Terms & Conditions - Sale of Land for Overdue Rates 2024

TERMS AND CONDITIONS OF

SALE BY AUCTION OF PROPERTIES FOR OVERDUE RATES

TERMS AND CONDITIONS OF SALE BY AUCTION OF PROPERTIES FOR OVERDUE RATES

Under instructions from Western Downs Regional Council

By:                   A licensed Auctioneer

Location:          Online through below URL

Date & Time:    10:00am on Thursday, 7 November, 2024

TERMS AND CONDITIONS OF SALE

This document may be referred to as "this Agreement" or the "Terms and Conditions of Sale".

1. The land is being offered for sale by Western Downs Regional Council ("Council") pursuant to its statutory power of sale under the provisions of Chapter 4, Part 12, Division 3 of the Local Government Regulation 2012 ("LGR").

    

2. All Bidders must be registered. The Auctioneer may register a person as a Bidder only if that person has provided his/her name and address and satisfactory evidence of his/her identity. If the Bidder is successful, the name listed on the registration form will be the name of the Buyer in the Contract of Sale, unless the Bidder is registered to be bidding on behalf of another person.

    

3. Any person who intends to bid on behalf of another person must, by 4pm the day prior to the auction, being 6 November 2024:
   1. provide the Auctioneer with a copy of their written authority before the auction, otherwise, the Bidder will be taken to be acting on their own behalf; and
   2. give the Auctioneer the name and address of who they are acting for.

       

4. Persons who wish to bid must register before 4pm on the day prior to the auction. Once you have registered to bid, your registration must be approved by the Auctioneer and Council. Bids will only be accepted from approved Bidders.

    

5. Bidders must use the numbered identifier provided by the Auctioneer to make a bid during the auction.

    

6. The bidding shall be at a lump sum. The Auctioneer has the discretion to refuse to accept a bid from any Bidder. The highest approved bidder shall, subject to a reserve price, be the Purchaser. If any dispute shall arise, then at the sole discretion of the Auctioneer, the property may be re-offered for sale at any former bid and resold, but not for any price below the reserve price for the land.

    

7. A Bidder must not bid less than a sum to be named by the auctioneer at the time of the sale.

    

8. A Bidder cannot retract a bid after it has been accepted by the auctioneer. A bid will be taken to be accepted unless the Auctioneer refuses it. If the Auctioneer refuses a bid, the Auctioneer must announce to all other Bidders that the bid has been refused. Council shall be at liberty to bid once for the property and has the right to refuse any bid or withdraw the property from sale at any time before the fall of the hammer.

    

9. The decision of the Auctioneer is final in all matters relating to the Auction.

    

10. If there is any dispute over a bid or result, the Auctioneer may:
    1. reopen the bidding; and/ or
    2. determine the dispute in any other way the Auctioneer considers appropriate in his/her absolute discretion.

     

11. On the fall of the hammer there is a binding contract between Council and the successful bidder, being the Bidder who makes the highest bid in relation to a particular property that is above the reserve.

     

12. The successful Bidder must as soon as reasonably practicable after the auction (on the day of the auction):
    1. do all things reasonably necessary to execute the Contract of Sale; and
    2. pay to Council a 10% deposit by cash, credit card, EFT, or bank cheque with settlement of the outstanding balance to be paid in full on or before the Settlement Date of 9 December 2024.

     

13. If, for any reason, the successful Bidder does not pay the deposit to Council or the Contract of Sale is not signed, then Council may immediately cancel this sale and re-offer the property for sale. Nothing in this clause shall prejudice or affect any power or remedy conferred on Council by reason of such default by any other clause. The resiling Bidder may be liable to Council for the difference between their bid and amount the particular property is actually sold for at the subsequent sale. 

     

     

14. The Council undertakes to sell the land to the purchaser, and the purchaser agrees to buy the land from Council, pursuant to Chapter 4, Part 12, Division 3 of the LGR.

     

15. Pursuant to section 145(4) of the LGR, a transfer of the interest of the registered owner, to the purchaser will be free of all encumbrances, other than an encumbrance that confers rights on a State or government entity. It is the responsibility of potential purchasers to satisfy themselves that there are no encumbrances in favour of the State or other government entity over the subject land.

     

16. Prospective purchasers are responsible for satisfying themselves of the condition and nature of the property by way of, among other things, for example, roadside inspection, searches, inquiries, advice or as they otherwise see fit.

     

17. The land is sold free of all local government rates and charges accrued prior to the Settlement Date (being on or before 9 December 2024).

     

18. Any chattels located on the land are not included in the sale. However, fixtures are included. Council provides no warranty in relation to the fixtures that are or are not on the properties.

     

19. The purchaser acknowledges that, in entering this Agreement, it has not been guaranteed,warranted or otherwise assured by or on behalf of the Council:
    1. that vacant possession of the land will be provided at settlement;
    2. as to the condition, state of repair or suitability for any use of the land;
    3. that the land presently is being used in accordance with approvals (if any) granted by theCommonwealth, State or local governments, or by any semi-government authority; and
    4. that the improvements (if any) on land have been constructed in accordance with all applicable legislative requirements of the State or local governments.

     

20. If, at any time between the auction date and the settlement date the Council becomes aware that payment of the overdue rates burdening the land was tendered prior to this auction, then the Council may terminate this Agreement by written notice to the Purchaser in which event all monies paid by way of deposit will be refunded to the Purchaser without deduction. The Purchaser will have no right of recourse for damages or any other claim as a consequence of Council terminating the contract, and releases the Council from any cause of action they may otherwise have.

     

21. The Purchaser must pay to the Council, by cash or bank cheque, on the settlement date on or before 9 December 2024 the balance purchase price.

     

22. Settlement is to be affected on or before 9 December 2024 at the offices of Council at 30 Marble Street Dalby Queensland, or as agreed.

     

23. If the deposit or any other money payable under this Agreement is not paid when due, the purchaser must pay interest on the overdue money from the due date for payment to the date of payment (both inclusive). This clause does not limit the rights of the Council and Auctioneer conferred by clause 13.

     

24. If the purchaser defaults under this Agreement, in addition to any other entitlement it may possess at law or in equity with respect to the default, the Council may affirm or terminate this Agreement.

     

25. If Council affirms this Agreement, Council may:
    1. sue the Purchaser for specific performance of the sale;
    2. sue the Purchaser for damages; and / or
    3. sue the Purchaser for specific performance and damages for breach and may recover from the Purchaser as a liquidated debt so much of the deposit as the Purchaser has failed to pay.

     

26. If Council terminates this Agreement, Council may:
    1. declare forfeited any deposit paid;
    2. sue the Purchaser for damages for breach; and
    3. declare forfeited any deposit paid and sue the Purchaser for damages for breach.

        

27. Unless expressly provided otherwise in this Agreement, time shall in all respects, and in every case, be of the essence of the Agreement .

     

28. On the date of Settlement, being on or before 9 December 2024, in exchange for the purchase moneys and the other moneys payable by the Purchaser hereunder, Council shall deliver to the Purchaser a duly executed appropriate form in accordance with and given under section 145(2) of the LGR which shall be prepared by and at the cost of Council. All other documents necessary to give effect to this sale shall be prepared by and at the cost of the Purchaser and delivered to Council's Legal Services and within a reasonable period, shall execute and redeliver such documents to the Purchaser.

     

29. The purchaser, or their legal representative, shall act as Council's unpaid agent and be solely responsible for holding any documents until settlement, before lodging any duly executed transfer form/s with the Registrar of Titles.

     

30. The Purchaser shall not be entitled to make any requisition or objection on or to the right of Council to affect this sale on or to any other matter or thing whatsoever.

     

31. Any mistake or error in the description or particulars of the property hereby sold shall not annul this sale and no compensation or equivalent shall be given or taken by Council or Purchaser as the case may require. Nor shall any claim for compensation be made or allowed for any matter or thing whatsoever if the existing boundary fences of the said property do not agree with the boundary lines given in the current Instrument of Title.

     

32. If the property is not sold and knocked down at this auction by reason of the reserve price not being reached, the Council at its discretion may enter into negotiations with any bidder to sell the land by agreement.

     

33. The Council and the Purchaser shall each pay their own costs of and incidental to the sale and purchase.

     

34. Words and phrases defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (the GST Act) have the same meaning in this Contract unless the context indicates otherwise. This clause applies where the transaction is a Taxable Supply. If this clause applies, the Purchase Price includes the Council's liability for GST on the Supply of the Property. The Purchaser is not obliged to pay any additional amount to the Council on account of GST on the Supply of the Property. Where GST is payable on the Supply of the Property, the Council must give to the Purchaser a Tax Invoice. To avoid doubt, this clause does not merge on completion. Unless indicated otherwise, the purchase price is GST inclusive.

     

35. The Bidder, the Council and the Auctioneer consent, for the purposes of the Electronic Transactions (Queensland) Act 2001 (Qld), to the exchange of documents electronically and the execution of documents electronically.

     

36. A Bidder is taken to have accepted this Agreement by registering to bid or otherwise acting in accordance with this Agreement.