real people...real solutions Anderson Boemi Lawyers CONVEYANCING KIT
real people...real solutions Anderson Boemi Lawyers CONVEYANCING KIT AUTHORS: Anderson Boemi Lawyers Providing assistance with your Transactions CONNECT WITH US ON FACEBOOK & LINKED IN: TABLE OF CONTENTS: 1. Introduction 4 2. Chapter 1 Purchasing Your New Home 7 3. Chapter 2 Selling Your Home 22
4. Chapter 3 Commonly used terms and phrases 32 5. Chapter 4 General 39 Information 6. Moving House Checklist 45 ABL Conveyancing Kit INTRODUCTION Welcome to the Anderson Boemi Lawyers Conveyancing Information Kit. Inside you will find information that will guide you through what is probably the most expensive transaction of your life. Whether you are buying or selling, it is important to be aware of each step involved. You should also be aware of the costs involved before you set out. Page 4 ABL Conveyancing Kit
Property transactions are much more complicated than they appear. Simple errors may result in nasty, expensive surprises. Arranging inspections, knowing which searches to carry out and understanding the contract all require experience. You can eliminate all the risks involved by asking our Conveyancing team to do the work for you. We eliminate the risks because our work is guaranteed and so is our service!! We hope that you find the information contained within this kit useful. If you have any questions that are not dealt within the Page 5kit, please do not hesitate to call one of our CHAPTER 1: PURCHASING YOUR NEW HOME Buying a home is probably the biggest investment you will ever make. Understanding how to make that investment allows you to remain in control. We have put together some tips to help you along the way.
Page 6 ABL Conveyancing Kit 5. What are the consequences of paying a holding deposit? Can you get your money back? 6. When should you sign the contract? What are the implications of you signing the contract? 7. What is a cooling off period? What does it mean to you? How does this impact on the transaction? 8. What are the different types of title to property? Which type suits you best? 9. What searches and inspections should you carry out? What must the vendor tell you and what should you find out for yourself? 10.What happens if something goes wrong? Who can you turn to for help? Page 8 ABL Conveyancing Kit STEPS IN THE PURCHASE OF A HOME After you have chosen your new home, we contact the vendors solicitor and request a copy of the contract.
After we receive the contract, we arrange a suitable time to discuss the contract with you to ensure you fully understand the terms and conditions of the contract. We recommend you obtain a pest and building inspection, survey report and if necessary a strata report which we can arrange. We may also obtain a building certificate from the council (If necessary). These checks are carried out to ensure that your investment will be a sound one. Whilst the initial checks are underway, we negotiate any changes in the contract with the vendors solicitor. Page 9 ABL Conveyancing Kit You are now ready to exchange, but your finance must be in place first. Exchanging contracts creates a legal obligation, so written confirmation of your loan approval and satisfactory inspection and search results are a must.
We ask you to arrange a cheque for the deposit and contracts are exchanged. We also let your bank or lending authority know. Settlement will usually take place within 6 weeks of exchange. Post exchange searches are carried out. We undertake additional searches, including a title search to ensure that you are given a clear title upon settlement. Documents necessary to transfer the property into your name are prepared and the stamp duty paid. We will check whether you are entitled to any exemption of stamp duty. We continue our inquiries in relation to the property by asking the vendor directly. You are entitled to rely upon the answers given by the vendor to this extensive range of questions. Page 10 ABL Conveyancing Kit Settlement day is near. You should make a final inspection of the property immediately before settlement. We check the final figures for settlement, including any
adjustments for things such as council and water rates. Settlement occurs. You do not need to attend the settlement. Immediately after settlement, we will advise both yourself and the agent. We attend to the registration of the property in your name. Congratulations, you are the proud owner of your new home! Page 11 ABL Conveyancing Kit STAMP DUTY & HOME OWNERS GRANTS Stamp duty is payable on all conveyancing transactions. There are exemptions and concessions to paying stamp duty on certain properties for certain purchasers. VISIT OUR WEBSITE TO DOWNLOAD OUR STAMP DUTY & HOME OWNER
WARRANTY E-BOOK. www.andersonboemi.com.au Page 12 FIRST HOME OWNERS GRANTS & OTHER STAMP DUTY EXEMPTIONS Stamp duty is a significant cost when purchasing a property, and so it is extremely beneficial to consider whether costs can be minimised through government initiatives. when buying your first home or vacant land upon which you intend to build your home, it is important to note that you may qualify for a stamp duty exemption or concession. Over the years, the NSW Government have initiated a number of schemes to help as many first home buyers as possible. This is administrated by the Offie of State Revenue. In 2012, the NSW Government made significant changes to the stamp duty concession regime as follows: 1. 2.
As of 1 October 2012, the $7,000 First Home Owner Grant ceased to apply to eligible transactions. From 1 October 2012, the $15,000 First Home Owner Grant (New Home) scheme applies for new homes only. As of 1 July 2012, First Home Plus and First home Plus One schemes were replaced by the First Home New Home Scheme. Both schemes have strict eligibility requirements and one-time payment rulings. FIRST HOME OWNER GRANT (NEW HOME) SCHEME This scheme is available to people purchasing their first home and who meet the following eligibility criteria: Natural person; Over 18 years of age; At least one applicant is a permanent resident or Australian
citizen; All applicants and/or their spouses/de facto must not have previously owned a residential property before 1 July 2000 and occupied that property for a continuous period of 6 months; Each applicant has entered into the agreement to purchase the new home or to build the new home after 1 October 2012 The total value of the property does not exceed $750,000; This is the first time the applicant and/or their spouses/de facto will receive this grant; and At least one applicant will occupy the home as their principal place of residence for a continuous period of 6 months within 12 months of completion. this grant is not available for purchases of vacant land Notably, the differences between this grant and its predecessor are: Grant only applies now to first new home purchases; Grant has increased from $7,000 to $15,000 (to be reduced to $10,000 from 1 January 2016); and Cap amount has reduced from $835,000 to $570,000.
Applications are to be lodged within 12 months of completion i.e. the date of settlement. If funds are required prior to settlement, please advice your financier to lodge the application with the Office of State Revenue to have funds available at settlement. FIRST HOME NEW HOME SCHEME Rather than providing a lump sum payment, this scheme allows for exemptions where the purchase price is below $500,000 and concessions where the purchase price is between $500,000 and $600,000. This scheme is also available to eligible purchasers buying vacant land to build their home so that no duty is payable on vacant land valued up to $300,000 and concessions apply for those between $300,000 and $450,000. To qualify under this scheme, the following criteria apply: All purchasers must be eligible purchasers Natural persons; Over 18 years of age; At least one is a permanent resident or Australian Citizen; and Has not, nor has their spouse/de facto previously
owned a property or received same benefit before Purchasing the whole property; and At least one purchaser must occupy the new home for a continuous 6 months within 12 months of completion; OTHER GRANTS AVAILABLE TO PURCHASERS - NEW HOME GRANT SCHEME This is aimed at non-first home buyers and includes investors and owner occupiers. If you are buying a new home (off the plan or newly built) valued up to $650,000, you will be entitled to a $5,000 grant. You can elect to either reduce the stamp duty payable by $5,000 or receive a payment of $5,000 If you are buying vacant land valued up to $450,000 or intend to build a new home you will be entitled to a $5,000 grant. You can elect to either reduce the stamp duty payable by $5,000 or receive a payment of $5,000.
If you are buying vacant land you must commence laying the foundations within 26 weeks of completion of the purchase, however, there is no time limit on how long it takes to complete building the home. Eligible transfers are: New home purchases (including substantially renovated home). Off the plan purchases A vacant land purchase (intended to be used as the site of a new home which is not an off the plan purchase). SCHEM E First Home Owner Grant (New Home) ELIGIBILITY REQUIREMENTS Applicants must be first time purchaser AND purchasing or building a new home Each applicant is a natural person; At least one applicant must be an Australian citizen or permanent resident;
Applicants over 18 years of age; All applicants and/or their spouses/de facto have not owned a residential property before 1 July 2000; All applicants and/or their spouses/de facto have not owned a residential property before 1 July 2000 and occupied that property for a continuous period of 6 months; Each applicant has entered into the agreement to purchase the new home on/after 1 October 2012; The total value of the property does not exceed the cap amount of $750 000 LODGEMENT - Within 12 months of completio n GRANT $15 000 Reduced to $10,000 for
contracts entered after 1 January 2016 OPERATIO N DATES Eligible transactio n commence ment date on/after 1 July 2014 First Home New Home - - - - - NSW New Home -
- - - - Applicants must be a natural person; At least one applicant must be an Australian citizen or permanent resident; All applicants over 18 years of age; All applicants and/or their spouse/de facto must not have previously owned a residential property before July 2000 nor occupied that property for a continuous period of 6 months; Each applicant has entered into agreement to purchase new home or build new home after 1 July 2000 Purchase must be of whole of property; At least one eligible purchaser must occupy the property as their principal place of residence for a continuous 6 months within 12 months of completion date Each applicant and/or their spouse/de facto must not have previously received an exemption or concession under First Home New Home If not all applicants are eligible purchasers may still qualify for concession under the shared equity arrangements (formerly First Home Plus One Scheme) if the eligible purchaser buys at least 50 per cent of the property (see OSR website for more information)
Applies to new home, off the plan, and vacant land (on which new home will be built) purchases of the whole land after 1 July 2012; New home has not previously been occupied or sold as a place of residence includes substantially renovated home Value of new home must not exceed $650 000 ($450 000 for vacant land); Purchaser does not have to be a natural person; No restriction on number of times purchaser can apply for the grant, however is not available for transactions which fall under the First Home New Home Scheme or First Home Owner Grant (New Home) Scheme; No residency requirements; and Not available for purchase of an existing home to knock down and re-build new home. Within 3 months of exchange of Contracts New Home Where purchase price
is below $500,000 = EXEMPT from duty; - Eligible transaction commencement date on/after 1 July 2012 Where purchase is between $500,000 and $600,000 = CONCESSIONS apply Vacant Land Exempt where under $300 000 Concessions apply on land between $300,000 $450,000 Within 3 months of exchange of Contracts
- $5 000 - Applied as a credit or paid into nominated account Eligible transaction commenced on/after 1 July 2012 FIRST HOME NEW HOME GRANT ($15,000.00) (NB. This is NOT a stamp duty Concession) Have you or your spouse ever held a relevant interest in any residential property (including an investment property) in Australia prior to 1 July 2000? YES YOU ARE NOT ELIGIBLE NO Purchase Price:
Purchase Price: equal to or less than $750,000.00 $750,000.00 Home is a Brand New Home You are over 18 years of age You will live in the home for a continuous period of at least 6 months within 12 months of completion At least one applicant is a permanent resident or Australian citizen Each applicant is a natural person YES TO ALL YOU ARE ELIGIBLE greater than YOU ARE NOT ELIGIBLE NO? YOU ARE NOT ELIGIBLE As at 15 April
2015 NEW HOME GRANT ($5,000.00) You do not need to be a first home owner and can previously have obtained a FHNH grant (limited to one application per year) (NB. This is NOT a stamp duty Concession) Is the Property:Residential; and A new home purchase; or An Off-the-Plan purchase of a new home; or A vacant land purchase where a new home will be constructed? YES NO Are you: A natural person, company or trustee of a trust; and An investor or owner occupier; and An Australian Citizen YES YOU ARE
ELIGIBLE NO YOU ARE NOT ELIGIBLE YES Is the Purchase Price: Less than or equal to $650,000 (New Home) OR Less than or equal to $450,000 (Vacant Land) How to Apply: Submit Application for NSW New Home Grant | July 2014 (OSR Form ODA 072A) on the earlier of: 3 months after Exchange; or Completion. NO FIRST HOME NEW HOME SCHEME (NB. This is a stamp duty Exemption / Concession) Have you or your spouse ever held a relevant interest in any residential property in Australia prior to 1 July 2000 YES
YOU ARE NOT ELIGIBLE NO NO Home is or will be a Brand New Home You are over 18 years of age You will live in the home for a continuous period of at least 6 months within 12 months of completion At least one applicant is a permanent resident or Australian citizen Each applicant is a natural person YOU ARE NOT ELIGIBLE Contract Purchase Price: New Home: greater than $650,000.00 OR Vacant Land Price: greater than $450,000.00 YES TO ALL Contract Contract Purchase Purchase Price: Price:
New New Home Home less less than than or or equal equal to to $550,000 $550,000 OR OR Vacant Vacant Land Land less less than than or or equal equal to to $350,000 $350,000 YOU ARE ELIGIBLE FOR EXEMPTION Lodgement: House & Land (within 15 months of exchange) Vacant Land (within 3 months of exchange) Contract Contract Purchase
Purchase Price: Price: New New Home Home from from $550,001 $550,001 toto $650,000 $650,000 OR OR Vacant Vacant Land Land from from $350,001 $350,001 toto $450,000 $450,000 YOU ARE ELIGIBLE FOR CONCESSION CHAPTER 3: Selling your home Selling your home is probably the biggest sale you will ever decide to undertake. We have put together some tips to help you along the way and provide you with some insight into the sale process. Page 13
ABL Conveyancing Kit STEPS IN THE SALE OF YOUR HOME 1. The Law requires that a contract be prepared prior to the listing of your home for sale. When you decide to sell we can usually have a contract prepared and in your agents hands within 48 hours, subject to the issue of a 149 Certificate from the relevant council. 2. We confirm your instructions in writing and give you detailed information about our costs. We ask you for information about the property. 3. The contract is sent to your agent and the property may now be listed For Sale. Page 14 ABL Conveyancing Kit 4. The agent will now market your property and find a buyer. 5. Once a buyer has been found we send a copy of the contract to the solicitor acting for the purchaser. Any negotiations in relation to the terms of the contract are carried out. 6. We then go through the contract with you and ensure that you are happy with its terms. You now sign the contract in readiness for exchange. 7. The purchaser should have completed the preexchange inspections and we arrange a suitable time for exchange.
Page 15 ABL Conveyancing Kit 8. The contracts are exchanged and settlement should take place in about 6 weeks. 9. After exchange, several steps are required to ensure that you are ready for settlement. 10. If you have a mortgage, we contact your lending authority and make arrangements to discharge the mortgage. In doing so, we obtain a payout figure for you this must be paid at or prior to settlement. 11. We answer any questions asked by the purchasers solicitor. Page 16 ABL Conveyancing Kit 12. We contact you to sign the document transferring the property to the purchaser after settlement. 13. A settlement time will be arranged. We will check the settlement figures and ensure the appropriate adjustments are made with respect to the council
and water rates. 14. Prior to settlement you must move out. Please make your moving arrangements early. 15. Settlement may now take place. We liaise with the lending authorities and arrange a mutually convenient time. We ensure that the monies are properly distributed and that the balance of the monies is paid in accordance with your instructions. 16.At the conclusion of the matter we will provide you with an itemised account as to our costs and disbursements. Page 17 ABL Conveyancing Kit SPRUCING UP YOUR HOME Here are a few tips to help make your home look its best with little effort and even less cost involved. It is a good idea to start even before the real estate agent looks through your house. First
impressions are lasting and if the agent thinks that the property will sell itself you can be sure that it will be amongst the first shown to prospective buyers. Page 18 ABL Conveyancing Kit OUTSIDE Once again first impressions are lasting. How does your house look from the outside? Make sure that they look clean and tidy even if you dont have a prizewinning garden. Get rid of all those bikes and toys that often clutter the driveway and make sure that all the paths, courtyards and similar areas are clean and tidy. Arrange outdoor furniture to make it look inviting and, more importantly, look as though it Front doors, front gates and garage doors is used regularly.
should be clean and squeak free. A few plants are a good idea as they offer instant colour. Unless it is essential resist the temptation to paint. A quick clean usually produces surprising results. Page 19 ABL Conveyancing Kit INSIDE Open up your home so that it appears light and spacious. Let in some fresh air (unless its freezing outside) and avoid that stuffy feeling. Remove all your clutter (dont hide it). Consider a garage sale, donations to charity or a throw out. Friends or relatives might help with the clean up as well as storage if space is a problem. If floor coverings are worn, try dropping a mat or hall runner. Polish floor boards so they look their best. The local hardware store will have
hints on how to clean them. The bathroom must sparkle. The mirrors and tiles must be clean, as should the shower and toilet. Generally tidy cupboards and wardrobes. Prospective buyers will look into these private areas as well. Page 20 ABL Conveyancing Kit Keep pets outside and confined to one area if possible. Fix leaking taps and drawers that stick. If you have a problem with pests, have the house treated and then clean the cupboards.
Clean and tidy the kitchen and laundry. This room will be the subject of much scrutiny and many prospective buyers will stand here while they discuss the merits of the home. Dont forget to clean and unclutter the garage this area is surprisingly important. // Page 28 ABL Conveyancing Kit BEFORE EACH INSPECTION Try to be out of the way during inspections. Before the prospective buyers arrive, give your house the once over with the feather duster and let in some fresh air. Arrange furniture carefully so that the rooms look comfortable and pick up those toys that may have been left lying around.
If you decide to go for a walk while the inspection is in progress, take the dog and let the prospective buyers have the run of the backyard. Some fresh flowers, open windows and plenty of light will help your home look its best. GOOD LUCK!!!! Page 22 CHAPTER 3: Commonly Used terms & Phrases The conveyancing transaction involves lots of different terms and phrases. We have defined a few here to help you understand the process a bit better! Page 23 . ABL Conveyancing Kit CERTIFICATE OF TITLE: A document identifying the ownership of land, showing who owns it and whether there is any mortgage or other encumbrance affecting the land.
COMMUNITY TITLE: Title to land within a community plan. CONVEYANCE: The legal process required to transfer ownership of real estate. COOLING OFF PERIOD: Purchasers have a period of 5 working days after exchange of contracts in which to cool off, if they do so they forfeit to the vendor 0.25% of the sale price. There is no cooling off period if the contract is explained by the purchasers conveyancer and a section 66W certificate is signed by the conveyancer. For example if the purchaser has had finance approval and all inspections are done before they enter into the contract. DEPOSIT: A deposit is normally paid by the purchaser at the time of exchange of contracts; usually 10% of Page 24 the sale price. ABL Conveyancing Kit DEPOSIT BOND: A deposit bond is a guarantee of payment of the deposit to the vendor if the purchaser defaults. It is used in lieu of a cash deposit when the purchaser does not have the cash to pay or for any other reason. It is usually used when a purchaser is selling a property and all their assets are tied up in that property so they do not have the cash to put down on a property purchase. It can only be used if the vendor will accept the bond.
EASEMENT: A legal right to use a designated part of someones land for a particular purpose. EXCHANGE OF CONTRACTS: This is the making of the contract between the parties. Two identical contracts, one signed by each party to the transaction are exchanged so that each party holds the contract signed by the other party. The deposit is paid at this time and the contracts are dated. It is at this point that the parties are bound to the transaction and the contract contains all the conditions of the sale. Page 25 ABL Conveyancing Kit FEE SIMPLE: The highest interest in land that can be owned by an individual. FINAL INSPECTION: A purchaser is entitled to, and should always have, a final inspection of the property prior to settlement to make sure that the property is in the same condition as when first inspected and to see
that all inclusions are left. FINANCE: This must be organised before you commit yourself to the contract to purchase. The contract is not normally conditional on finance approval and once you are committed to buy you must complete the contract regardless of whether you have finance to do so or not. If you are unable to complete the purchase you stand to lose the deposit paid and also to be sued for any loss that the seller may incur. Page 26 ABL Conveyancing Kit FITTINGS: Goods or articles that can be removed from the property without causing damage FIXTURES: Items such as built-in cupboards, bath, toilet, stove, etc that cannot be removed without causing damage. INSURANCE: Insurance risk passes on settlement day. All building insurance should be put in place before the purchase is settled. Your lender will want a copy of the policy before they agree to settle so this will need to be done a couple of weeks before settlement. LAND TAX:
A state government tax payable by owners of a property (normally not their permanent place of residence) based on the value of the property. JOINT TENANTS: Joint tenants, means that each person owns the property jointly and on the death of one of them the property automatically passes to the remaining joint tenant or tenants. REGISTERED PROPRIETOR: The person whose name appears registered on the certificate of title as owner of the land. Page 27 ABL Conveyancing Kit SETTLEMENT: This is the day on which all monies are handed over in exchange for the title deeds and the day on which possession is given to the purchaser. STAMP DUTY: The amount of stamp duty payable on the contract is determined by the sale price of the property, the higher the price the higher the duty. Stamp duty is paid after contracts are entered into and usually before settlement of the transaction. STRATA TITLE: This is the name given to the ownership of units, townhouses, villas. It is a form of Torrens title. TENANTS IN COMMON: A tenant in common, means that each person owns a share in the property and on the death of one party that share passes to whoever inherits their estate.
Page 28 ABL Conveyancing Kit TORRENS TITLE: This is the name given to a system of recording ownership of land. It is the most common form of land title and the cheapest to convey. When you are registered on title you are guaranteed ownership by the state government. TRANSFER: A document signed by the vendor and the purchaser that when registered by the Lands Department, legally changes the ownership of the land. Usually referred to as simply the Transfer (not to be confused with the contract). VALUATION: A written report by a registered valuer showing his opinion of the value of the property, usually required by a lender so that they know what the market value of the property is. Page 29 CHAPTER 4: General Information Here you will find information in relation to the usual disbursements involved in both sale and purchase transactions. When you
have made the decision to sell, or have chosen your new home, we will provide a written quotation outlining both our professional costs and disbursements in full. There will be none of those hidden extras relates to general issues. Page 30 ABL Conveyancing Kit CONVEYANCING DISBURSEMENTS (ESTIMATE ONLY) SALE Section 149 Certificate (2) & (5) .............. ... $166.10 Title Search fee .............. ... $15.40
$55.00 Agency fee (for stamping) .................... $25.00 Registration fee (for transfer) .................... $204.00 Registration fee (for mortgage) .................... $102.00 Sundries .................... $126.00 (approx) Pest and Building Report (estimated)
.................... $550.00 Building Certificate (Council) (estimated) .................... $250.00 Survey Report .................... Cost Varies Strata title report: .................... $250.00 Section 109 Certificate .................... $114.40 Certificate of Currency ....................
$48.00 Optional: Strata Title Only: Page 32 ABL Conveyancing Kit MOVING DOS AND DONTS DO get quotes from removalists firms and always check insurance cover. DO the big throw out at least four weeks before you need to start packing. DO donate the leftovers to charity. DO pack vital papers like Wills, passports, birth certificates, diplomas and so forth in a separate box and give it to a trusted friend or relative to keep until after your move. Page 33 DO pack non-essential items e.g. out of season clothes,
rarely-used vases etc in boxes mark them NON-E. Then youll know they can stay unpacked at the new place for a while (hopefully ABL Conveyancing Kit MOVING DOS AND DONTS DONT forget your Essentials box, full of small tools, toilet paper, light globes, $50.00, soap and towel, mugs/coffee/tea, kettle, spoons and sugar and other comfort items youll need on moving day. Highlight this box with red texta. DONT forget to cancel then re-connect your phone, gas, newspaper, electricity, pay TV and other relevant services. DO label boxes with a general idea of whats in where. e.g. a box labeled Jacks Room will save a lot of double handling and aggravation. // Page 34 ABL Conveyancing Kit
MOVING DOS AND DONTS DONT mislay keys. As DO have a to bed box filled with the sheets, blankets, toothbrushes, pyjamas and any other necessities and this will make the end of a long day far more pleasant for all. Lastly, DO sleep tight. Youre home! // Page 35 real people...real solutions IF YOU WOULD LIKE MORE INFORMATION IN RELATION TO ANY CONVEYANCING TRANSACTION VISIT: www.andersonboemi.co m.au or call us on (02) 9653 9466
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