ADIS Code - G
An agreement for sale sets out the terms of a proposed sale of land. An agreement for sale is not an actual conveyance of land.
Stamp duty - Required. If not marked, Registration insisted upon is prohibited.
Any alteration to the consideration must be marked.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - General Register - Deed/Instrument
(C) Locality - Required in all instances. The situation of the land.
Link Conveyance - For the Old System land affected.
Principal Deed - Not required.
(D) Indexing - The vendor and the purchaser.
(E) Certification - Required.
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the vendor and the purchaser are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby agrees ...".
Locality: required. The situation of the land.
Land Description: required. Determine if the affected land is Old System or other (see IPF). Where Old System land is affected it must be described by reference to:
- a metes and bounds description
- another registered instrument
- a plan attached
- a Government Gazette notice or
- a lot or parcel in a subdivision.
Link Conveyance: required if Old System land is affected. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Execution: by the vendor or the purchaser. A power of attorney must be registered.
As there is often a separate original agreement for each party, execution by the vendor or purchaser only is acceptable.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
Locality: required in all cases. The situation of the land.
Link Conveyance: required if Old System land is affected. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: nil.
Noting: "Agreement for sale of land affecting [land description/Torrens Title land]".
If Old System land is affected and:
- an interest, state: "interest in" (or Noting Code: "I")
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the vendor, deceased estates or trusts, and any variations thereof.
P: the purchaser, deceased estates or trusts, and any variations thereof