Purchaser’s Caveat

This page aims to help you complete an electronic Purchaser’s Caveat dealing form. This form is a modified version of the Caveat that can assist you to record a Caveat to protect the interest of the purchaser where the purchaser has entered into a contract for sale with the registered proprietor. You may use the standard Caveat dealing form for the same purpose if preferred.

This caveat only prohibits the following actions:

  • The recording in the Register of any dealing other than a plan affecting the estate or interest claimed by the Caveator and
  • The recording in the Register of a Writ affecting the estate or interest claimed by the Caveator.

Where further actions are to be prohibited or qualifications are to be included pursuant to section 74H(5) Real Property Act 1900, or where additional fields or attachments are required, a Caveat dealing form should be lodged through an ELNO.
 
NOTE: A caveat affecting part of the land must be lodged in paper.

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their Client’s identity

  2. establish their Client’s right to deal with the land

  3. have a properly completed and executed Client Authorisation form and

  4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 74F Real Property Act 1900.

Stamp Duty – not required.

CoRD Holder Consent – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of a Purchaser’s Caveat.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Purchaser’s Caveat dealing form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Caveator’s Name
 
Enter the name of the caveator, being the purchaser(s).
 
Document

Create Document – Select Other Documents.

Select Purchaser’s Caveat.

Registered Proprietor Affected by this Caveat

Select the registered proprietor.

Caveator

Select the caveator, being the purchaser(s).

Date of Contract For Sale of Land

Enter the date of the contract for sale of land.

Address of Registered Proprietor

Enter the address of the registered proprietor.

Address for Caveator

Enter the address of the caveator.

Name for Service of Notices on the Caveator

Enter the name for the service of notices on the caveator.

Address for Service of Notices on the Caveator

Enter the address for service of notices on the caveator. The address must be an Australian postal address. A NSW DX box number may be added for parties with DX access. A Post Office box number is not acceptable. See section 74F(5)(viii) Real Property Act 1900.

Estate or Interest Claimed by Purchaser’s Caveat

Select the following:

  • Estate in Fee Simple

Claim Details by Purchaser’s Caveat
 
Select the following:

  • By virtue of Contract for Sale of Land

Action Prohibited by Purchaser’s Caveat

Select all of the following actions:

1. The recording in the Register of any dealing other than a plan affecting the estate or interest claimed by the Caveator;

7. The recording in the Register of a Writ affecting the estate or interest claimed by the Caveator.

Caveat Statements

Select all of the following statements:

The Caveator, to the best of the knowledge of the Subscriber identified in the execution of this Caveat document, has a good and valid claim to the estate or interest claimed as specified in this Caveat;

This Caveat, to the best of the knowledge of the Subscriber identified in the execution of this Caveat document, does not require the leave of the Supreme Court;

This Caveat, to the best of the knowledge of the Subscriber identified in the execution of this Caveat document, does not require the written consent of the Registered Proprietor Of Estate or possessory applicant (as applicable) for the purposes of section 74O Real Property Act 1900;

The Caveator, to the best of the knowledge of the Subscriber identified in the execution of this Caveat document, has provided the correct address of the Registered Proprietor as specified in this Caveat.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

The evidence that the Subscriber is required to retain to support a Purchaser’s Caveat dealing form may include:

  • Contract for the sale of land entered into by the purchaser.

Other forms of evidence may be acceptable and it is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

All NSW legislation can be accessed at www.legislation.nsw.gov.au