Special conditions add to or alter a property contract's usual terms. They can address finance, inspections, repairs, inclusions or settlement arrangements, but the heading alone tells you little about the protection they provide. The wording, deadlines and process for acting on the clause are what matter.
Through our conveyancer introduction service, you can arrange independent review of the actual contract. Provide the full draft, attachments and amendments before signing or bidding. Our settlement guide explains the wider timeline; this checklist focuses on the conditions themselves.
Identify what the condition actually does
Ask whether a clause creates a right to terminate, requires an action, allows a negotiation or merely records an acknowledgement. These are not interchangeable. 'Subject to inspection' does not tell you which findings qualify or what you must do if the report is unsatisfactory.
Check whether special conditions override standard terms and whether other clauses limit the apparent protection. A contract may allocate a risk differently from what you expect. State and territory law, the sale method and the contract form all matter; do not import a clause from another transaction without advice.
Read every condition as a workflow
- What event triggers the clause, and what evidence is needed?
- Who must arrange the report, application, repair or other action?
- What is the deadline, how is it calculated and does time matter strictly?
- Who must receive a notice, in what form and by which delivery method?
- What happens if the requirement is not met, and who can exercise the remedy?
- Can the condition be waived or extended, and must agreement be in writing?
Finance and inspection conditions need coordination
Ask your broker what lender steps remain and your conveyancer whether the finance clause covers the circumstances you are concerned about. A pre-approval is not the same as final approval for a specific property. Make sure deadlines allow the actual work, without assuming the seller will extend them.
For inspections, confirm access, report type and the scope of the contractual trigger. Some clauses may be much narrower than 'any defect'. Give reports to the conveyancer promptly and ask how a concern must be notified. Discuss options before a deadline rather than relying on a phone call to the selling agent.
Record practical agreements precisely
A hypothetical buyer agrees that a damaged appliance will be replaced before settlement. Questions include the replacement specification, evidence of completion, access to verify it and the remedy if it is not done. A listing comment that 'the seller will fix it' leaves all of those matters uncertain.
Similar care is needed for inclusions, vacant possession, existing tenants, early access and unusual settlement arrangements. Ask about insurance and liability if you propose entering or doing work before ownership transfers. Never assume an informal agreement changes the signed contract.
Keep a deadline and document register
Save the agreed version and have your conveyancer confirm the action dates and who is responsible. Send any proposed amendment back for review. Cooling-off rights and auction rules vary and can be limited or unavailable; they are not a substitute for understanding the contract before committing.
A common signing question
Can I add a protective clause after I sign?
Do not rely on it. A change generally needs the required agreement and formalities, and the seller may not agree. Have the wording and consequences reviewed beforehand, including any steps needed to preserve your rights.
