第二解，买家的两把“保护伞”-贷款条款和建筑及虫害条款。| CJM Lawyers
Jason Yang
REIQ是Real Estate Institute of Queensland的简称，REQI CONTRACT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购房或卖房至关重要，我们将做10期带大家来了解一下REIQ的基本合同。
上一期我们就带大家了解一下REIQ合同中最重要的信息，ESSENTIAL TERM 基本条款。接下来两期我们来谈一谈，合同里常见的买家条款，这些条款 (condition) 是买家的保护伞，在这些条款到期之前，买家一般都可以无损失的退出该合同。但是一旦合同进入无条件时，主动权就会转移到卖家那边，即使买家有合理的理由想要延迟交割，除非合同特殊规定外或卖家同意，如果没有按时交割，卖家都是有权结束合同并且没收定金。
条款的种类有很多，一般都是合同双方为了交割的诉求而设定的一些条件。像贷款条款是为了确保买家有足够的资金去交割，建筑及虫害检查条款是为了确保房屋没有什么潜在问题，政府对外国人购房批准条款（FIRB）也是为了确保海外买家在交割前能拿到政府的批准。
1.贷款条款
什么是贷款条款
一般，在购买房产中，很多买家都会选择贷款买房，在合约签订后，银行会去给这个房产进行估值（valuation），然后根据买家的借贷能力等因素来决定能给买家贷多少钱。一旦拿到贷款金额，买家律师可以帮买家算出交割时还差多少钱（Shortfall Funds），如果买家发现自身存款并不足以完成交割，买家时可以根据贷款条款无条件解除合同拿回定金的。
贷款条款在REIQ合同中的作用。
贷款条款在REIQ合同中占了很重要的一笔，因为经常出现，所以它和合同价格一样被放在了合同开头的参考列表里，一般在REIQ合同中的第三页，合同价格下面。其中包括了贷款金额，贷款机构和贷款日期。这里面最重要的是贷款日期，上面写出的时间将代表贷款条约的到期日，就像第一解里面提到的，时间在昆士兰州是很重要的基础条件，任何逾期行为将被视为违约，所以合同也对时间节点做了详细的划分。其中规定，买家律师必须在贷款条款到期日下午五点之前书面通知卖家律师买家是否满意或不满意，或主动放弃在贷款条款中的权益（解约的权利）。如果给出满意或放弃权利的通知，合同会进入下一阶段。如果不满意，买家是可以解除合同拿回定金。如果没有在五点之前没有给出书面通知，卖家是有权利解除合同的。这里值得注意的是，如果买家律师在五点之前给出申请贷款延期通知，卖家律师是没有义务必须在五点之前回复你的。一旦超过五点，卖家律师还是有权解除合同的。但是，如果买家律师在卖家解除合同之前给出满意或主动放弃权利通知，合同依然会进入下一阶段。
2. 建筑及虫害条款
什么是建筑及虫害条款
在昆州买房，一般会找专业人士做一份详细的房屋和虫害检查报告，专业的检查人士会去房产那进行实地考察，然后在建筑检查报告里列出什么地方该修，有没有结构损害等一系列建筑问题。因为澳洲房产大多数是木制结构，所以特别怕白蚁。虫害报告里就会详细的列出该房产会不会受到白蚁的危害，曾经有没有白蚁活动的痕迹和未来会不会受到白蚁的困扰。请注意，因为我们律师不是建筑领域的专业人士，所以不会给买家提供关于房屋修理的建议，买家应该向检查员咨询该房产是否值得购买，是否有结构性损坏和哪里需要卖家修理。如果有需要大修的地方，买家应该进一步请人对需要修理的地方进行报价。从而重新评估购买该房产的价值和花费，之后再告诉律师需要修理的地方或是否需要卖家减价。由买家律师转告给卖家律师，再由卖家律师转告给卖家。
合同里对建筑及虫害条款的时间规定和贷款条款一样，都需要买家律师在下午五点之前给出书面通知，否则卖家有权利在五点之后解除合同。
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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