Form 32a - Byrnes Business Lawyers

THIS FORM MUST BE COMPLETED BY:
•
•
Any lawyer approached by a Buyer for advice or
assistance regarding the purchase of residential
property (not by auction).
PAMD Form 32a
This form is effective from 29 October 2001
A lawyer, before the 5 day cooling-off period can
be waived or cancelled (applying to residential
property sales not by auction).
LAWYER’S CERTIFICATIONS
(INDEPENDENCE OF LAWYER, WAIVING AND SHORTENING COOLING-OFF PERIOD)
BUYER PLEASE NOTE
The certifications in this form are designed to ensure that you are aware of certain information which may
influence your decision to enter into a contract for the purchase of property or your decision to forgo or shorten
the statutory cooling-off period. They are important certifications which your lawyer must attend to.
Please read the PAMD Form 30a Warning Statement (required by law to be attached to the front of a contract
to buy residential property in Queensland) as it explains your right to a cooling-off period. You may waive or
shorten the cooling-off period only by obtaining a certificate under sections 2 or 3 in this form.
LAWYER PLEASE NOTE
The certifications in this form relate to the requirements of sections 365B, 369 and 370 of the Property Agents
and Motor Dealers Act 2000.
Any lawyer engaged by a buyer or prospective buyer of residential property (other than by auction) in relation
to the purchase of that property, must complete the certification in section 1 below and must explain to the
Buyer the purpose and nature of the certificate.
The 5 day cooling-off period applicable to the purchase of all residential property in Queensland (other than
by auction) can only be:
a) waived, if a lawyer completes the certification in section 2; or
b) shortened, if a lawyer completes the certification in section 3.
If you are approached solely in relation to the waiving or shortening of the cooling-off period and your
declaration in section 1 indicates that you are not independent from the Seller, the Seller’s agents and anyone
else involved in the sale, promotion of the sale, or provision of a service in connection with the sale of the
property, you will not be able to make the certifications in sections 2 or 3 below. The Buyer must approach
an independent lawyer to obtain such a certification.
Please refer to the notes on page 4 before completing this form.
Lawyer’s details
Buyer’s details
Your details
John Byrne
Name ....................................................................
Name(s) .......................................................................
Byrnes - Business Lawyers
Firm ...................................................................... Address .......................................................................
40 Stanton Terrace Townsville Q 4810
Address ................................................................ Seller’s details
The Seller in the contract you signed.
Name(s) ......................................................................
Property details
The property in the contract you signed.
Address ......................................................................
Address ................................................................
Lot ........................................................................ Seller’s agent’s details
The Seller's agent in the contract you signed
Plan ...................................................................... Name ..........................................................................
Title reference ....................................................... Address ......................................................................
Property Agents and Motor Dealers Act 2000 Sections 365B, 369 and 370 * PAMD Form 32a V.1 2001
Page 1 of 4
1 INDEPENDENCE OF LAWYER
Lawyer to tick whichever is applicable.
✔
I have no business, family or other relationship with the Seller, the Seller’s agent or another person
associated with the sale, promotion of the sale or provision of a service in connection with the sale of
the property.
I act for the Seller, the Seller’s agent or another person associated with the sale, promotion of the sale
or provision of a service in connection with the sale of the property. If so, specify for whom you act and in
what capacity:
……………………………………………………………………………….…………………………………………
I have a business, family or other relationship with the Seller, the Seller’s agent or another person
associated with the sale, promotion of the sale or provision of a service in connection with the sale of
the property. If so, specify the nature of the relationship and with whom you have that relationship:
...………………………………………………………………………………….………………………………………
If insufficient space, please attach a separate sheet detailing the relationships.
Lawyer to tick whichever is applicable:
✔
I have not received/am not receiving and do not expect to receive:
I have received/am receiving or expect to receive:
a benefit [see note on what constitutes a ‘benefit’ over the page] in connection with the sale, or for
promoting the sale or for providing a service in connection with the sale of the property other than the
professional costs and disbursements payable by the Buyer from the following people. If you have
indicated a positive response to the above, please name the person, including a corporation, to whom the
benefit relates and the amount, value or nature of the benefit:
Person providing benefit
Benefit
........................................................................................................................................................................
........................................................................................................................................................................
........................................................................................................................................................................
If insufficient space, please attach a separate sheet detailing the benefits.
I have read and completed this certificate and have explained to the Buyer the purpose and nature
of this certificate.
Lawyer to sign:
Name
John Byrne
..................................................................
John Byrne
Signature ...............................................................
Date of my initial letter to you.
Date
..................................................................
Property Agents and Motor Dealers Act 2000 Sections 365B, 369 and 370 * PAMD Form 32a V.1 2001
Page 2 of 4
2 WAIVING COOLING-OFF PERIOD
This certification must be given to the Seller or the Seller’s Agent before the buyer is bound under
the Contract.
I have been instructed by my client …………………………………… the Buyer under a Contract for the purchase
of residential property in Queensland, that the Buyer wishes to waive the cooling-off period.
The Buyer under the Contract is not yet bound by the Contract.
I am independent of the Seller, the Seller’s Agent and anyone else involved in the sale, promotion of the sale or
provision of a service in connection with the sale of the property.
I have no business, family or other relationship with the Seller or Seller’s Agent.
I have not received, am not receiving and do not expect to receive any benefit in connection with the sale of the
property from anyone else involved in the sale, promotion of the sale or provision of a service in connection with
the sale of the property.
I have explained to the Buyer the effect of the Contract, the purpose and nature of this Lawyer’s Certificate and
the legal effect of the Buyer giving this Certificate to the Seller or Seller’s Agent.
Lawyer to sign:
Signature ...............................................................
Name
..................................................................
Date
..................................................................
3 SHORTENING COOLING-OFF PERIOD
This certification must be given to the Seller or the Seller’s agent before the cooling-off period ends.
The effect of this Certificate is to shorten the cooling-off period to 5 pm or another stated time on the
date stated on this Certificate.
I have been instructed by my client ……………………………………the Buyer under a contract for the purchase
of residential property in Queensland, that the buyer wishes to shorten the cooling-off period.
The cooling-off period commenced on…………………(date) and was to have ended at 5pm on ……….…. (date).
The cooling-off period will now end at ……… pm on ……………… (date).
I am independent of the Seller, Seller’s Agent and anyone else involved in the sale, promotion of the sale or
provision of a service in connection with the sale of the property.
I have no business, family or other relationship with the Seller, Seller’s Agent and anyone else involved in the
sale, promotion of the sale or provision of a service in connection with the sale of the property.
I have explained to the Buyer the effect of the Contract, the purpose and nature of this Lawyer’s Certificate and
the legal effect of the Buyer giving this Certificate to the Seller or Seller’s Agent.
Lawyer to sign:
Name
..................................................................
Signature ...............................................................
Date
..................................................................
If you need more information about this form, you can visit the Office of Fair Trading website at
www.fairtrading.qld.gov.au or contact your local Office of Fair Trading.
Property Agents and Motor Dealers Act 2000 Sections 365B, 369 and 370 * PAMD Form 32a V.1 2001
Page 3 of 4
LAWYER’S NOTES
(INDEPENDENCE OF LAWYER, WAIVING AND SHORTENING COOLING-OFF PERIOD)
Independence of lawyer
The intention of the Act is for lawyers to disclose
relationships and benefits they receive from the sale
which may affect their ability to be objective when
rendering advice to a Buyer. Examples of
relationships that should be disclosed include:
• Trustee/beneficiary
• Fiduciary
• Solicitor and client (where currently active for
both parties)
• Donee of power of attorney
• Carer relationship
• Guardianship
• Emotionally dependent relationships
(eg. de facto)
Relationships that do not need to be disclosed
include:
• Casual acquaintance
• Membership of the same club or association
You should declare all direct or indirect benefits to
you or your firm or to a person on your behalf or on
behalf of your firm that will come from or will be
charged against the proceeds of the sale, other than
your professional costs and ordinary disbursements
payable by the Buyer relating to the purchase of the
property. If you do not know the exact amount of the
benefit or if the benefit cannot be expressed in money
terms, please estimate the value of the benefit in
money terms or in relevant percentage terms (and
note that it is an estimate), or describe the nature of
the benefit.
Steps to take before Contract is binding
The following 5 steps must be completed before the
Seller and the Buyer will be bound by the Contract.
1. The Buyer signs the Contract.
2. The Seller also signs the Contract.
3. The Seller signs the Declaration on Form 31a
stating the date on which they signed the
Contract.
4. The Seller or their agent gives the Buyer a copy
of the Contract (signed by both parties) and a
copy of the Declaration (signed by the Seller).
5. The Buyer returns to the Seller or their agent a
copy of the Contract and a copy of the
Declaration (this lets the Seller know that the
Buyer is aware of the date the Seller signed the
Contract)
The 5 day cooling-off period commences on the
day step 5 is completed.
(Note: if the Buyer is bound by the Contract on a day
other than a business day, the cooling-off period
commences on the first business day after the day
the Buyer is bound by the Contract, and ending at
5pm on the 5th business day.)
Property Agents and Motor Dealers Act 2000 Sections 365B, 369 and 370 * PAMD Form 32a V.1 2001
Page 4 of 4