昆州房产买卖REIQ合同10解
Jason Yang
第一解：REIQ合同中的基础条款（Essential Terms）
1.什么是REIQ合同？
REIQ是Real Estate Institute of Queensland的缩写，REQI合同是澳洲昆士兰房地产研究所编写的合同，常用于昆士兰洲的二手房买卖。所以了解合同对您在昆士兰州参与房产买卖至关重要，我们将做10期文章带大家来了解一下REIQ合同中的重要条款。
2. 什么是基本条款 （Essential Terms）？
在REIQ合同中，有一些买家和卖家必须遵守的基本条款，一旦一方违约，都有权让另一方直接解除合同。
3. 买家的基本条款:
1. 买家必须在合同规定日期内支付定金；
2. 买家必须在交割当天支付定金尾款和任何应该买家分摊的房屋支出（水费，市政费和物业费）；
3. 如果涉及到包含商品服务预扣税（GST Withholding）的房产交易，买家律师必须在交割前用澳洲税务局（ATO）的表格对该交易进行登记。
4. 买家必须在交割日进行交割。除双方同意或合同里特殊规定，交割必须发生在交割日上午九点到下午四点之间，交割地点和时间通常由卖家律师决定。
5. 如果合同涉及房屋和虫害检查条款，贷款条款或泳池安全检查条款，买家律师必须在规定日下午五点前通知卖家律师是否满意这些条款。一旦逾期，卖家都有权在收到该通知之前解除合同。
4. 卖家的基本条款：
1. 如果涉及到包含商品服务预扣税（GST Withholding）的房产交易，卖家律师必须在交割前通知买家律师，卖家需要交GST。并且在交割时开出相关支票，或之间支付给ATO。
2. 除合同里有特殊指出，卖家必须在交割日下午四点前交割；
3. 卖家必须在交割前提供交割表，如果有银行，贷款银行要同时提供银行的贷款解压文件。
4. 在交割前将钥匙给指定中介，或在交割时将钥匙交给买家律师；
5. 如果房屋上有租约，交割前协助买家办理转租手续；
6. 如果没有租约，交割时要给买家空置的房屋，但是可以留下之前商量好会留给买家的家具。
5. 违反基本条约的后果：
1. 如果买家违反基本条约，卖家可以:
a. 继续合约； 或
b. 解除合约，没收定金，并且重新出售房产和起诉到法院，要求买家补偿因为解约给卖家所带来的损失。
2. 如果卖家违反基本条约，买家可以：
a. 继续合约；
b. 起诉到法院，要求卖家强制执行该合约； 或
c. 解除合同，拿回定金，并起诉到法院，追诉因解约所带来的损失。
昆州的房产交易时而简单时而复杂，如果您需要律师，请添加文章下的二维码或拨打 1300 245 299 找杨律师（Jason）。
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