Examples of Special Conditions in a Contract

27.03.2023
Examples of Special Conditions in a Contract

So you’re in the market to buy a property.

Whether it’s land or bricks and mortar, there’s always a sales contract that you need to read through, understand and sign before ownership can ultimately be yours.

That’s where your property lawyer in Chatswood comes in – you get the personalised advice, protection and guidance that you need when going through the process of buying real estate.

A property lawyer in Chatswood can also save you time and money – as professionals in the legal field and in property, they understand the intricacies of buying and selling in NSW, and how to read through and understand those long sales contracts!

One section of the sales contract that is very important is the section called ‘Special Conditions’ as it could impact you as a buyer without you directly knowing it.

Generally a seller will include special conditions as amendments in the sales contract to protect their interests, under the guidance of their own conveyancing solicitor or property lawyer in Chatswood.

So let’s take a look at what some of the ‘special conditions’ could include on sales contract for a property.

Examples Of Special Conditions

  • Fences On The Property

This special condition means that you as a purchaser accept any external fences on the said property and cannot require the seller to repair or maintain any of these fences.

  • Swimming Pool

With a property for sale that has a pool, a certificate of registration and compliance is required in the contract. If it’s not compliant, you as the buyer would need to obtain a compliance certificate within 60 days of settlement.        

  • Off The Plan Properties

Given that with ‘off the plan’ properties you can’t touch and feel the actual property, you need to be satisfied with the level of detail outlined in the sales contract special condtions in order to proceed. Things to check: inclusions, any potential variations and time for completion to name a few.

  • House & Land Packages

When purchasing a house and land package, keep in mind there are 2 contracts that need to be finalized and signed - sale of land contract along with the building contract.

Prescribed Documents (NSW)

When referring to prescribed documents in sales contracts, these are things that need to be clearly communicated to the intended buyer. Full disclosure needs to be given prior to the purchaser going ahead with the sale.

This is covered under the Conveyancing Act 1919 which protects the purchaser in the event that full disclosure is not given, the purchaser can rescind the contract within a certain time frame.

Your property lawyer in Chatswood will have an exhaustive list when it comes to prescribed documents, but some of them include:

  • Providing a Title Search for the property in question
  • Providing a plan of the land, showing size, measurements and dimensions of the land with respect to neighbouring properties
  • Any by-laws

Things Your Property Lawyer in Chatswood Will Do When You’re Buying Property

As conveyancing solicitors in Chatswood, there is quite a bit of paperwork to ensure the real estate transaction is legal and complete:

  • Reviewing the legal documents/contracts
  • Providing legal advice to the client
  • Facilitating and helping organise the settlement
  • Can advise you on any fees that may be payable on the sale

Your Conveyancing Solicitors – TY Lawyers Chatswood

You want to make sure you’re interests and your finances are covered when it comes to purchasing property.

That’s where your conveyancing solicitor or property lawyer in Chatswood comes in – get assistance, guidance, advice and help along the way to ensure everything is done right and have peace of mind.

We help you navigate through the legalities and paperwork when you’ve got your finances in order and have found a property that you’re serious about proceeding with when buying or selling.

Our team at TY Lawyers Chatswood are here to help.

Contact us today to discuss your requirements and one of our experienced property lawyers or conveyancing solicitors in Chatswood will be able to assist you.

Call TY Lawyers Chatswood on: (02) 8007 0135.

Please wait...