Click here to see auction in progress Register or bid Register or bid Back to results

Features

Expected selling range: Bidding from $280,000

  • 1 new dam
  • Excellent home sites
  • 20 minutes from Goulburn
  • Delayed settlement 6-9 months

Open house

01/12/2018: 12:30 PM - 01:30 PM

Sign up or login to RSVP for open house

The times above are as per the local timezone of the property
  • Description
  • Auction conditions
  • Bidders guide
  • Sale Ezy conditions of use

Just 24 kilometres from Goulburn with sealed road frontage discover ”West Pomeroy Views”. Scattered shade trees and grass trees provide a park like setting at the entrance. Fully fenced with a small dam and power available. Principally native pasture. Grey loam soils. Lime application two years ago. Beautiful views to the north. Six months delayed settlement. Dwelling entitlement. Very few properties of this size available. Great locations to build your home and enjoy peaceful country living. To be sold by “Best Offer”. Simply click www.saleezy.com.au for full details. Bidding from $280,000.

Open for viewing Saturday 24th November, 12.30pm -1:30pm or by appointment.

Contact Professionals Real Estate Goulburn 02 4822 1411 or Allan on 0428 482 425.

The auctioneer is permitted to make up to one vendor bid in this auction. This bid will be labelled 'vendor bid'.

Bids to purchase the interest of another co-owner or to purchase as executor or administrator may be made by or on behalf of the seller within this auction. Bids of this nature will be labelled (written and audibly) 'co-owner'.

New South Wales Auction Conditions

Property, Stock and Business Agents Regulation 2014

Part 3 Clause 15

15 Conditions of sale by auction

1. The following conditions are prescribed as applicable to and in respect of the sale by auction of land or livestock:

  1. The vendor’s reserve price must be given in writing to the auctioneer before the auction commences (but not if the auction relates solely to livestock).
  2. A bid for the vendor cannot be made unless the auctioneer has, before the commencement of the auction, announced clearly and precisely the number of bids that may be made by or on behalf of the vendor.
  3. The highest bidder is the purchaser, subject to any reserve price.
  4. In the event of a disputed bid, the auctioneer is the sole arbitrator and the auctioneer’s decision is final.
  5. The auctioneer may refuse to accept any bid that, in the auctioneer’s opinion, is not in the best interests of the vendor.
  6. A bidder is taken to be bidding on the bidder’s own behalf unless, before bidding, the bidder has given to the auctioneer a copy of a written authority to bid for or on behalf of another person.
  7. A bid cannot be made or accepted after the fall of the hammer.
  8. As soon as practicable after the fall of the hammer the purchaser is to sign the agreement (if any) for sale. Cooling‑off rights do not apply to a sale by auction or a sale on the day of auction to a person who has made a bid in the auction (whether in person or by their proxy or representative).
  9. The auctioneer will have irrevocable authority, after the fall of the auctioneer's hammer, to complete and sign the contract on behalf of the purchaser or the vendor, or both.

2. The following conditions, in addition to those prescribed by subclause (1), are prescribed as applicable to and in respect of the sale by auction of residential property or rural land:

  1. All bidders must be registered in the Bidders Record and display an identifying number when making a bid.
  2. Subject to subclause (3), the auctioneer may make only one vendor bid at an auction for the sale of residential property or rural land and no other vendor bid may be made by the auctioneer or any other person.
  3. Immediately before making a vendor bid the auctioneer must announce that the bid is made on behalf of the seller or announce “vendor bid”.

3. The following conditions, in addition to those prescribed by subclauses (1) and (2), are prescribed as applicable to and in respect of the sale by auction of co-owned residential property or rural land or the sale of such land by a seller as executor or administrator:

  1. More than one vendor bid may be made to purchase the interest of a co-owner.
  2. A bid by or on behalf of an executor or administrator may be made to purchase in that capacity.
  3. Before the commencement of the auction, the auctioneer must announce that bids to purchase the interest of another co-owner or to purchase as executor or administrator may be made by or on behalf of the seller.
  4. Before the commencement of the auction, the auctioneer must announce the bidder registration number of any co-owner, executor or administrator or any person registered to bid on behalf of any co-owner, executor or administrator.

Property, Stock and Business Agents Regulation 2014

Part 3 Clause 17

17 Warnings about bidders’ obligations

1. The notice required to be given by section 78 (3) of the Act is to be in the following form:

Penalty for collusive practices

It is an offence against the Property, Stock and Business Agents Act 2002 for a person to do any of the following as a result of a collusive practice, or to induce or attempt to induce another person by a collusive practice to do any of the following:

  1. to abstain from bidding,
  2. to bid to a limited extent only,
  3. to do any other act or thing that might prevent free and open competition.

Severe penalties may be imposed on persons convicted of collusive practices.

2. The notice required to be given by section 83 (2) of the Act is to be in the following form:

Successful bidders

The actual successful bidder at an auction sale must give to the auctioneer or an employee of the auctioneer:

  1. the bidder’s name, or
  2. the name of the person on behalf of whom the successful bid was made.

3.The notice required to be given by section 66 (4) of the Act is to be in the following form:

Penalty for dummy bidding

It is an offence against the Property, Stock and Business Agents Act 2002 for a person to do any of the following:

  1. make a bid as the seller,
  2. make a bid on behalf of the seller (unless the person is the auctioneer),
  3. procure another person to make a bid on behalf of the seller.

Any bid made with the dominant purpose of benefiting the seller constitutes a bid made on behalf of the seller.

A bid may be found to be a bid made on behalf of the seller even though the seller did not:

  1. request the bid, or
  2. have any knowledge of the bid.

Severe penalties may be imposed on persons convicted of dummy bidding.

4. Each notice must:

  1. have its contents clearly and legibly written or printed in the English language, and
  2. be exhibited in a conspicuous position so as to be clearly visible to, and available for inspection by, any person attending the auction before and during the auction.

This auction is also governed by the terms of use for Sale Ezy to which all users agree when they register for a profile with Sale Ezy. Additional conditions may also be listed int he property documents sections of this property page.

Bidder's Guide

The NSW Department of Fair Trading

Residential and rural property auctions

You will not be able to bid at an auction of residential and rural property in NSW unless you give the selling agent your name and address and show proof of your identity. Your details will be recorded by the agent in the Bidders Record and at the auction (or by email in the case of Sale Ezy's online auction) you will be given a bidder’s number. Registering for an auction does not mean you must bid. Registering simply gives you the right to bid.

Who needs to register?

If you are bidding to buy the property jointly with another person, for example, a spouse or partner, only one of you needs to register.

You need to register if you are bidding for another person or a company, and you need to show the agent a letter of authority from them, authorising you to bid on their behalf. This also applies if you are bidding on behalf of someone on the telephone.

If you are bidding for another person the letter of authority must include the person’s name, address and the number on their proof of identity (eg. driver’s licence). If you are bidding for a company the letter of authority must be on the company letterhead and the ABN will be recorded in the Bidders Record as the company’s proof of identity.

Proof of identity

To register, you must present a card or document issued by government or a financial institution, that shows your name and address, for example:

  • driver’s licence or learner’s permit
  • vehicle registration paper
  • council rates notice.

If you do not have this kind of proof of identity, you can use two documents that together show your name and address. One must show your name and be issued by a government or financial institution, for example:

  • passport
  • Medicare card
  • ATM/Eftpos card
  • credit card or store card
  • birth certificate
  • citizenship papers.

The other must show your address, for example:

  • utilities bill (eg. gas, electricity, telephone)
  • real estate rental agreement
  • statutory declaration stating your address.

When to register

You can register with the selling agent at any time prior to the auction, such as when you inspect the property, or on the day itself. If you pre‑register, you will still need to show the agent your proof of identity on auction day. The agent will then give you your bidder's number.

What happens at registration

The agent will write your name, address and the number of your proof of identity in the Bidders Record and, if you are bidding for someone else or a company, their name, address and proof of identity details. The agent will then give you your bidder’s number, which must be displayed when you bid.

What if I arrive at the auction late?

If you arrive after the auction has started and wish to bid, you will need to quickly find the agent and register or present your proof of identity, if you have pre‑registered. If you need to make a bid immediately, hold up your hand to let the auctioneer know you are going to make a bid after you have registered.

These documents are developed by the NSW Government.

 

Play audio

Bidder's Guide

Where an official bidder's guide isn't mandated or supplied by a state or territory, please refer to the NSW bidder's guide prepared by the Office of Fair Trading. Please scroll past NSW for the South Australia bidding guide and Victoria Schedule 5 and auction information.

NSW Bidder's Guide

Residential and rural property auctions

You will not be able to bid at an auction of residential and rural property in NSW unless you give the selling agent your name and address and show proof of your identity. Your details will be recorded by the agent in the Bidders Record and at the auction (or via email when using Sale Ezy), you will be given a bidder’s number. Registering for an auction does not mean you must bid. Registering simply gives you the right to bid.

Who needs to register?

If you are bidding to buy the property jointly with another person, for example, a spouse or partner, only one of you needs to register.

You need to register if you are bidding for another person or a company, and you need to show the agent a letter of authority from them, authorising you to bid on their behalf. This also applies if you are bidding on behalf of someone on the telephone.

If you are bidding for another person the letter of authority must include the person’s name, address and the number on their proof of identity (eg. driver’s licence). If you are bidding for a company the letter of authority must be on the company letterhead and the ABN will be recorded in the Bidders Record as the company’s proof of identity.

Proof of identity

To register, you must present a card or document issued by government or a financial institution, that shows your name and address, for example:

-driver’s licence or learner’s permit
-vehicle registration paper
-council rates notice.

If you do not have this kind of proof of identity, you can use two documents that together show your name and address. One must show your name and be issued by a government or financial institution, for example:

-passport
-Medicare card
-ATM/Eftpos card
-credit card or store card
-birth certificate
-citizenship papers.

The other must show your address, for example:

-utilities bill (eg. gas, electricity, telephone)
-real estate rental agreement
-statutory declaration stating your address.

When to register

You can register with the selling agent at any time prior to the auction, such as when you inspect the property, or on the day itself. If you pre‑register, you will still need to show the agent your proof of identity on auction day. The agent will then give you your bidder's number (emailed if using Sale Ezy).

What happens at registration

The agent will write your name, address and the number of your proof of identity in the Bidders Record and, if you are bidding for someone else or a company, their name, address and proof of identity details. The agent will then give you your bidder’s number, which must be displayed when you bid.

What if I arrive at the auction late?

If you arrive after the auction has started and wish to bid, you will need to quickly find the agent and register or present your proof of identity, if you have pre‑registered. If you need to make a bid immediately, hold up your hand to let the auctioneer know you are going to make a bid after you have registered.

As soon as you have a bidder’s number, the auctioneer can accept your bids. Return your bidder’s number to the agent after the auction.

Please note: In the case of Sale Ezy, you can register to bid at any time during the auction, however, as the auctioneer is overseeing the auction, it is not guarenteed you will be registered on time. It is highly recommended you register in the days or weeks prior to the auction. 

Your privacy
The agent is not permitted to show the Bidders Record to anyone, including the property owner. Only an authorised person from NSW Fair Trading is permitted to see the Bidders Record.

The agent must store the Bidders Record securely and cannot use it for any purpose.

Auction conditions
This auction is being conducted under certain conditions that are set by law.

The auctioneer will have these conditions on display before the auction so that you can read them. The auction conditions include:

-the highest bidder is the purchaser, subject to any reserve price
-the auctioneer is entitled to make one bid only on behalf of the seller
-before the auction, the auctioneer must announce that the auctioneer is permitted to make one bid on behalf of the seller
-the auctioneer must announce immediately before, or in the process of making the bid, that he/she is making a vendor bid
-the auctioneer can refuse a bid that is not in the interests of the seller
-the auctioneer has no authority to accept a late bid, that is, a bid after the fall of the hammer
-if there is a disputed bid, the auctioneer is the sole arbitrator and makes the final decision
-the successful buyer’s name must be given to the auctioneer as soon as possible.

Successful bids
If you are the successful bidder, you must sign the sale contract and pay a deposit on the spot, usually ten per cent of the purchase price (these conditions may vary for Sale Ezy, depending on the day of the auction and the contract conditions). There is no cooling-off period when you buy at auction.

After the exchange of contracts, your solicitor or conveyancer will carry out various searches on the property. Your solicitor and the seller’s legal representative will then arrange for settlement at which time you must pay the balance of the purchase price.

Dummy bidding and collusion
It is illegal to make dummy bids at an auction.

The seller of the property is entitled to have one bid made on their behalf by the auctioneer. When the seller’s bid is made the auctioneer must announce it as a vendor bid.

If you make dummy bids for the seller, you may be prosecuted and fined up to $55,000. The property seller who asked you to bid can also be fined up to $55,000, as can the agent and the auctioneer if they were involved in the arrangement.

It is an offence to collude with someone to interfere with free and open competition at the auction. This offence carries a maximum fine of $55,000.

Co-owners and executors
A co-owner, executor or administrator or someone bidding on their behalf, may make more than one bid to purchase the property as long as:

-this is outlined in the auction conditions
-the auctioneer has announced this before the start of bidding at the auction
-the auctioneer announces before the start of the auction, the bidder registration number of any co-owner, executor, administrator, or someone bidding on their behalf.

South Australia Bidder Information

Prepared by sa.gov.au

Form R4 Bidder's guide

Guide to the sale of residential property by auction

Land and Business (Sale and Conveyancing) Act 1994 section 24I and section 24J(1)(f)

Under the Act, the real estate agent responsible for this auction must provide each person registered on the bidders register with this guide.

Who needs to register?
Any person who intends to bid at an auction for residential property must register.
Registering for an auction does not mean you must b id. Registering simply gives you the right to bid. You can register with the agent at any time before the auction, such as when you inspect the property, or on the day of the auction.

If you are bidding to buy the property jointly, for example, with a spouse or partner, only one person needs to register, however, only that person will be able to bid at the auction.

If you are bidding on behalf of another person you will need to provide that person’s name and present a copy of a document signed by that person that authorises you to bid on their behalf.

Proof of identity
To register, you must show the agent one of the following*:
• a current document or card issued to you from a Commonwealth, State, Territory or local government authority (e.g. passport, driver’s licence, or pension/health concession card, council or water rates notice)
• a document or card issued to you from a utility company (e.g. an electricity supply company)
• a document or card issued to you by a bank (e.g. visa card)
• a passport issued to you by a foreign government.

*you do not need to leave the document with the agent or allow them to make a copy. If you are bidding on behalf of another person, you must also provide a copy of one of the documents listed above that has been issued to that person. It is against the law to provide false information for entry onto the bidders register.

What happens at registration?
Once you have registered, the agent will provide you with a unique identifier (comprising a number, letter, colour or some other identifying feature). Each time you make a bid you must display this unique identifier.

What if I arrive at the auction late?
Once an auction has commenced, the agent may interrupt the auction to allow you to register. It is up to the agent to determine whether or not to stop the auction to allow you to register. If you are entered on the register you may bid at the
auction. Prescribed standard conditions for auction of residential property
Apart from any conditions of auction that the agent also displays at the auction, the following prescribed standard conditions will apply to all auctions of residential land:

a) any person may bid in the auction in person, or by their proxy or representative, subject to the conditions of auction;
b) the vendor’s reserve price will be as recorded in the auction record;
c) to make a bid a person must be registered in the bidders register, having satisfied the requirements as to proof of identity and, if applicable, authority to bid as a proxy or representative;
d) the auctioneer will only accept a bid if the person making the bid displays a unique identifier (comprising a number, letter, colour, or some other identifying feature) allocated to the person by the auctioneer
e) the auctioneer will, when accepting a bid, audibly announce the unique identifier so displayed by the bidder;
f) the auctioneer may refuse a bid if of the opinion that it is not in the best interests of the vendor, and will not be obliged to give any reason for refusing a bid;
g) the auctioneer may make bids on behalf of the vendor but not more than 3 such bids and only for amounts below the reserve price; any such bid will be audibly announced by the auctioneer as a “vendor’s bid”;
h) bidding increments will be accepted at the discretion of the auctioneer;
i) the person accepted by the auctioneer as having made the highest bid at or above the reserve price will be the purchaser and that bid will be the purchase price;
j) the auctioneer will not accept a bid made after the fall of the auctioneer’s hammer;
k) unless otherwise agreed in writing by the purchaser and the vendor before the commencement of the auction—
i) a contract for the sale of the property, in the form displayed by the auctioneer at the auction, will be completed and signed by or on behalf of the purchaser and the vendor immediately after the fall of the hammer; and
(ii) the purchaser will pay a deposit immediately after the fall of the hammer, as specified in the conditions of auction*;
l) the auctioneer will have irrevocable authority, after the fall of the auctioneer’s hammer, to complete and sign the contract on behalf of the purchaser or the vendor, or both; completion and signing under that authority will be at the auctioneer’s discretion in the event of breach by the purchaser of any of the conditions of auction;
m) the cooling-off rights under section 5 of the Land and Business (Sale and Conveyancing) Act 1994 do not apply to a sale by auction or a sale on the day of auction to a person who has made a bid in the auction (whether in person or by their proxy or representative).

*NOTE: Conditions of auction includes conditions displayed by the auctioneer at the auction as conditions of the auction, together with the standard conditions set out above.

Dummy and vendor bidding
It is against the law for the vendor of the property, or a person acting on behalf of the vendor, to make a bid at the auction. This type of activity is called dummy bidding and can attract a maximum penalty of $20,000.

However, the vendor of the property is entitled to have up to three bids made on their behalf by the auctioneer, who must announce each such bid as a ‘vendor bid’.

The amount of a vendor bid must be less than the vendor’s reserve price.

Interrupting auctions
It is against the law to knowingly prevent a rival bidder from freely bidding at an auction, or to harass a bidder.

It is also against the law to do anything with the intention of preventing, causing a major disruption to, or causing cancellation of an auction. A maximum penalty of $20,000 applies.

Cooling-off period
There is no cooling-off period when you buy at auction. If you are the successful bidder at auction no further bids can be made or accepted. You must then sign a binding sale contract as soon as possible after the conclusion of the auction. You will usually be required to pay a deposit at the time. The deposit amount is usually around 10% of the purchase price, however you may seek to negotiate a lesser amount with the agent before the auction.

If the property is passed in at auction and if you made a bid at the auction then any sale contract you enter into before midnight on the same day as the auction, as a result of further negotiations with the vendor, is not subject to a cooling-off period.

Your privacy
The agent is not permitted to disclose information on the bidders register to anyone unless required to by an authorised person under the Fair Trading Act 1987.

Disclaimer: This publication is a plain language guide to your rights and responsibilities. It must not be relied upon as legal advice. For more information please refer to the appropriate legislation or seek independent legal advice.

Form R5 Collusive Practices
Collusive practices at auctions of land or a business

Land and Business (Sale and Conveyancing) Act 1994 section 24L
Land and Business (Sale and Conveyancing) Regulations 2010 regulation 28

Section 24L of the Land and Business (Sale and Conveyancing) Act 1994 makes it unlawful to engage in collusive practices in relation to an auction of land or a business. Under that section a person must not do any of the following as a result of a collusive practice, or induce or attempt to induce another person by a collusive practice to do any of the following:

(a) abstain from bidding;
(b) bid to a limited extent;
(c) do anything else that might tend to prevent free and open competition.

The maximum penalty for committing such an offence is $20 000.

* “Collusive practice” is defined in section 24L(4) of the Act. If you are intending to bid at an auction and are unsure whether your activity constitutes a collusive practice, it is advisable to seek independent legal advice.

NOTE: At auctions of land or businesses this form must be made available for perusal by members of the public for at least 30 minutes immediately before the auction is due to commence.

Form R3
Buyers information notice

Land and Business (Sale and Conveyancing) Act 1994 section 13A
Land and Business (Sale and Conveyancing) Regulations 2010 regulation 17

Before you buy a home there are a number of things that you should investigate and consider. Though itmay not be obvious at the time, there could be matters that may affect your enjoyment of the property, the safety of people on the property or the value of the property.

The following questions may help you to identify if a property is appropriate to purchase. In many cases the questions relate to a variety of laws and standards. These laws and standards change over time, so it is important to seek the most up to date information.
Various government agencies can provide up to date and relevant information on many of these questions. To find out more, Consumer and Business Services recommends that you check the website: www.cbs.sa.gov.au

Consider having a professional building inspection done before proceeding with a purchase.
A building inspection will help you answer some of the questions below.
The questions have been categorised under the headings

Safety
• Is there asbestos in any of the buildings or elsewhere on the property eg sheds and fences?
• Does the property have any significant defects eg cracking or salt damp? Have the wet areas been waterproofed?
• Is the property in a bushfire prone area?
• Are the electrical wiring, gas installation, plumbing and appliances in good working order and in good condition? Is a safety switch (RCD) installed? Is it working?
• Are there any prohibited gas appliances in bedrooms or bathrooms?
• Are smoke alarms installed in the house? If so, are they hardwired?
Are they in good working order and in good condition? Are they compliant?
• Is there a swimming pool and/or spa pool installed on the property? Are there any safety barriers or fences in place? Do they conform to current standards?
• Does the property have any termite or other pest infestations? Is there a current preventive termite treatment program in place? Was the property treated at some stage with persistent organochlorins (now banned) or other toxic termiticides?
• Has fill been used on the site? Is the soil contaminated by chemical residues or waste?
• Does the property use cooling towers or manufactured warm water systems? If so, what are the maintenance requirements?

Enjoyment
• Does the property have any stormwater problems?
• Is the property in a flood prone area? Is the property prone to coastal flooding?
• Does the property have an on-site wastewater treatment facility such as a septic tank installed? If so, what are the maintenance requirements? Is it compliant?
• Is a sewer mains connection available?
• Are all gutters, downpipes and stormwater systems in good working order and in good condition?
• Is the property near power lines? Are there any trees on the property near power lines?
Are you considering planting any trees? Do all structures and trees maintain the required clearance from any power lines?
• Are there any significant trees on the property?
• Is this property a unit on strata or community title? What could this mean for you? Is this property on strata or community title? Do you understand therestrictions of use and the financial obligations of ownership? Will you have to pay a previous owner's debt or the cost of planned improvements?
• Is the property close to a hotel, restaurant or other venue with entertainment consent for live music? Is the property close to any industrial or commercial activity, a busy road or airport etc that may result in the generation of noise or the emission of materials or odours into the air?
• What appliances, equipment and fittings are included in the sale of the property?
• Is there sufficient car parking space available to the property?

Value
• Are there any illegal or unapproved additions, extensions or alterations to the buildings on the property?
• How energy efficient is the home, including appliances and lighting? What energy sources (eg electricity, gas) are available?
• Is the property connected to SA Water operated and maintained mains water? Is a mains water connection available? Does the property have a recycled water connection? What sort of water meter is located on the property
(a direct or indirect meter – an indirect meter can be located some distance from the property)? Is the property connected to a water meter that is also serving another property?
• Are there water taps outside the building? Is there a watering system installed? Are they in good working order and in good condition?
• Does the property have alternative sources of water other than mains water supply (including bore or rainwater)? If so, are there any special maintenance requirements? For more information on these matters visit: www.cbs.sa.gov.au

Disclaimer: There may be other issues relevant to the purchase of real estate. If you are unable to ascertain enough information about the questions raised in this form and any other concerns you may have we strongly recommend you obtain independent advice through a building inspection, a lawyer, and a financial adviser.

Victoria: Schedule 5 and auction information

Schedule 5
Sch. 5
Regulation 6

Information Concerning the Conduct of Public Auctions of Land

Meaning of vendor

The vendor is the person who is selling the property that is being auctioned. There may be more than one vendor. Where there are two or more vendors, they are selling the property as co‑owners.

Bidding by co-owners

Where there are two or more vendors of the property, one or some or all of them may bid to purchase the property from their co-owners. The vendor or vendors intending to bid to purchase the property can make these bids themselves, or through a representative, but not through the auctioneer.

Vendor bids

The law of Victoria allows vendors to choose to have bids made for them by the auctioneer. If this is the case, it will be stated as the first rule applying to the auction. However, these bids cannot be made for a co-owner intending to bid to purchase the property from their co-owner or co-owners.

The auctioneer can only make a vendor bid if —

-the auctioneer declares before bidding starts that the auctioneer can make bids on behalf of a vendor, and states how these bids will be made; and
-the auctioneer states when making the bid that it is a bid for the vendors. The usual way for an auctioneer to indicate that the auctioneer is making a vendor bid is to say 'vendor bid' in making the bid.

What rules and conditions apply to the auction?

Different rules apply to an auction depending upon whether there are any co-owners intending to bid to purchase the property from their co‑owners, and whether vendor bids can be made. The auctioneer must display the rules that apply at the auction.

It is possible that a vendor may choose to have additional conditions apply at the auction. This is only allowed if those additional conditions do not conflict with the rules that apply to the auction or any other legal requirement. The additional conditions are usually contained in the contract of sale.

Copies of the rules

Sch. 5
The law requires that a copy of the rules and conditions that are to apply to a public auction of land be made available for public inspection a reasonable time before the auction starts and in any case not less than 30 minutes before the auction starts.

Questions

A person at a public auction of land may ask the auctioneer in good faith a reasonable number of questions about the property being sold, the contract of sale, the rules under which the auction is being conducted and the conduct of the auction.

Forbidden activities at auctions

The law forbids any of the following—

-any person bidding for a vendor other than—
a. the auctioneer (who can only make bids for a vendor who does not intend to purchase the property from their co‑owner or co‑owners); or
b. a representative of a vendor who is a co-owner of the property wishing to purchase the property from their co‑owner or co‑owners;
-the auctioneer taking any bid that the auctioneer knows was made on behalf of the vendor, unless it is made by a vendor (or their representative) who is a co-owner wishing to purchase the property;
-the auctioneer acknowledging a bid if no bid was made;
-any person asking another person to bid on behalf of the vendor, other than a vendor who is a co-owner engaging a representative to bid for them;
-any person falsely claiming or falsely acknowledging that they made a bid;
-an intending bidder (or a person acting on behalf of an intending bidder) harassing or

-interfering with other bidders at a public auction of land.

Substantial penalties apply to any person who does any of the things in this list.

Who made the bid?

Sch. 5
At any time during a public auction of land, a person at the auction may ask the auctioneer to indicate who made a bid. Once such a request has been made, the auctioneer is obliged by law to comply with such a request before taking another bid.

It is an offence to disrupt an auction

The law forbids an intending bidder or a person acting on behalf of an intending bidder from doing any thing with the intention of preventing or causing a major disruption to, or causing the cancellation of, a public auction of land.

The cooling off period does not apply to public auctions of land

If you purchase a property that has been offered for sale by public auction either at the auction or within 3 clear business days before or after the auction, there is no cooling off period.

What law applies

The information in this document is only intended as a brief summary of the law that applies to public auctions of land in Victoria. Most of the laws referred to in this document can be found in the Sale of Land Act 1962 or the Sale of Land (Public Auctions) Regulations 2014. Copies of those laws can be found at the following web site: www.legislation.vic.gov.au under the title "Victorian Law Today".

If you are the successful bidder at auction:

you will be offered a contract on the same terms that were on display before the auction. You cannot make the contract subject to any further conditions (for example, obtaining finance or having a longer settlement period) unless the vendor agrees to them. There is no cooling-off period.

Before you bid:

research the market, search the internet, attend auctions, speak with several estate agents and monitor auction results get independent, expert help on legal, finance and building matters.

An auction is a public sale, usually conducted by an estate agent acting as an auctioneer, and governed by strict rules.

The auction is advertised for a specific place, time and date. Prospective buyers bid and the property is offered to the highest bidder.

There is an advertising campaign with open house inspections for several weeks leading up to the auction date. In the lead-up, the agent may contact you to gauge your level of interest.

On the day of the auction, the property may be open for inspection, generally half an hour before the bidding starts. This gives you a chance to have a final look at the property, the relevant paperwork and the auction rules.

By bidding, you accept the terms of the contract on display before the auction, so you will not be able to negotiate matters such as a longer settlement period.

Pre-auction offers

If the seller has agreed to consider pre-auction offers, you can make an offer through an agent prior to an auction.

Your offer will usually be in the form of a signed contract and the process of negotiation is the same as buying by private sale.

If your offer is accepted less than three clear business days before the auction date, you do not get a cooling-off period (time to change your mind).

Auction conduct

There are strict rules about how an auctioneer runs an auction, and how people attending must behave.

The auction rules and the auction information statement outlining Victoria's auction laws, must be on display: for at least 30 minutes before an auction starts at the place where the auction will take place.

The auction rules, information statement and announcements the auctioneer must make are set out in the Schedules to the Sale of Land (Public Auctions) Regulations 2014. Substantial penalties may apply to anyone who breaks the auction rules.

Before bidding starts, the auctioneer must tell bidders:

-the auction will be conducted according to the auction rules
-the rules prohibit bids being accepted after the fall of the hammer
-bidders will be identified on request
-it is against the law to make a false bid, hinder another bidder, or in any way intentionally disrupt an auction
-substantial fines apply to anyone who engages in illegal auction conduct
-whether or not there will be vendor or co-owner bids
-any additional conditions that apply to the auction.

It is illegal to disrupt an auction, but you can still ask questions. During the auction, anyone can askthe auctioneer a reasonable number of questions about the property, the contract, or the auction.If you are bidding, you can also ask the auctioneer to indicate who else made a bid.

Bidding at auction

Auctioneers have different ways of conducting an auction. Generally, they aim to encourage as many bidders as possible to compete, to achieve the highest possible price.

The auctioneer can set the amount by which bids increase. These are called rises or bidding advances.

You can bid at the amount stated by the auctioneer or offer an alternative amount. The auctioneer may choose to accept or reject that bid.

Be clear about your bidding limit. To bid successfully:

-bid confidently
-ask relevant questions of the auctioneer, including who made a bid.

Generally, the amount the bidding advances will decrease as the auction draws to a close.

The auctioneer may:

-refuse a bid at any time during the auction, including when the auction hammer is falling
-if there is a dispute over a bid, resume the auction at the last undisputed bid or start the bidding again
-refer a bid to the seller at any time before the conclusion of the auction
-withdraw the property from sale at any time.
-Vendor and co-owner bids

Vendor and co-owner bids are allowed at auctions. If these bids are to be made at an auction, the arrangements for making vendor and co-owner bids must be:

-set out in the rules displayed before the auction starts announced by the auctioneer at the start of the auction.

Vendor bid:

The auctioneer bids on behalf of the seller because the seller is not satisfied with the amount of the last bid.

This type of bid:

can only be made by the auctioneer must be announced by the auctioneer when the bid is made.

Co-owner bid:

When a property is jointly owned, one or more of the owners who genuinely wants to buy the property may bid from the crowd.

Co-owners may bid themselves or through a representative in the crowd but not through the auctioneer.

The arrangements for making vendor and co-owner bids must be:

set out in the rules displayed before the auction starts announced by the auctioneer at the start of the auction.

Dummy bidding

All dummy bids are illegal and attract significant penalties.

A dummy bid is either a bid:

-made by the vendor, in circumstances where the:

-auction rules do not allow for such bids; and
-auctioneer has not orally announced that such bids are allowed before the commencement of the auction.
-made by a person who knows that the bid is being made on behalf of the vendor.

An auctioneer must not:

-accept a bid at the auction if they know the bid was made by, or on behalf of the vendor, unless the bid was in accordance with the law and the auction's rules on vendor bids
falsely acknowledge a bid, where no bid was made.

Also, it is an offence for any person to procure another person to make a bid at an auction that is against the law.

Auction language: 'on the market' and 'passed in'

On the market

The auctioneer may halt proceedings and say they are 'going inside' or 'seeking advice or instructions' from the seller. They use this time to discuss the progress of the bidding with the seller.

If the bidding has reached or is close to the reserve price (the lowest price at which the seller will sell), the auctioneer will ask the seller if they will sell at the highest bid.

If so, the auctioneer will say the property is 'on the market'. Bidding will continue and the property will be offered to the highest bidder, at the seller's discretion.

Passed in

If bids do not meet the seller's reserve, the auctioneer will seek more bids. If bids still do not meet the reserve, the property may be 'passed in' or 'withdrawn from auction'.

The highest bidder then gets first right to negotiate with the seller.

When is the property sold at auction?

There is no legally binding contract until both buyer and seller have signed the contract of sale.

If you are the successful bidder at the auction, you:

-will be asked to immediately sign the contract in the terms that were on display prior to the start of the auction
-cannot make the contract subject to conditions without the agreement of the vendor
-will not have a cooling-off period
-sign the contract before the seller, to make your formal offer to buy the property. The seller accepts your offer by also signing the contract
-have to pay the deposit specified in the contract (unless otherwise agreed).
-when you and the seller have signed the contract and the deposit has been paid, the sale is binding and enforceable.

The sale is finalised at settlement when:

-all checks have been made
-the title and transfer documents have been exchanged
-the balance of the purchase price has been paid.

Paying a deposit at auction

When you sign the contract of sale after an auction, you will need to provide a deposit. There are no laws about the amount of deposit but it is usually 10 per cent of the purchase price.

Deposits can be made in any way depending on the terms and conditions set by the selling agent. Before the auction, check with the agent what options are available to pay the deposit.

If you are using a bank cheque to pay the deposit, your cheque will be for 10 per cent of the amount you are prepared to pay for the property. This means that if you buy the property for less than you expected, your deposit will be more than 10 per cent.

Before the auction you can ask the seller if they will accept a part deposit with the remaining amount due on a specified date. This would require a change to the contract. The seller may or may not agree to this arrangement.

The deposit must be held by the seller's estate agent, conveyancer or legal practitioner in a trust account until the settlement date. The deposit can be released to the seller before settlement, if you agree.

A seller who does not have an estate agent and takes your deposit directly must either:

-pay it to their legal practitioner or conveyancer
-bank it in a special purpose account in an authorised deposit-taking institution in Victoria.

The account
-must be in both the seller's and your name.


These documents are developed by the Victorian Government.

 

 

 

General terms and conditions

TERMS AND CONDITIONS OF ACCESS AND USE

PART A – What are these terms and conditions about?

PART A – What are these terms and conditions about?

1. Accessing the Website.
1.1 These terms and conditions set out the provisions that apply to any person wishing to access and use this Website and become a Member of Sale-Ezy. They form a legally binding and enforceable agreement between such user (‘You’) and Sale-Ezy.com Pty Ltd ACN 126 608 697 (‘Sale-Ezy’).

1.2 By registering to become an observer, a seller, a buyer, or agent you become a member (‘Member’) of Sale-Ezy and agree to be bound by these Terms and Conditions of Use and Access, operating rules and Privacy Policy as amended from time to time. By continuing to access the Website you are agreeing to these Terms and Conditions of Use and Access as amended from time to time.

2. Sale-Ezy’s Service.
2.1 The Website. Sale-Ezy provides an online platform via this website (the ‘Website’) for Sellers to list:
a. land or any part thereof including fixtures as well as any chattels or personal property nominated by the Seller (‘Real Estate’); and
b. a business or businesses (‘Businesses’)

for sale and for Buyers to bid to purchase the Real Estate and Businesses.

2.2 Sale-Ezy’s Role in any Transaction. Whilst Sale-Ezy provides the platform for the Seller and Buyer entering into a legally binding and enforceable contract for the sale & purchase of Real Estate or Businesses via this Website, Sale-Ezy:

a. is not an auctioneer, real estate agent, stock and station agent or business agent and does not purport to be;
b. is not a party to the offer or sale of land and real property;
c. does not own the Real Estate or Businesses listed for sale on the Website; and
d. its role is limited to providing the platform for the sale of the Real Estate & Businesses listed on the Website.

Accordingly, Sale-Ezy does not warrant and is not responsible to a registered user:

e. in the event a seller or buyer of Real Estate or a Business listed for sale on the Website fails to complete a transaction as envisaged under these Terms and Conditions of Use and Access;
f. for the completion of the sale of any Real Estate or Business listed on the Website;
g. the state and condition of any Real Estate and the profitability of any Business listed on the Website; and
h. for verifying the material, content and information on the Website.

PART B – Use of content and information on the Website

3. Intellectual Property. Copyright in the works comprising this Website and it content is owned by Sale-Ezy and/or third parties. Sale-Ezy reserves all other intellectual property rights. The content and information provided on the Website is provided for personal use only and may not be:

3.1 Re-sold and/or re-distributed in any material form;

3.2 Stored in any storage media; and/or

3.3 Re-transmitted in any media,

Without the prior written consent of Sale-Ezy.

4. Prohibited Use. Except for the limited use set out in paragraph 3 you may not use the Website, or its content for:

4.1 The reproduction, distribution or retransmission of the content in any form;

4.2 Uploading and or/reposting the content to any other website “framing” the content on the Website with other content on any other website.

5. Permitted Use. You may download and/or print content from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices.

6. Copy and Modifying. You may not copy or modify:

6.1 The look and feel of the Website; and

6.2 Any computer software design and/or code contained in the Website, or replicate any of the functionality without explicit, written permission from Sale-Ezy.

7. Third Party Sites. The Website contains links or refers to websites owned and operated by third parties (each a “Third Party Site”) as a convenience to you. The existence of those links or references does not imply any endorsement by Sale-Ezy of the Third Party Site. Sale-Ezy has no control or influence in respect of content and information contained on Third Party Sites.

8. No Warranty or Reliance. Sale-Ezy provides information, and makes the Website available for others to provide information, for general information purposes only without assuming a duty of care to users. Sale-Ezy is not in the business of providing professional advice and gives no warranty, guarantee or representation about the quality, accuracy, reliability, merchantability, fitness for any particular purpose or timeliness or otherwise, of the information contained on the Website and/or Third Party Sites. You must not rely on any statement contained in the Website or Third Party Site and Sale-Ezy encourages its Members to take specialist advice and make their own enquiries prior to participating in any auctions via the Website. While Sale-Ezy endeavours to ensure the accuracy and completeness of the information contained in the Website, it accepts no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.

9. Verification of Identity. Sale-Ezy uses a recognised third party supplier to undertake verification of identity of its Members. While Sale-Ezy endeavours to ensure the accuracy of identification, Sale-Ezy accepts no responsibility for any loss or damage You may suffer as a result or your reliance on the third-party supplier’s verification of identity.

10. No Liability for Use. Sale-Ezy will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

10.1 Acting, or failing to act, on any information contained on or referred to on the Website and/or any Third Party Site; and

10.2 Using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or Third Party Site.

11. Viruses and Error. Sale-Ezy does not warrant, guarantee or make any representation that:

11.1 The Website or any Third Party Site, or the servers that make them available are free of software viruses;

11.2 The functions effected by the software contained on the Website or Third Party Sites will operate uninterrupted or are error-free; or

11.3 Error and defects in the Website or any Third Party Site or the software contained in them will be corrected in a timely manner or at all.

However, Sale-Ezy has gone to all reasonable lengths (in some cases beyond) to protect against and prevent such issues.

12. No Liability for Defects. Sale-Ezy is not liable to you for:

12.1 Errors or omissions in the Website or any Third Party Site;

12.2 Delays to, interruptions of or cessation of the services provided in the Website, or any Third Party Site including servers; and

12.3 Defamatory, offensive or illegal conduct of any user of the Website or any Third Party Site,

Whether caused through negligence of Sale-Ezy, its employees or independent contractors, or through any other cause.

13. Repairs. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as of consequence of you accessing the Website.

14. Limitation of Liability. The disclaimers and exclusions in these terms and conditions may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law Sale-Ezy’s liability for any implied warranty or condition is limited at the choice of Sale-Ezy , to one or more of the following:

14.1 If the breach of an implied warranty or condition relates to services:

a. The supply of the services again; or
b. The payment of the cost of having the services supplied again.

14.2 If the breach of an implied warranty or condition relates to goods:

a. The replacement of the goods or the supply of equivalent goods;
b. The repair of such goods;
c. The payment of the cost or replacing the goods or acquiring equivalent goods, or having the goods repaired.

PART C – Terms and conditions relating to the providing of information about your product or service for uploading on to the Website.

15. Membership.

15.1 If you are applying to become a Member as an individual, you expressly represent and warrant that you have the capacity under the applicable laws of the state or territory:

a. in which you are a resident; and
b. in which the Real Estate or Business is located

to enter into a legally binding contract.

15.2 If you are applying to become a Member as an entity, you expressly represent and warrant that you have been duly authorized by your company, trust, partnership, or other legal entity to enter into agreements on behalf of that entity.

15.3 If you are accessing and using the Website as a an agent you represent and warrant that:

a. you are the holder of a real estate agent, stock and station agent or business agent licence in the state or territory in which the Real Estate or Business is located or are otherwise employed by a licenced real estate agent, stock and station agent or business agent and hold a certificate of registration in that state or territory (if required) to act under the authority of that real estate agent; and

b. your real estate licence, stock and station agent or business agent licence permits you to lawfully act on behalf of a principal as an agent in respect to the sale or purchase of the Real Estate or Business that you have been commissioned to act on and that you have the authority as required by the laws and regulations of the state or territory in which the Real Estate or Business is located to so act on the principal’s behalf.

15.4 Each Member expressly agrees to:

a. provide complete and accurate information about the Member or their principal as the case may be as required and requested by Sale-Ezy;
b. maintain and update the requested information as required to keep it current, complete and accurate; and
c. undertake a verification of identity check (‘VOI’) as and when directed by Sale-Ezy.
d. agree to the terms and conditions of sale for the Real Estate or Business, including these terms & conditions, any conditions contained in the contract for sale & purchase as well as any auction conditions that apply to the sale.

16. Warranties of Members. You represent and warrant in relation to any content and/or information you provide to the Website that:

16.1 You are authorised to provide the content and /or information;

16.2 The content and/or information is not defamatory or a malicious falsehood in relation to any product, service, person, corporation governmental agency or other legal entity (‘person’);

16.3 The content and/or information is not a ‘passing off’ of any product or service and does not constitute unfair competition;

16.4 The content and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright of any other person; and

16.5 The content and/or information does not infringe any legislation or regulation of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading
Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in
relation to the Website or any law in any country where the content and/or information is or will be available electronically to users of this Website.

17. False Information. If any information provided by Member is incomplete or inaccurate, Sale-Ezy retains the right to terminate Member’s rights to use the site. Providing false or fraudulent Member information could subject a Member to criminal or civil liability as well as being a breach of these Terms and Conditions of Use and Access. Member may change personal information on its existing membership account only to update the Member account.

18. Denial of Access. The site is a private venue and as such Sale-Ezy may at its sole discretion deny access to its site, and for any reason or for no reason.

19. Username & Password. Once a party becomes a Member of the Site, the Member will select a username and a password. Members are entirely responsible for maintaining the confidentiality of their usernames and passwords. Furthermore, Members are entirely responsible for any and all activities which occur under a Member’s username and password.

20. Unauthorised Access. Members agrees to immediately notify Sale-Ezy of any unauthorized use of Member’s username or any other breach of security known to Member. Sale-Ezy may terminate the membership of any Member due to the misuse, improper use or unauthorized use of their username, password or this site. Sale-Ezy shall not be responsible and the Member shall hold harmless Sale-Ezy for any loss or damage arising from the misuse, improper use or unauthorized use of their username, password or this site.

21. Licence. By uploading any content which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the ‘intellectual property’) on to the Website, you are granting Sale-Ezy a perpetual, non-exclusive and payment-free licence throughout the world to:

21.1 Reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by the intellectual property law in any jurisdiction in which the Website is available to users; and

21.2 Allow Sale-Ezy to sub-license others the same rights granted to Sale-Ezy in (a) above.

22. Power to Remove. In relation to any content and/or information included on the Website, Sale-Ezy may remove any content and/or information, including but not limited to links to other sites at any time without giving any explanation or justification for removing the content and/or information.

23. Costs. Sale-Ezy and its respective officers, employees and agents have no liability for any cost, losses or damages of any kind, which you may incur, arising whether directly or indirectly from or in connection with your uploading of content onto or other use of the Website, which costs are entirely to your account. This applies in relation to or in connection with any content and/or information supplied in respect of advertising on the Website; and as a consequence of removing any content and/or information from this Website.

24. Indemnity. You will at all times indemnify and keep indemnified Sale-Ezy and its respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out or, in connection with or in respect of any breach of these terms and conditions by you; and publication of or distribution of the content and/or information supplied by you

PART D – Sales on the Website

25. Real Estate and Business Listings.

25.1 The Real Estate and Businesses listed on the Website will have a description, a hyperlink to a contract for sale & purchase and auction conditions (if required) and any other document as may be necessary or desirable.

25.2 The Seller or their Agent representative must:

a. accurately describe the real estate or business in a listing provided for inclusion on the Website and shall be liable for any misstatements or omissions in such description;
b. upload to the Website, a contract for sale and purchase (and any other required document, written or audible) that complies with the laws, regulations and rules of the jurisdiction in which the Real Estate or Business is located, including a copy of any certificates or warranties required in a contract for the sale and purchase of Real Estate or a Business and conditions for the sale of real estate and business by way of the auction; and
c. pay in full to Sale-Ezy upon demand Sale-Ezy’s fees & charges as notified & described on the Website or as otherwise agreed to by Sale-Ezy.

d. Audibly read the conditions of the auction to commence the auction and any other documents required to be audibly read according to the relevant legislation and auction conditions for the state or territory within which the property is listed. The auctioneer nominates Sale Ezy to act as a vocal proxy to announce the agreed auction conditions in situations where the auctioneer may not be audible to all.

The Seller and their Agent representative acknowledge that Sale-Ezy is under no obligation to list the real estate or business on the Website till such time as the obligations contained in subclauses 25.2(a) -25.2(c) have been complied with.

26. Who can Bid.
26.1 Buyers must be capable of forming legally binding relations under the law and regulations of the state or territory where the Real Estate or Business is located. The services provided by Sale-Ezy are not available to individuals under the age of 18 years old and any other individuals who are legally prohibited from or otherwise incapable of entering into binding contracts.

26.2 Buyers:

a. must be registered:
    i. as a Member of Sale-Ezy prior to bidding on any Real Estate or Business listed for sale on the Website; and
    ii. as a bidder for each item of Real Estate or Business the Member proposes to bid for.
b. have their identity verified by:
    i. the listing agent for any Real Estate or Business the Buyer proposes to bid for or an employee of that real estate agent, stock & station agent or business agent; or
    ii. in the event the Real Estate or Business is offered for sale without a listing agent, the Bidder’s solicitor
and agree to produce one or more of the following identity documents as proof of identity:
    iii. for an Australian citizen or resident:
        A. an Australian passport or foreign passport; and
        B. an Australian drivers licence or card issued by the Commonwealth or any State or Territory showing a photograph or the holder and enabling the holder to evidence their age and/or their identity; or
        C. a full birth certificate or citizenship certificate or descent certificate and a Medicare or Centrelink;
        D. an Australian passport or foreign passport; or
        E. or by an authorised deposit taking institution.
    iv. For persons who are not Australian citizens or residents:
        A. A foreign passport; and
        B. Another form of government issued photographic identity document; and
        C. A change of name or marriage certificate if necessary.
c. authorises Sale-Ezy to submit to the listing real estate agent any data stored or recorded by Sale-Ezy for the compilation of the Bidders Record, including but not limited to:
    i. the Buyer’s name and address;
    ii. the number allocated to the Buyer by Sale-Ezy for the purposes of the sale; and
    iii. a log of the bid/s made by the Buyer for the Real Estate.
d. agree to the terms and conditions of sale for the Real Estate, including these terms & conditions, any conditions contained in the contract for sale & purchase as well as any auction conditions that apply to the sale.
e. agree and consent to be bound by these conditions of use and access, the conditions contained in the contract for sale & purchase of the Real Estate or Business and by the terms and conditions of auction.

f. consent to signing an electronic contract immediately if they are the successful buyer or to sign and execute a contract by whatever means are legally binding within the time constraints that legally apply within the State or Territory of their purchase .

27. Who can Sell.

27.1 Sellers must:
a. be the rightful owners of the Real Estate or Business or otherwise authorized by the owners of such Real Estate or Business, a court of law, or under a power of attorney to sell the Real Estate or Business they have listed on the Website and must upon request by Sale-Ezy or the listing real estate agent, produce evidence of ownership and/or authorization to sell on the Website; and
b. have their identity verified by:
    i. the listing agent for any Real Estate or Business the Seller has entered into an agency agreement for the Real Estate or Business or an employee of that real estate agent, stock & station agent or business agent; or
    ii. in the event the Real Estate is offered for sale without a listing real estate agent, the Seller’s solicitor and agree to produce one or more of the following identity documents as proof of identity:

   iii. for an Australian citizen or resident:

        A. an Australian passport or foreign passport; and
        B. an Australian drivers licence or card issued by the Commonwealth or any State or Territory showing a photograph or the holder and enabling the holder to evidence their age and/or their identity; or
        C. a full birth certificate or citizenship certificate or descent certificate and a Medicare or Centrelink;
        D. an Australian passport or foreign passport; or
        E. or by an authorised deposit taking institution.

    iv. For persons who are not Australian citizens or residents:
        A. A foreign passport; and
        B. Another form of government issued photographic identity document; and
        C. A change of name or marriage certificate if necessary.
c. provide a contract for sale containing all relevant documents and certificates to offer the Real Estate or Business for sale by auction as required by the state or territory in which the Real Estate of Business is located.
d. nominate an agent or otherwise upload & enter a description of the Real Estate or Business and provide all relevant details of the Real Estate or Business to Sale-Ezy
e. provide pest and building inspection reports from an accredited / licensed building inspector and pest inspector as required by Sale-Ezy and/or the state or territory of the listed property.
f. provide a valuation report or comparable sales report except where the Seller has nominated a real estate agent, stock & station agent or business agent as the listing agent in which case the Seller’s agent is to provide a comparable property report made available to the Seller to ascertain the market value of the Real Estate or Business.
g. agree and consent to be bound by these conditions of use and access, the conditions contained in the contract for sale & purchase of the Real Estate, by the terms and conditions of auction and to pay upon demand any fees and charges of Sale-Ezy.

h. consent to signing an electronic contract immediately upon hammer fall and the sale of the property. or to sign and execute a contract by whatever means are legally binding within the time constraints that legally apply within the State or Territory of their sales contract.

27.2 The Seller acknowledges and agrees that Sale-Ezy does not provide any representations with regard to the ability of the Bidder to pay the Seller the bid price for the real estate being sold.

27.3 Unless otherwise agreed to by Sale-Ezy in writing, the Seller agrees that Sale-Ezy will be the sole selling mechanism for each listed item of real estate for the term of the listing online and the item of Real Estate is not offered for Sale simultaneously by another method or as a Non Exclusive listing with any other medium.

27.4 Auctioneers acting on behalf of a Buyer or Seller must be qualified and accredited for the field of real estate or agency practise under the relevant State legislation under which they are conducting auctions They must display their licence number as Auctioneer and meet all requirements of an Auctioneer throughout the auction process.

28. Auctions on Sale-Ezy

28.1 Unless otherwise nominated by the Seller, all Real Estate and Business may be offered for sale using all three stages of the Sale Ezy three-stage progressive auction system: best offer, final call and best offer.The auctioneer nominates Sale Ezy to act as a vocal proxy to announce the agreed auction conditions and schedules in situations where the auctioneer may not be audible to all buyers and participants, and likewise, to announce the bidder number and 'vendor/co-owner bid' as required.

28.2 In the event the initial stage of ‘best offer’ has not concluded with a successful sale, the auction process continues and bids for the purchase of the Real Estate or Business can be made from the commencement of the final Call stage of the Auction, the procedures of which are described below at clause 30.

28.3 During the three-stage progressive auction:

a. the auctioneer may refuse to accept any bid that, in the auctioneer’s opinion, is not in the best interest of the seller;
b. the Seller must, prior to the commencement of any auction, on the Website nominate and set:
    i. a reserve price and have this recorded by the Seller’s nominated agent/auctioneer. In the event the Seller has not commissioned an agent for the sale of the Real Estate or Business then the Seller must record the reserve price within the Sale-Ezy platform prior to the commencement of the auction.

    ii. a minimum bid price for the Real Estate or Business, which will be published and shown on the auction listing for the Real Estate or Business on the Website for the period of the auction during the best offer stages to indicate an acceptable starting bid (except in Victoria and Queensland), and at the commencement of final call, to be replaced by the minimum next bid, when each bid is made. For properties listed in Queensland, or with a $0 value for the base price, the $0 value is not a price guide for the property or an indication of the value of or asking price for the property. For all properties, the minimum bid price is not an indication of expected selling price, it is the lowest acceptable bid to commence the auction; bids under this price will be automatically rejected as they are not in the best interest of the vendor. The Minimum Bid must be set within the 10% expected selling price range.

c. the reserve price set by the Seller cannot be increased during the final call stage of the auction but may be reduced to meet the market or an offer acceptable to the Seller. The reserve price will not be published on the Website.
d. if there are no bids at or above the reserve price, then the Seller is not obligated to sell the Real Estate.
e. No bids can be made during an auction for an amount that is less than the Minimum Bid nominated by the Seller.
f. The Buyer and Seller are obliged, at the fall of the hammer, pursuant to these terms of access and use, to proceed to contract at the price of the Buyer’s bid and on the terms and conditions contained in the contract for sale published on the Website. The online auction contract is the official and original contract for sale and must be signed and exchanged as is; it must not and cannot be altered in any way following the fall of the hammer at auction. Legal counsel regarding the contract for sale should be sought and obtained at the discretion of the Buyer prior to bidding on the Real Estate or Business listed on the Website. All buyers and sellers must consent to signing an electronic contract, with electronic signature at the fall of the hammer or to sign and execute a contract by whatever means are legally binding within the time constraints that legally apply within the State or Territory of their sale or purchase.
g. The Buyer and Seller must be in a legal and financial position to exchange contracts and proceed to completion of the transaction per the provisions of clause 30.
h. In respect of the sale by auction of co-owned Real Estate or Business or the sale of such asset by a seller as executor or administrator who have intention to bid as a co-owner executor or administrator they must register as a co- owner
on Sale Ezy. This is not a seller bid but a genuine registered bidder with intent and means to purchase the property offered for sale by auction. This bid will display the notation ‘Co-owner’ to show the bid is made by a co-owner, executor or administrator. All registered bidders are made aware and acknowledge that any property offered for sale by auction on Sale Ezy Property Auctions Online is open to bidding by a co-owner, executor, administrator or any person registered to bid on their behalf and such bidder must show the notation co-owner when their bid is recorded in the bid register.

29. Best offer

29.1 The Best Offer stage of auction for the sale of Real Estate and Businesses listed on the Website can be employed optionally at the start of an auction. A property that is not sold during the final call stage of the auction will automatically transition back into the best offer period after an uninterrupted 3rd call where the bid has not reached the reserve applied to the auction. Best offer will be conducted as follows:

a. The best offer stage of the auction will commence at a time and date set by the Vendor or Agent/Auctioneer and display the notation ‘make an offer now’ on the Auction display page prior to the final call segment of the Auction commencing. Upon the close of final call segment of the Auction, if the property does not reach or exceed reserve price, the property transitions back to best offer until sold or withdrawn from sale. During this period, bids may be made by registered buyers and accepted by the Agent AND Auctioneer on behalf of and with the consent of Vendors.
b. Upon making a bid for the Real Estate or Business, the Buyer’s bidder number and the time and date of the bid will be recorded and displayed for public view. The amount of any bid made during best offer will not be publicly displayed on the Website but will only be disclosed by Sale Ezy to the Seller/s, their agent and the person nominated as the auctioneer for the auction. Where required, the bid number will be audibly read; the auctioneer nominates Sale Ezy to act as a vocal proxy to announce the bidder number where the auctioneer may not be audible to all.
c. All bids made during best offer will remain open for acceptance by the Seller for a period of 24 hours from the time of the making of the bid unless the Buyer withdraws their bid by notice in writing sent by email to the nominated Auctioneer and Sale-Ezy prior to the Seller accepting the Buyer’s bid, or the Auctioneer/Agent or Seller rejects (marked as ‘declined’) the bid as they deem it not to be in the best interest of the Seller.
d. In the event the Seller does not give notification that the bid has been accepted within 24 hours then the bid will be automatically withdrawn. The bidder agrees that the bid is withdrawn on their behalf. The Seller may field and accept any offer from a bidder or a number of bidders during this period.
e. Once the Seller accepts a Buyer’s bid, the auctioneer or Seller will close the auction with the fall of the hammer and a contract of sale of the Real Estate or Business will be formed between the Seller and Buyer. The Seller and the Buyer are obligated to complete the sale and purchase of the Real Estate or Business pursuant to contract for sale & purchase as set out at clause 30 below.
f. Best offer will continue until the first to occur of the following events:
    i. The Seller or the Auctioneer on behalf of the Seller accepting an offer to purchase the Real Estate or Business;
    ii. The property transitions into the final call stage of the auction as dictated by the count down clock and the start date set for 1st Call by the agent/auctioneer in the listing form.
    iii. The property is withdrawn from sale by the Agent /Auctioneer or the Seller if acting without an Agent.
e. If the property is ‘Passed In’, the Agent/Auctioneer agrees to negotiate first with the bidder who has submitted the most recent highest bid if so dictated by the relevant state or territory laws.

30. Final call

30.1 Final call for the sale of Real Estate and Businesses listed on the Website will be conducted as follows:
a. The final call stage of the auction will commence at a time and date notified on the Website following which bids may continue to be made by Buyers.
b. Upon making a bid for the Real Estate or Business, the Buyer’s bidder number and the time and date of the bid will be recorded and displayed for public view as well as the amount of the bid made.
c. Buyers may make a bid at any time during the nominated final call period. Final call will be extended for a further period or periods of 1 minute and 30 seconds should any bids be received within the designated 1 minute and 30 seconds of 1st, 2nd and 3rd Call before the time for the auction to end or transition back into best offer (and as extended by this clause).
d. An Auctioneer representative or Seller may place (1) one Vendor bid on behalf of a Vendor during the final call stage of the auction period and prior to the property being shown as ‘on the market. This bid will display the notation ‘Vendor’ to show the bid is a Seller bid. A Seller who is represented by an Agent/Auctioneer cannot make a Vendor Bid on their own behalf, regardless of laws in their state or territory, and by agreeing to use Sale Ezy, forfeits their right to submit their own Vendor Bid.
e. The Seller will accept, and the Real Estate or Businesses will be deemed ‘sold’ at the highest bid at the close of bidding period unless:
    i. the highest bid is less than the Seller’s reserve price.
f. In the event the circumstances in subclauses 30.1(e)(i) do not apply at the close of final call, a contract of sale of the Real Estate or Business will be formed between the Seller and Buyer who has made the highest bid. The Seller and the Buyer will be obligated to complete the sale and purchase of the Real Estate or Business pursuant to contract for sale & purchase as set out at clause 31 below.

31. Contractual Obligations of Buyers & Sellers.

31.1 These Terms and Conditions of Use and Access together with the contract for sale and purchase and auction conditions for a particular item of Real Estate or Business listed for sale on the Website, comprise a contract between a Seller and the winning Bidder.

31.2 By bidding on Real Estate or Business listed on the Website a Buyer agrees, and by listing Real Estate or Business on the Website a Seller agrees, to be bound by these Terms and Conditions of Use and Access and the contract for sale and purchase and auction conditions, so long as those conditions of sale are not in breach of these Terms and Conditions of Use and Access or unlawful. In the event of any direct conflict between these Terms and Conditions of Use and Access and any conditions of sale provided by a Seller, then these conditions will prevail.

31.3 A bid made by a Buyer is an offer to purchase the real estate from the Seller at the bid price that may only be withdrawn as set out above at subclauses 28.3(d) and 29.1(e) or in the event that there is a material change in the description of the Real Estate or Business being sold.

31.4 Unless otherwise indicated by the Seller on the listing, the real estate listed for sale on the Website is sold on an ‘as is’ and ‘where is basis’ and a Buyer cannot make any claim or raise any requisition or objection in respect to the present condition of the real estate as at the close of the Auction/saleor in respect of fair wear and tear since that date. It is the Buyer’s obligation to make inquiries and undertake due diligence research in respect to real estate prior to making a bid, subject to sellers disclosures and warranties in their contract for sale.

31.5 The Seller and Buyer of any item of real estate must, in circumstances where a contract of sale has been formed, pursuant to these Terms and Conditions Of Access and Use, complete the exchange of contracts for sale and purchase of the real estate as follows:

a. Sale-Ezy will issue a Sales Advice and Contract in respect to the real estate and thereby provide the Seller the Buyer, their legal representatives and agent representative with written notice that a contract of sale has been formed.
b. The Seller, Agent or Auctioneer representative must:
    i. Arrange for contract for sale and purchase to be completed by inserting the purchase price and the Buyer’s details including name, address, legal representative per the details on the sales advice issued by Sale-Ezy; and
    ii. Duly execute a completed contract for sale and purchase; and
    iii. Cause a complete contract for sale & purchase that contains the sale price and the purchaser’s details to be delivered (whether electronically or otherwise) to the Buyer or their nominated legal representative as soon as is practicable following the fall of the hammer; or
    iv. contact the Buyer or Buyer’s legal representative who has received a contract for sale and purchase issued by Sale-Ezy and confirm in writing receipt by the Buyer or their legal representative of the contract for sale and purchase.
c. Within the specified timeframe set by the auction conditions and relevant legislation within the state or territory where the property is listed (generally on auction day), the winning Buyer must:
        A. deliver (whether electronically or otherwise) to the Seller or the Seller’s nominated legal representative a duly signed contract for sale & purchase; and
        B. pay the agreed deposit to the nominated deposit holder.
d. Upon receiving the contract for sale and purchase from the Purchaser or the Purchaser’s representative the Seller or representative of the Seller is to cause the contract he/she/it as the Seller has signed and the contract the Purchaser has signed to be dated the date of agreed exchange of contracts. for sale and purchase. Exchange of contracts must be executed by the deadline specified in the auction conditions within the state or territory of the listed property or either party, Buyer or Seller may be in breach of contract. The agreed deposit must be payed as a condition of exchange of contracts.
e. Once the parties are in contact, the Seller and the Buyer must complete the transaction according to the provisions of the contract the parties have entered into.

31.6 By consenting to these Terms and Conditions of Access and Use, Members acknowledge and agree that should either the Buyer or Seller of Real Estate or a Business sold at auction via the Website fail to sign the contract for sale and purchase within the Exchange Period as required by this clause 31, the Buyer or Seller that fails to sign the contract for sale and purchase irrevocably authorises the nominated Auctioneer on the Sale-Ezy auction listing to sign the contract on behalf of the Buyer or Seller..

31.7 All Members are third party beneficiaries of these Terms and Conditions of Use and Access and Buyers and Sellers shall be entitled to enforce the provisions hereof and may pursue legal action against each other for non-performance of any provision hereof, including without limitation, non-performance of a purchase and sale after a completed bidding process. In addition, Sale-Ezy retains the right to assess fees or terminate a Member’s rights to use the Site in the event a Member breach these Terms and Conditions of Use and Access.

Part E. General

32. Agents may represent either a Seller or Buyer if so instructed and authorised under the relevant state legislation and can register and use the online platform for this purpose.

33. Sale-Ezy may change these Terms and Conditions of Use and Access from time to time with effective as and from the date of publishing the amended Terms and Conditions of Use and Access to the Site. Member’s continued use of the Site constitutes an affirmative:

(1) acknowledgment by Member of these Terms and Conditions of Use and Access and any modifications; and

(2) agreement by Member to abide and be bound by these Terms and Conditions of Use and Access, including any modifications. Both the Seller and Buyer acknowledge that they shall be solely responsible for obtaining updated information concerning changes to these Terms and Conditions of Use and Access. It is further acknowledged by the Member that the Terms and Conditions of Use and Access in effect at the time that a contract of sale is deemed to be formed pursuant to these Terms and Conditions of Use and Access shall be the relevant Terms and Conditions of Use and Access should a dispute ensue.

34. The duties and responsibilities of Sale-Ezy are limited to those expressly set forth in these Terms and Condition of Access of Use.

35. Information given to Sale-Ezy by Members is subject to Sale-Ezy’s Privacy Policy, which is available here [include link]

36. These Terms and Conditions of Access and Use is governed by the law of New South Wales.

37. All members irrevocably and unconditionally submit to the non-exclusive jurisdiction of the court of New South Wales.


Part F. Indemnity & Release

38. You release Sale-Ezy against all actions, claims, demands arising from or in connection with a failure by another Member to complete a sale.

39. You indemnify Sale-Ezy against all actions, claims, demands arising from or in connection with an act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions.

40. Indemnity. You will at all times indemnify and keep indemnified Sale-Ezy and its respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out or, in connection with or in respect of any breach of these terms and conditions by you; and publication of or distribution of the content and/or information supplied by you

Part G. Acknowledgement

41. You acknowledge and understand that your obligations in relation to the purchase of property by auction through the Sale Ezy Platform are governed by these Term and Conditions of Use and the relevant legislation for conditions of sale by auction.

 

 

Auction

Minimum bid$280,000

Final call starts23/11/2018 - 02:00PM
First call starts23/11/2018 - 02:05PM
Unless sold prior
Auction time is local time of the property
Final call starts in

Auction alert


Be reminded a day before the final call starts

Make an offer

Place your bid now

Minimum bid$280,000

Final call starts23/11/2018 - 02:00PM
First call starts23/11/2018 - 02:05PM
Unless sold prior
Auction time is local time of the property
Final call starts in
Bid Bidder Date & time

Auction alert


Be reminded a day before the final call starts

--days --hours --minutes --seconds
Current bid (on the market)$0
Minimum Bid$280,000
Bid Bidder Date & time

Sold by auction

For price:

Make an offer

Place your bid now

Minimum bid$280,000


Bid Bidder Date & time

Sold by auction

For price:

Add to Calendar Share
Facebook Twitter Google LinkedIn
Print
Agent's Photo
Agency name: The Professionals Real Estate Goulburn
Agent name: Allan McDonald
Agent landline: (02) 4822 1411
Agent mobile: +61 428 482 425
Agent email: allan@professionalsgoulburn.com.au
Auctioneer name: Allan McDonald
Auctioneer licence: 142096

Auctions