Contract Special Conditions in Victoria: 10 Clauses Buyers Should Check

The general conditions in a Victorian Contract of Sale are only part of the agreement. Vendors frequently add special conditions that amend the standard position, impose extra obligations or limit a buyer’s rights. These conditions should be reviewed before the buyer signs.

Ten special conditions that deserve attention

1. Default and penalty interest: check the interest rate, notice costs and other charges if settlement is late.

2. Property condition: clauses may state that the buyer accepts visible and hidden defects or cannot require repairs.

3. Finance: confirm the lender, amount, approval date and notice requirements.

4. Building and pest inspections: check who may inspect, the deadline and what level of defect qualifies.

5. Settlement changes: some clauses allow the seller to extend settlement or charge a fee for the buyer’s request.

6. Adjustments: special wording may change how land tax, owners corporation levies, rent or outgoings are apportioned.

7. Goods and fixtures: confirm which appliances, fittings and chattels remain and whether any warranty is given.

8. Owners corporation and cladding: clauses may shift responsibility for levies, defects or future works.

9. GST and withholding: the contract may allocate GST risk or require purchaser withholding for certain transactions.

10. Nomination and assignment: restrictions or fees may apply if the purchaser name needs to change.

A special condition can override the usual expectation

A buyer may assume the property must be repaired, professionally cleaned or delivered with every appliance working. The contract may say something different. Likewise, an agent’s marketing statement does not necessarily become a contractual promise.

Ask for amendments before signing

Unfair or unsuitable wording can sometimes be deleted or amended, but the seller must agree. Negotiation is usually more effective before the buyer signs or bids at auction.

Do not review clauses in isolation

A clause may interact with the particulars of sale, Section 32, title, owners corporation documents and other conditions. The whole contract must be considered together.

How DY Conveyancing Melbourne can help

A contract should be reviewed before you sign or bid, while there is still time to identify risk and request changes. DY Conveyancing Melbourne assists buyers and sellers across Victoria with contract review, property transfers and electronic settlement. Contact our team before committing to the transaction.

Frequently asked questions

Are special conditions legally binding?

Generally yes once incorporated into a signed contract, subject to applicable law.

Can the agent explain them?

The agent represents the seller and should not replace independent conveyancing advice.

Can a special condition remove cooling-off rights?

A contractual term cannot simply remove a statutory right, but statutory exceptions may apply.

Can I negotiate special conditions at auction?

Request changes before bidding; after winning, the seller may refuse amendments.

Important information

This article provides general information only and is not legal advice. Obtain advice about your contract and circumstances before acting.