Contract for sale

ADIS Code - G

A contract for sale usually contains a description of the land being sold, the consideration, and any terms and/or conditions attached to the sale.

Registration of a contract for sale serves to place the contract on public record; it is not a conveyance of land.

See Withdrawal or termination of a contract for sale page.

Lodgment requirements

Stamp duty - Required.  Marking as regards Vendors Duty is also 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.

Document requirements

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. 

Locality:  required.  The situation of the land. If Torrens Title land is affected, inform the lodging party of the effect of registration compared to a caveat lodged under the Real Property Act 1900.

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.

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 either the vendor or purchaser 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

If the contract for sale affects Torrens Title land, inform the lodging party of the effect of registration compared to a caveat lodged under the Real Property Act 1900.

CA    Not required

Noting  Required where the agreement for sale affects part of the land, an interest/share, includes a plan, or Torrens Title land.

Indexing

Locality:  required.  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:  "Contract for sale affecting [description of the 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").

If Real Property Act land is affected, state "Affects RPA land".

V:  the vendor, deceased estates or trusts, and any variations thereof.

P:  the purchaser, deceased estates or trusts, and any variations thereof