NSW Prescribed Documents

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CJ Samaha

Member
4 July 2019
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1
Hello, could someone please confirm whether the prescribed documents to a NSW Contract for Sale Land (e.g., title search) need to be obtained within a certain time period (i.e, if the title search is printed more than 12 months, is that acceptable)? Can't seem to find any commentary or reference in the Regs about dates.
thanks
CJ
 

Tim W

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What's the background to your question?
 

Rob Legat - SBPL

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I don’t practise in NSW property law (Queensland is quite different), but I can’t see a requirement as to how old the title search can be. As long as it shows the current registered details of the property it would seem to satisfy the legal requirements.
 

CJ Samaha

Member
4 July 2019
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1
What's the background to your question?
thank you for your response (@#3 and #4). Basically, I have received a draft contract for sale and the title search, DP and other attached docs are more than 12 months old, I was trying to see whether there was a requirement that all prescribed docs attached to a contract needed to be current i;e, less than a year old or some other time frame (and I couldn't see any prescribed timeframe in the regs).
 

Rochelle G

Active Member
16 July 2019
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There is no time requirement although usual practice is to update 12-18 months. But not required. It’s usually done to protect vendor against any changes to zoning. You can request they provide but they do not have to provide. Best to do your due diligence
 

Rod

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A good solicitor will always do a current search anyway.