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Vendor Declaration Form for Australia

Vendor Declaration Form Template for Australia

A comprehensive legal document used in Australian property transactions where the vendor (seller) makes formal declarations about various aspects of the property being sold. This document forms a crucial part of the property sale process across all Australian jurisdictions, requiring vendors to disclose material facts about the property's condition, title, compliance status, and other relevant information. It serves as a risk management tool and provides legal protection for both vendors and purchasers by ensuring transparency in property transactions.

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What is a Vendor Declaration Form?

The Vendor Declaration Form is a mandatory document in Australian property transactions that serves as a formal disclosure statement from the property seller. It emerged from the need to protect buyers and ensure transparency in property transactions, with requirements varying slightly across different Australian states and territories. The form requires vendors to make detailed declarations about various aspects of their property, including title status, outstanding mortgages, building compliance, known defects, and other material facts that could affect the property's value or a purchaser's decision to buy. This document has become increasingly important in modern property transactions as it helps manage risk, ensures compliance with consumer protection laws, and provides a legal framework for property disclosures. The Vendor Declaration Form typically accompanies the contract of sale and can have significant legal implications if information is found to be incorrect or deliberately misleading.

What sections should be included in a Vendor Declaration Form?

1. Vendor Details: Full legal name, contact information, and identification details of all registered property owners

2. Property Details: Complete property description including lot number, plan number, title reference, and street address

3. Title and Ownership Declaration: Declarations regarding clear title, ownership rights, and any encumbrances on the property

4. Property Condition Declarations: Statements about known defects, structural issues, or material matters affecting the property

5. Compliance Declarations: Declarations regarding building codes, permits, and council requirements

6. Financial Declarations: Statements about mortgages, liens, outstanding rates, and other financial obligations

7. Environmental Declarations: Disclosures about contamination, heritage listings, or environmental protection orders

8. GST Status: Declaration of GST registration status and GST treatment of the sale

9. Foreign Investment Status: Declaration regarding foreign person status under FIRB regulations

10. Signature Block: Execution section including date, witness details, and statutory declarations

What sections are optional to include in a Vendor Declaration Form?

1. Strata Title Declarations: Additional declarations required for strata-titled properties, including body corporate information

2. Swimming Pool/Spa Compliance: Required when property includes a swimming pool or spa, covering safety and compliance matters

3. Tenancy Details: Required when property is subject to an existing tenancy agreement

4. Heritage Status: Required for properties with heritage listing or in heritage conservation areas

5. Natural Hazard Declarations: Required in areas prone to bushfires, flooding, or other natural hazards

6. Development Applications: Required when there are pending DAs or recent property modifications

7. Water Rights Declarations: Required for rural properties with water licenses or rights

What schedules should be included in a Vendor Declaration Form?

1. Schedule 1 - Property Inclusions and Exclusions: Detailed list of items included or specifically excluded from the sale

2. Schedule 2 - Outstanding Notices and Orders: List of any government or authority notices affecting the property

3. Schedule 3 - Certificates and Compliance Documents: List of attached certificates including building certificates, compliance certificates

4. Schedule 4 - Known Defects Report: Detailed description of known defects or issues with the property

5. Appendix A - Supporting Documentation: Copies of relevant documents referenced in the declaration

6. Appendix B - Property Plans and Surveys: Copies of relevant property plans, surveys, or diagrams

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Declaration Form

Sector

Cost

Free to use
Relevant legal definitions






































Clauses




























Relevant Industries

Real Estate

Property Development

Legal Services

Financial Services

Construction

Property Management

Government and Public Sector

Banking

Insurance

Agricultural (for rural properties)

Relevant Teams

Legal

Compliance

Real Estate Operations

Property Management

Risk Management

Sales

Due Diligence

Settlements

Conveyancing

Contract Administration

Relevant Roles

Property Lawyer

Conveyancer

Real Estate Agent

Property Manager

Compliance Officer

Legal Counsel

Property Developer

Settlement Agent

Title Officer

Risk Manager

Real Estate Broker

Property Valuer

Contract Administrator

Due Diligence Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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