，直接pass掉。
其他短信你了。
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找律师看合同，如果是老房子联系中介安排时间找专门做inspection的人看房子，人家会给你出一份报告，然后告诉你这个房子有哪些缺点以后买了会在那些地方花钱，之前买房子做个好几个一个大概是500左右.特别是house发现有问题不用买，万一买了发现问题修就不是小数目了.
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除了easement, title上貌似还有两个RESTRICTION(S) ON THE USE OF LAND， 和一个covenent。这个就得找律师在附件中仔细查一下具体是什么。
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2K825648 COVENANT
这个在title search后面会有一个附件，研究清楚到底是什么covenant。
4DP237007 EASEMENT
这个easement是lot165侧边的一条管线，十有八九是给后院邻居排雨水用的。
剩下的不用管。
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今天没分了，迟些补上
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感谢回复。请问能具体点说说这几点吗（为何看建筑保险文件，有土地使用限制一般意味着什么，还有您直接pass掉这个house最大原因。目前卖家估计起拍价在160万左右）？不是很懂。
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第15点写着The vendor discloses that the whole dwelling was renovated by a registered builder and the front entry and room is an addition the vendor discloses that a Final Occupation Certificate is issued for those works and is attached to the contract.
OC那里写着Final Occupation Certificate
Occupation Certificate No: 2012/2139 Approval Date: 12/07/2012
Complying Development No: 2011/1353 Approval Date: 17/01/2012
Council: Applicant/Owner Details Baulkham Hills Shire Est Cost. : $68,500.00
这个是不是代表该房子加建了房子前面部分和一些房间，但这些加建的部分并没有获取到新的OC许可（因为OC证批准时间是2012年的）？
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补充 RESTRICTION ON THE USE OF LAND
PURSUANT TO SECTiON 88E {3),
Except with the prior approval of the Prescribed Authority no building or other improvements shall be erected over the part of the land described in D.P. 237572 as "EASEMENT TO PR/\IN WATER 8 FT, WIDE AS CREATED BX P,P, 237007" as is within Lot 165 in Deposited Plan 237572 ("easement for drainage")
2.The Prescribed Authority permits any improvements standing at the date of this instrument to remain upon the easement for drainage upon condition that the Prescribed Authority is not liable, in the absence of negligence on the part of itself, its servants agents or contractors, tor any damage caused to those .improvements.
3.The Prescribed Authority acknowledges that: the likelihood of tho necessity for work to be performed by or on its behalf within the site of the easement for drainage arising in the ordinary course is minimal and that this instrument was
created as a pre-condition to the Prescribed Authority issuing a Building Certificate under Section 317AE of the Local Government Act, 1919 in respect of improvements erected in or before 1983
这个是不是说因为污水管道的存在，今后不允许重建或者装修房子？
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虽然楼上有人劝了，我还是再劝一次，找个好律师，比你问来问去靠谱，里面绝大多数也是买房子看合同多了从律师那里听个一知半解来给你解释。你如果觉得目前律师不靠谱，换个靠谱的，没拿到房屋报告，记得下次找人做，这次你就放弃好了，因为归根结底你没有准备好，如果凑活着硬上，一旦有问题后面十年会是你家庭过不去的一道坎
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这都是该你律师帮你看的吧。而且你要拍卖，还要个property inspection report吧里面包括pest inspection的。拍卖一下子就10%。
好多时候你自己研究估计啥都不能买了。因为毕竟不是专业。
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