第三解， 泳池安全证明问题。
Jason Yang
在这个系列前两章，我们提到了essential terms和比较重要的两个买家条款，今天我们来说一下第三个重要的买家条款，泳池安全证明条款。
什么是泳池安全证明
在昆州的法律中规定，如果一个房产里有泳池, 房主必须在泳池周围建起围栏防止人直接进入跌入泳池发生意外。所以，对围栏的标准做了一些要求，比如围栏的高度不能少于1.2，进泳池的门不能设计成向内打开，还必须带有自动关闭和自锁等功能。 在昆州合同买卖中，卖家有义务在泳池周围建立符合要求的围栏防护，买家有义务在检查日之前找专业人士检查并提供 FORM 23 (泳池安全证明)，来证明泳池周围的围栏安装条件是符合昆州泳池安全标准的。
在REIQ合同里，如果房产带泳池，房主有泳池安全证明，那合同里必须写明泳池安全证明的到期时间，一般共享泳池的安全证明期限是一年，别墅里单独泳池的期限是两年。同时卖家必须给买家提供泳池安全证明。如果合同里没有泳池安全证明或该证明过期，那卖家必须在签订合同之前向买家提供FORM 36（无泳池安全证明通知）。如果买家在知道卖家里没有泳池安全证明的情况下购买了这个房子，那这边法律规定，买家必须在交割90天之内自费拿到泳池安全证明。如果不遵守昆州泳池安全法，对于个人来说，最高有$22,019.25的罚金，对于公司而言，最高有110,096.30的罚金。
在REIQ合同中规定，一些别的证明也可以代替泳池安全证明。比如一些新建泳池的建筑证明，一些特殊类型豁免证明。如果房产里带泳池，但是以上这些证明都没有，卖家不但要在合同签订前给买家提供FORM36，还要向昆士兰建设委员会提供声明。如果卖家没有做到这些，他同样可能面临最高$2,356.00的罚款。
REIQ合同中泳池安全证明条约
如果房产中带泳泳池，房主在签订合同前不能提供安全或豁免证明，除了向买家提供FORM36，REIQ合同中也要加入泳池安全证明条约。条约中规定在泳池安全检查日到期前，(1) 买家要做 FORM 23(泳池安全证明)。(2) 或者是FORM 26 (持牌泳池安全检查员签发的泳池不合格通知，要说明在签发泳池安全证书之前所需的工作)。如果合同里没有写明泳池安全检查日期，日期会默认为交割前两个工作日。一般来说，在检查日当天，买家会自费请检察员在经过卖家的授权情况下去家里检查。如果FORM 23(泳池安全证明)没有在检查日到期前批准下来，买家可以通知卖家解除合同。或是自动放弃改该条款。 如果买家没有在检查日当天五点之前通知卖家是否要解除合同，那么卖家有权通知买家解除合同。买家的定金都会全部退还给买家。 买家必须尽力去获得安全证明。如果买家想以泳池安全证明条约解除合同，买家要在卖家的要求下立刻提供FORM 26，来证明买家有努力去获得泳池安全证明。
REIQ合同外的泳池安全问题。
在房屋买卖中，如果出售的房产是公寓或有物业的小区，一般是小区物业来提供泳池安全证明。
在昆士兰州，不但泳池需要安全证明，一些深度超过0.3米、容积超过2000升的水疗中心和便携式游泳池也需要泳池安全证明(浴缸不算，因为水会在用完后放掉）。我们在代表客户买房时，曾遇到卖家并不知道家里的水疗池需要做泳池安全证明，直到我们客户的贷款银行去房子那里进行估价才发现这个问题。
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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