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Legal

Estate Agent’s Licence No.076967L

Testimonial Disclaimer

Testimonials appearing on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services.

Accrue Real Estate is not responsible for any of the opinions or comments posted to our site. Accrue Real Estate is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of Accrue Real Estate. Accrue Real Estate does not share the opinions, views or commentary of any testimonials on this site, and are strictly the views of the reviewer.

Terms And Conditions

Ownership

Accrue Real Estate Pty Ltd ABN 13 275 436 431 (“Accrue”) is the owner and operator of this site.

As a user of this site, you agree to be bound by these Terms and Conditions, which are subject to change at the sole discretion of Accrue. Your use of and access to this site indicate your acceptance of these terms and conditions.

Intellectual Property

All intellectual property in relation to material included on this site belongs to Accrue or its licensors, advertisers or affiliates. Users obtain no interest in that property. All material on this site is protected by Australian and international copyright and other intellectual property laws. Users may not do anything which interferes with or breaches those laws or the intellectual property rights in the material.

Users may download and view the material or print a copy of material on this site for personal, non-commercial use provided you do not modify the copy from how it appears on this site (including any copyright notice). All rights not expressly granted under these terms are reserved by Accrue. Users will not use this site for any unlawful purpose.

Liability

Accrue does not warrant the accuracy of the content on the site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on this site may be changed at Accrue’s sole discretion and without notice.

The content on this site is a summary only of the subject matter covered, without an assumption of a duty of care by Accrue or its contributors. The summary is not intended to be nor should it be relied on as a substitute for financial or other professional advice.

Accrue will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this site.

Indemnity

You agree to indemnify Accrue (its respective parents and affiliates and their respective employees and officers) against any loss or damage suffered, or costs incurred, by them in connection with your use of the site or any breach by you of any other legal obligation.

Third Party Content and Links

This site may include third party content which is subject to that third party’s terms and conditions of use.

This site may include links to third party sites which are not related to Accrue and in relation to which Accrue has no control or interest. The appearance of those links on this site does not indicate any relationship between Accrue and that third party or any endorsement by Accrue of that third party, its site or the products or services which it is advertising on this site.

Security

Accrue strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

Copyright

©Accrue Real Estate Pty Ltd

Copyright in this material is retained by the Author. Apart from any fair dealing as permitted under the Copyright Act 1968 for the purposes of research or review, no part of this material may be reproduced by any process whatsoever without written permission of the author.

Disclaimer

The statements, analyses and opinions contained in this matter are those of the author and are only meant to be a guide. No part of the material can be regarded as legal or financial advice. Although all care has been taken in preparing this material, readers should not rely on the material in either altering their position or refrain from doing so in relation to the subject matter of the material. Neither the author nor the sponsor accept or undertake any duty of care relating to any part of the material. Recipients of the material must take steps to inform themselves before acting on information contained in the material.

Applicable Law

Your use of this site and its terms of use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts there.

Privacy Policy

Accrue recognises the importance of protecting the privacy of personally identifiable information collected about our clients. For the purposes of this Privacy Statement, the word clients includes visitors to our web sites, subscribers to and users of our services, purchasers of our products and advertising customers. We are bound by the National Privacy Principles in the Privacy Act 1988 (Cth) in relation to the handling of personal information.

We collect personal information when we provide our services to you. Generally we will tell you why we are collecting information when we collect it and how we plan to use it or these things will be obvious when we collect the information.

We usually collect personal information such as your name, address, telephone number, and in some instances, your financial details. When you are online, we collect information regarding the pages within our network which you visit and what you click on. As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our goods or services and if the law requires us to, we will seek your consent to collect it.

IMPORTANT: Due diligence checklist

What you need to know before buying a residential property

Before you buy a home, you should be aware of a range of issues that may affect that property and impose restrictions or obligations on you, if you buy it. This checklist aims to help you identify whether any of these issues will affect you. The questions are a starting point only and you may need to seek professional advice to answer some of them. You can find links to organisations and web pages that can help you learn more, by visiting the Due diligence checklist page on the Consumer Affairs Victoria website (consumer.vic.gov.au/duediligencechecklist).

Urban living

Moving to the inner city?

High density areas are attractive for their entertainment and service areas, but these activities create increased traffic as well as noise and odours from businesses and people. Familiarising yourself with the character of the area will give you a balanced understanding of what to expect.

Is the property subject to an owners corporation?

If the property is part of a subdivision with common property such as driveways or grounds, it may be subject to an owners corporation. You may be required to pay fees and follow rules that restrict what you can do on your property, such as a ban on pet ownership.

Growth areas

Are you moving to a growth area?

You should investigate whether you will be required to pay a growth areas infrastructure contribution.

Flood and fire risk

Does this property experience flooding or bushfire?

Properties are sometimes subject to the risk of fire and flooding due to their location. You should properly investigate these risks and consider their implications for land management, buildings and insurance premiums.

Rural properties

Moving to the country?

If you are looking at property in a rural zone, consider:

  • Is the surrounding land use compatible with your lifestyle expectations? Farming can create noise or odour that may be at odds with your expectations of a rural lifestyle.
  • Are you considering removing native vegetation? There are regulations which affect your ability to remove native vegetation on private property.
  • Do you understand your obligations to manage weeds and pest animals?

Can you build new dwellings?

Does the property adjoin crown land, have a water frontage, contain a disused government road, or are there any crown licences associated with the land?

Is there any earth resource activity such as mining in the area?

You may wish to find out more about exploration, mining and quarrying activity on or near the property and consider the issue of petroleum, geothermal and greenhouse gas sequestration permits, leases and licences, extractive industry authorisations and mineral licences.

Soil and groundwater contamination

Has previous land use affected the soil or groundwater?

You should consider whether past activities, including the use of adjacent land, may have caused contamination at the site and whether this may prevent you from doing certain things to or on the land in the future.

Land boundaries

Do you know the exact boundary of the property?

You should compare the measurements shown on the title document with actual fences and buildings on the property, to make sure the boundaries match. If you have concerns about this, you can speak to your lawyer or conveyancer, or commission a site survey to establish property boundaries.

Planning controls

Can you change how the property is used, or the buildings on it?

All land is subject to a planning scheme, run by the local council. How the property is zoned and any overlays that may apply, will determine how the land can be used. This may restrict such things as whether you can build on vacant land or how you can alter or develop the land and its buildings over time.

The local council can give you advice about the planning scheme, as well as details of any other restrictions that may apply, such as design guidelines or bushfire safety design. There may also be restrictions – known as encumbrances – on the property’s title, which prevent you from developing the property. You can find out about encumbrances by looking at the section 32 statement.

Are there any proposed or granted planning permits?

The local council can advise you if there are any proposed or issued planning permits for any properties close by. Significant developments in your area may change the local ‘character’ (predominant style of the area) and may increase noise or traffic near the property.

Safety

Is the building safe to live in?

Building laws are in place to ensure building safety. Professional building inspections can help you assess the property for electrical safety, possible illegal building work, adequate pool or spa fencing and the presence of asbestos, termites, or other potential hazards.

Building permits

Have any buildings or retaining walls on the property been altered, or do you plan to alter them?

There are laws and regulations about how buildings and retaining walls are constructed, which you may wish to investigate to ensure any completed or proposed building work is approved. The local council may be able to give you information about any building permits issued for recent building works done to the property, and what you must do to plan new work. You can also commission a private building surveyor’s assessment.

Are any recent building or renovation works covered by insurance?

Ask the vendor if there is any owner-builder insurance or builder’s warranty to cover defects in the work done to the property.

Utilities and essential services

Does the property have working connections for water, sewerage, electricity, gas, telephone and internet?

Unconnected services may not be available, or may incur a fee to connect. You may also need to choose from a range of suppliers for these services. This may be particularly important in rural areas where some services are not available.

Buyers’ rights

Do you know your rights when buying a property?

The contract of sale and section 32 statement contain important information about the property, so you should request to see these and read them thoroughly. Many people engage a lawyer or conveyancer to help them understand the contracts and ensure the sale goes through correctly. If you intend to hire a professional, you should consider speaking to them before you commit to the sale. There are also important rules about the way private sales and auctions are conducted. These may include a cooling-off period and specific rights associated with ‘off the plan’ sales. The important thing to remember is that, as the buyer, you have rights.