In submitting this Expression of Interest to buy the Lot (‘EOI’), the Buyer agrees to the following conditions:
1. The Buyer agrees to and accepts all disclaimers, limitations and qualifications in any written or verbal brochure, website or other advertisement, representation, search, advice or information issued by the Seller or the Agent or anyone on behalf of either of them regarding ‘Tenthill Rise’, 111 Tenthill Road, Gatton Qld 4343 (‘Estate’), the Lot or any lot in the Estate (‘Marketing Material’).
2. The Buyer acknowledges that the Buyer has to satisfy itself about the characteristics, value, potential and features of the Lot and the Estate by relying on the Buyer’s own enquiries and investigations and not on any Marketing Material. On that basis, neither the Seller nor the Agent (or their respective employees and agents) will be liable if the Marketing Material is incorrect or incomplete.
3. The Buyer agrees that the Seller will not be obliged to sell the Lot in response to this or any other particular EOI.
4. The Seller may sell the Lot to any other person they choose, as a result of the EOI process or otherwise, or not sell the Lot at all. The Buyer will not assume or expect that:
(a) the Seller will negotiate, or not negotiate, with the Buyer;(b) the Seller will accept the highest purchase price offered; (c) the Seller will consider any particular feature of an EOI or other proposal to buy the Lot as determinative; or(d) the submission of the Buyer’s EOI will lead to any particular outcome.
5. No claim can be made against the Seller or the Agent in relation to any costs or expenses incurred by a person in evaluating the Lot or submitting an EOI.
6. This EOI constitutes an Expression of Interest by the Buyer to negotiate for the possible sale and purchase of the Lot.
7. Any Deposit paid under this EOI by the Buyer:
(a) is to be applied toward the total deposit payable by the Buyer to the Seller under any sale contract that may be signed for the sale of the Lot by the Seller and the Buyer; or(b) is refundable (subject to a deduction from the deposit if Item 8* below) in full by the Seller to the Buyer in the event that a sale contract is not signed for the sale of the Lot by the Seller and the Buyer within 30 days of the seller issuing a draft contract sales document to buyer or buyer's solicitor
8. *If the buyer does not sign and return the contract of sale (prepared and issued by the seller’s solicitor) within 30 days of the seller issuing a draft contract sales document to buyer or buyer's solicitor, the Deposit is to be promptly refunded to the Buyer minus the sum of $500 plus GST, being the Buyer’s contribution toward the Seller’s legal costs;9.If the seller does not sign and return the contract of sale (prepared and issued by the seller’s solicitor) within 30 days of the seller issuing a draft contract sales document to buyer or buyer's solicitor, the full Deposit is to be promptly refunded to the Buyer.