Cravens Vista Land Release - Sales Conditions

Cravens Vista Land Release Sales Conditions

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Sales Conditions

The following terms and conditions apply to the land release known as Cravens Vista.

It is recommended that prospective buyers:

·             obtain independent legal, financial, planning and construction advice before signing the Contract for Sale; and

·             make their own enquiries and undertake their own due diligence regarding the accuracy of the information contained in the Sales Documentation

Sales Documentation

1.        The Sales Documentation comprises the terms on which CED offers the Blocks for sale.

2.       You acknowledge and agree to having read and the opportunity to seek independent legal, financial, planning and construction advice regarding the content of the Sales Documentation and to make your own enquiries regarding the accuracy and completeness of the Sales Documentation.

3.      CED reserves the right to amend, update or replace the Sales Documentation as CED considers necessary and agrees to use reasonable endeavours to inform you of any such change.

Steps to Buy

4.           To purchase a Block, you must:

a)        satisfy the eligibility criteria set out below;

b)        first register your interest by submitting an Expression of Interest Form; 

c)      if you are successful, you will receive notice from CED on or after the Offer Date advising you that you will have the opportunity to purchase a Block. It is at this time that you must nominate, in consultation with CED, a time to attend a Contract Exchange Appointment and pay the Holding Deposit to the Legal Representative. Your Contract Exchange Appointment will only be confirmed once the Holding Deposit has been paid;

d)     prior to the Contract Exchange Appointment, seek and obtain legal advice regarding the waiver of the Cooling Off Period and procure a Section 17 Certificate;

e)          attend your Contract Exchange Appointment with the following:

         (i)   original and valid photographic identification (e.g, driver’s licence or passport) for the  Buyer; 

         (ii)  evidence of the Buyer’s current residential address;

         (iii)  your Section 17 Certificate; and

         (iv)  a means to make payment of the First Instalment of the Deposit; and

f)      at the Contract Exchange Appointment, duly execute and exchange the Contract for Sale as amended to refer to your nominated Block.

5.           Following your Contract Exchange Appointment, the Legal Representative will issue to your legal representative a copy of the exchanged Contract for Sale.

Eligibility Criteria

6.           To be eligible to purchase a Block, you must:

a)          not be restricted from acquiring property under the Foreign Acquisitions and Takeovers Act 1975 (Cth);

b)           if an individual, must be over the age of 18 years; or

c)            if a company, be registered under the Corporations Act 2001 (Cth); and

d)           not be a Related Party to another Buyer.

7.           If you and a Related Party submit an Expression of Interest Form, you and the Related Party will be in breach of the Sales Conditions and will at CED’s absolute discretion, no longer be eligible to purchase a Block.

8.           CED reserves the right to request further information and/or documentation from prospective buyers, including the provision of declaration(s) as to any matter CED considers relevant, including in circumstances where an Expression of Interest Form has been submitted by two (2) buyers who appear to be a Related Party. 

9.           If:

a)       you have not completed or otherwise provided false or misleading information in the Expression of Interest Form;

b)       the details of the Buyer in the Expression of Interest Form do not match the photo identification provided to CED;

c)          the Expression of Interest From is submitted after the Closing Date;

d)          you are found to be a Related Party of another buyer; or

e)          you refuse to provide further information requested by CED pursuant to clause 8,

CED may, at CED’s absolute discretion, determine that you are no longer eligible to purchase a Block.

10.        In addition to clause 9, CED may, in its sole and absolute discretion, cancel a Contract Exchange Appointment, accept or reject any Expression of Interest Form or otherwise determine that you are no longer eligible to purchase a Block.

Expression of Interest

11.      Upon receiving notice from CED that you have been successful and will have the opportunity to purchase a Block, you must pay to the Legal Representative the Holding Deposit which will be held by the Legal Representative and applied against the First Instalment of the Deposit, should you be successful in purchasing a Block. Your Contract Exchange Appointment will only be confirmed once the Holding Deposit has been paid.

12.        If you are not successful in purchasing a Block, the Legal Representative will refund the Holding Deposit to you within a reasonable period of time.

13.        You acknowledge and agree that

a)      the information submitted with the Expression of Interest Form will be used to prepare the Contract for Sale;

b)         only those persons stated as a Buyer in the Expression of Interest Form will be entitled to purchase a Block;

c)         if you wish to amend an Expression of Interest Form which has been submitted with CED, you may do so by emailing sales@denmanprospect.com.au prior to the Closing Date. Following the Closing Date, no amendments to the Expression of Interest Form will be accepted;

d)     by submitting the Expression of Interest Form, you have read, understood and agree to the Sales Conditions; and

e)         by submitting the Expression of Interest Form, you have read and understood the contents of the Sales Documentation.

14.     You may submit your Block preference within the Expression of Interest Form, however you acknowledge that this does not guarantee that your Block preferences will be available to purchase at the time of your Contract Exchange Appointment

15.        The Expression of Interest Form will remain open until the Closing Date.

Block Allocation

16.      CED will use reasonable endeavour to allocate Blocks to eligible Buyers based on the preferences provided in their respective Expression of Interest Form.

17.      Successful applicants will be notified whether they will be offered the opportunity to purchase a Block by the Offer Date.

18.        You acknowledge that:

a)           there is no guarantee your Block preferences will be available for selection or purchase at the time of your Contract Exchange Appointment; 

b)           CED will determine the order of priority of all Contract Exchange Appointments;

c)           CED will use reasonable endeavours to allocate Contract Exchange Appointments in such a manner that at least one (1) Block preference is available for each Buyer;

d)         CED does not guarantee that any Block preference nominated in your Expression of Interest Form will be available for selection at your Contract Exchange Appointment; and

e)          CED may prioritise Contract Exchange Appointments for those eligible Buyers who have been unsuccessful in prior land releases at Denman Prospect.

Contract Exchange

19.        At the Contract Exchange Appointment, the Buyer must:

a)         present original photographic identity documentation and proof of the Buyer’s current residential address;

b)    select a Block which was nominated as a preference in the Expression of Interest Form, if any remain available to purchase;

c)          pay the balance of the First Instalment of the Deposit payable under the Contract for Sale; and

d)          duly execute and exchange the Contract.

20.        Payment of the First Instalment of the Deposit can be made by electronic transfer or by bank cheque. Credit cards, cash or personal cheques will not be accepted.

21.        You acknowledge that the terms of the Contract for Sale may be amended by CED from time to time but that neither you nor the Buyer is entitled to request any changes to the Contract for Sale. 

Appointment of Agent

22.        If you are not available to attend your Contract Exchange Appointment, you may appoint a person to act as your agent and to attend on your behalf by completing, signing and submitting an Appointment of Agent Form with CED.

23.        By submitting the Appointment of Agent Form, you declare that you irrevocably authorise your agent to:

a)           attend and select a Block on your behalf at the Contract Exchange Appointment;

b)           pay the deposit payable under the Contract for Sale on your behalf; and

c)            execute the Contract for Sale on your behalf.

24.        At the Contract Exchange Appointment, your agent must attend to and satisfy all matters stated in the Appointment of Agent Form or as otherwise required by CED, including but not limited to:

a)           providing the original signed Appointment of Agent Form; and

b)           providing certified copies of photographic identification of the Buyer and the Agent.

25.        If you appoint an agent, a reference to ‘you’ or the ‘Buyer’ in these Sales Conditions includes you, the Buyer and the agent.

Defined Terms

26.        Terms which are capitalised in these Sales Conditions have the following meaning:

a)      Appointment of Agent Form means the document described as such and forming part of the Sales Documentation.

b)           Block means the parcel(s) of land that are available for purchase from CED as stated on CED’s website.

c)            Buyer means the buyer stated in the Expression of Interest Form.

d)           CED’s Website means the website managed by CED.

e)           Closing Date means 2:00pm on 15 March 2026.

f)         Contract Exchange Appointment means the appointment, at the time and date you selected, at which you may select a Block to purchase from CED.

g)         Contract for Sale for a Block means the document titled Contract for Sale, Residential Land – Land Not Ready forming part of the Sales Documentation and made available on CED’s Website, and which will be available for completion and execution by the Buyer at the Contract Exchange Appointment.

h)           Expression of Interest Form means the form of that name available on CED’s Website.

i)           First Instalment of the Deposit has the same meaning as First Instalment in the Contract for Sale, being an amount equivalent to 5% of the price as stated in the Contract for sale.

j)             Holding Deposit means the sum of $1,000.

k)            Legal Representative means Terracon Legal.

l)             Offer Date means 5:00pm on 18 March 2026

m)          Related Party means

(i)      where the Buyer is an individual, your spouse or domestic partner, a company of which you are a director, secretary or shareholder or a company of which your spouse or domestic partner is a director, secretary or shareholder; or

(ii)      where the Buyer is a company, a director, secretary or shareholder of that company, or a person who is a spouse or domestic partner of a director, secretary or shareholder of that company, or a company which has a director, secretary or shareholder, the spouse or domestic partner of whom is a director, secretary or shareholder of that company.

n)           Sales Conditions means this document and the terms or requirements in any other document contained in the Sales Documentation.

o)      Sales Documentation means the documentation made available by CED for the sale of the Blocks, comprising the Appointment of Agent Form, Contract for Sale, Expression of Interest Form and Sales Conditions, and any amendment, update or replacement of such documents.

p)        Section 17 Certificate means a certificate complying with s.17 of the Civil Law (Sale of Residential Property) Act 2003 (ACT).

Questions

If you are unsure about anything outlined in these Sales Conditions or any of the information relating to the Cravens Vista Release, you should seekindependent legal advice.

If you have any questions relating to the sales procedure, please email sales@denmanprospect.com.au.