We usually recommend to our clients that the searches listed below be instituted without delay.  Depending on which Council the property is situated within, it may take between 10 – 12 working days for the searches to be processed and returned.  It is important to receive all searches back at least two working days prior to settlement in order to protect your interests in the event that a search reveals an adverse affect on the property you are purchasing. 

 It is our standard practice to also have clients complete a Questionnaire in relation to the property they are purchasing as soon as possible to enable us to ascertain whether it may be imperative for further searches to be conducted, such as canal and/or jetty searches, railway searches, pool fencing searches and searches in relation to building extensions and the like. 

The standard purchase searches conducted by our firm are:-

1. Current Title Search - This search is conducted immediately upon receipt of your contract of sale and is necessary to provide details as to the Certificate of Title, the Registered Owner, Real Property Description, Title Reference, Mortgages, encumbrances, registered leases, caveats, unregistered dealings and administrative advices from the Department of Natural Resources.  This also provides details as to whether there is a paper title issued which must be produced at settlement.
2. Registered Plan Request - This search is conducted immediately upon receipt of your contract of sale and provides a copy of the registered plan of the property which shows the location of land, the positioning of any registered easements and the lot entitlements.
3. Rates Search, Limited Town Planning (or zoning) Search, Sewerage and Drainage Plans
   
   Rates - provides rating information, showing any amounts owing, arrears and interest payable by the Vendor as well as details of gravity sanitary sewers and sewerage connections on the property.  The last water meter reading is usually given and limited flooding details are usually provided also.  
   
   Limited Town Planning (or Zoning) Search - This will provide details as to the zoning and use of the property, whether the property is subject to any council overlay plans etc.
   
   Sewerage, Drainage and Flood Report - Sewerage Plans, Drainage Plans and a Flood Report are requested if not included by Council in the standard rates search.
4. Land Tax - This will provide details as to whether there is any land tax owing by the Vendor in respect of the property.  Land Tax transfers with the land to the new Owner if it is not paid at settlement or if an undertaking to pay is not given by the Vendor prior to settlement.
5. Queensland Transport Search – Main Roads - Provides details as to any Queensland Transport requirements that affect the land, any future developments, current proposals, or resumption information for future road intentions.
6. Energex/Ergon - Provides information in relation to whether the property is connected under normal tariffs, if the property is connected under guarantee conditions, whether there are any underground cables running through the property and if the property does not have a connection, upon what conditions it may be connected.
7. Contaminated Land Register - Determines whether the property is listed on the contaminated land register and if there are any existing orders.
8. Body Corporate Information Certificate and Certificate of Insurance (if property is governed by a Body Corporate) - This search will provide details in relation to the Administration Levies and Sinking Fund levies that have been paid for the current period and enables us to calculate a fair adjustment to ensure that you are not left out of pocket with unpaid levies.  This search also ensures that the Body Corporate has adequate insurance cover.
9. Australian Securities Commission - This search is conducted where the seller or buyer is a company 
    Seller Search - Details of the Seller Corporation including Directors, ABN & Company Charges over the property.
    Buyer Search - Details of the Purchaser Corporation including Director, ABN, Registered Office and Charges – this search ensures that we include all of the correct details in the transfer documents and that the execution of the documents is correct.

It is important to note that the Contract of Sale cannot be terminated pursuant to the results of searches unless a search result is considered to show that the property is adversely affected (which is a subject we will cover in later articles) and unless notice is given to the seller in respect of a termination at least two working days prior to settlement.

It is important to note that this does not mean that a Buyer can terminate for reasons such as a pergola not being approved or a sewer main traversing under the yard etc. 

If these situations are reasons that you, as a Buyer would consider terminating a Contract, then it is important to ensure that an appropriate clause is written into the special conditions of the Contract stating that you as Buyer must be satisfied with the results of your search enquiries within a specific time frame.