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Explore common special-condition requests, then talk with us about wording that fits your contract and circumstances.
Special conditions, explained.
This page explains the nature and purpose of common special conditions, how they can operate and when they may help, using short examples rather than wording to copy into your Contract.
For specific wording to include in your Contract, please contact us. We would be happy to discuss your circumstances and provide a condition tailored to your transaction.
These are general examples, not legal advice or ready-to-use clauses. The agreed wording, deadlines, notices, Contract and applicable law determine your rights. Any proposed change must be agreed. Do not assume you can terminate, delay settlement or withhold money. Wills and estate administration can require different legal documents, rather than a sale-contract condition.
General Residential property Off the Plan Commercial property SMSF property Manufactured homes Transfers & titles Guarantee / independent advice Retirement & other transactions Leasing Probate & estates Wills & estate planning For agents
General queries
A condition suited to your matter
A tailored Special Condition records an agreed requirement, deadline and consequences if it is not met, helping turn an important promise into a clear contractual obligation.
Example: The Seller agrees to leave a freestanding appliance, and a written condition records its inclusion so you are less likely to face an unexpected replacement cost.
Agreed changes after signing
An agreed Contract variation or deed records a price change or other amendment and the obligations that remain, with any duty, lender and signing implications checked as related drafting work rather than a new pre-signing condition.
Example: An inspection identifies repairs, and a written variation records the agreed price reduction instead of relying on an informal promise.
Residential conveyancing
Due diligence
A Due Diligence Condition allows you to undertake searches and enquiries within an agreed timeframe, including into matters not covered by seller disclosure, such as flood history and building approvals, with a right to terminate if you are not satisfied in accordance with the condition.
Example: Searches reveal an unapproved extension, and a suitable condition may allow you to withdraw rather than inherit costly approval or removal work.
Cleaning before settlement
A Cleaning Condition requires the Seller to leave the property to an agreed standard before settlement and specifies what happens if they do not, helping avoid disagreement and unexpected cleaning costs.
Example: If the carpets are left heavily soiled, the condition can require the Seller to arrange and pay for the agreed professional clean.
Repairs and agreed works
A Repairs Condition specifies the work the Seller must complete, the required standard, the deadline and what happens if the work is incomplete, turning a promise to repair into a clear contractual obligation.
Example: The Seller promises to repair a leaking roof, and the condition requires the agreed repairs and evidence of completion before settlement, helping you avoid inheriting the repair bill.
Smoke-alarm evidence
A Smoke-Alarm Evidence Condition requires appropriate evidence of compliance by an agreed date and a process for addressing defects, helping verify that the Seller has met their existing obligations before settlement.
Example: An inspection identifies missing bedroom alarms early enough for the Seller to have them installed before settlement.
Risk and insurance
A Risk Condition can keep the risk of damage with the Seller until settlement, reducing your exposure before taking ownership, although you should still check your own insurance arrangements promptly.
Example: A storm damages the roof before settlement, and an agreed risk condition keeps that risk with the Seller rather than passing it to you.
Body corporate records
A Body Corporate Records Condition, whether in the standard Contract or tailored wording, gives you agreed time to review records and sets out any right not to proceed, helping you assess liabilities such as special levies.
Example: Proposed major works would require a substantial levy, and a suitable condition may allow you to withdraw before becoming unconditional.
Soil testing
A Soil Testing Condition can make your purchase subject to a satisfactory report within an agreed timeframe, helping you assess ground conditions for your proposed use without guaranteeing approval to build.
Example: A report identifies unexpectedly costly foundations, and a suitable condition may let you withdraw before committing to the land.
Access before settlement
A Pre-Settlement Access Condition records permitted activities, notice, insurance and responsibility for damage so agreed visits do not leave important responsibilities unclear.
Example: You need measurements and renovation quotes, and the condition permits those visits without authorising building work before settlement.
Early possession
An Early Possession Condition or licence records when you may occupy before settlement and your obligations if settlement is delayed or fails, with insurance and damage responsibilities addressed.
Example: Your current lease ends before settlement, and an agreed licence sets out the costs and responsibilities of moving in early.
Furniture and other inclusions
An Inclusions Condition identifies the furniture, appliances and other items included in the sale and their agreed condition, helping avoid disputes over what stays at settlement.
Example: The refrigerator and outdoor furniture are important to you, and the condition records that they must remain rather than leaving their inclusion to assumption.
Existing bookings and letting arrangements
A Letting and Possession Condition identifies existing bookings or letting arrangements and the lawful notice and handover requirements, so you understand the possession you will receive at settlement.
Example: Holiday bookings run beyond settlement, and agreed terms clarify which continue and how the related payments and handover will be handled.
Your particular circumstances
A Tailored Condition addresses a requirement important to you, such as settling an existing home sale or obtaining an approval, and specifies the agreed rights if that requirement cannot be met.
Example: If the sale of your existing home falls through, a suitable sale-and-settlement condition may allow you to terminate the purchase rather than face a funding shortfall.
Off the Plan
Contract conditions and negotiation points
These examples explain possible negotiated protections for an off-the-plan purchase, rather than rights automatically included in every Contract. The wording must work with the project documents and applicable law, and proposed land and community-title purchases can be governed by different rules.
Finance and valuation
A Finance and Valuation Condition can make your purchase subject to agreed lending and valuation requirements within specified timeframes, helping manage the risk that your finance arrangements change before the property is ready.
Example: Your lender’s final valuation leaves a funding shortfall, and a suitable agreed condition may allow you to withdraw if that shortfall cannot be resolved.
Sunset dates and extensions
A Sunset Date Condition identifies a project deadline, permitted extensions and the consequences of delay, helping clarify how long you must remain committed and when a lawful termination right may arise.
Example: Registration remains incomplete after the agreed deadline and permitted extensions, and an available termination right may let you exit rather than wait indefinitely.
Changes to plans and inclusions
A Plans and Inclusions Condition identifies features important to you and limits permitted changes or specifies what happens if they change, helping protect the property you agreed to buy.
Example: A proposed change removes an essential parking space, and a suitable condition may allow you to require an agreed alternative or withdraw.
Settlement notice and readiness
A Settlement Notice Condition specifies what must occur before settlement is called and the notice you must receive, giving you and your lender an agreed period to prepare.
Example: The completed apartment becomes ready sooner than expected, but the agreed notice period gives your lender time to arrange settlement funds.
Inspections and defects
An Inspection and Defects Condition provides a process to inspect the property, record defects and require agreed rectification, helping resolve problems without assuming every defect permits settlement to be delayed.
Example: Your inspection identifies damaged cabinetry, and the condition records who must repair it and by when so the issue is not left unresolved after handover.
Deposit arrangements
A Deposit Condition records who holds your deposit and the lawful circumstances for its release or return, working alongside statutory protections to clarify how your funds or any proposed alternative security will be handled.
Example: You validly terminate under a condition entitling you to a deposit refund, and the agreed process helps secure its return rather than leaving the payment arrangements unclear.
Private-use outdoor areas
An Outdoor Area Condition can specify the courtyard or outdoor rights to be provided and any required approvals, while the registered plan, community management statement and applicable law determine how those rights are created.
Example: A courtyard is important to your purchase, and agreed terms require it to form part of your lot or a valid exclusive-use area rather than relying on a sales description.
Updated disclosure documents
A Document Priority Condition identifies which agreed budget, finishes schedule or other document version applies and addresses inconsistencies without removing mandatory disclosure rights.
Example: Two finishes schedules show different flooring, and the condition identifies the agreed revision so the promised inclusions are clear.
Outgoings at settlement
An Outgoings Condition clarifies when responsibility for rates, levies and other lawful adjustments passes to you, helping avoid unexpected settlement charges while respecting restrictions on particular costs.
Example: Agreed terms keep specified outgoings with the Seller through the settlement date, so you are not charged for a period the Seller agreed to cover.
Agreed completion expectations
A Completion Milestone Condition can record an important agreed completion requirement and a negotiated consequence if it is missed, rather than treating an estimated date as an automatic right to withdraw.
Example: You rely on completion before a particular date, and a separately agreed condition may give you an exit right if that milestone is missed.
Seller termination rights
A Seller Termination Condition can limit a contractual termination right to specified circumstances and require reasons or supporting information, helping you understand and assess a proposed termination.
Example: A Seller seeks to end the Contract, and agreed requirements for reasons and particulars help you assess whether that contractual right is available.
Commercial conveyancing
Due diligence
A Due Diligence Condition allows you to investigate matters such as leases, approvals, property condition and your intended use within an agreed timeframe, with a right to terminate if you are not satisfied in accordance with the condition.
Example: Council enquiries reveal that your proposed business use is not approved, and a suitable condition may let you withdraw rather than purchase unsuitable premises.
Your particular circumstances
A Tailored Condition addresses a requirement important to your commercial purchase, such as vacant possession, tenant arrangements or agreed works, and specifies what must happen before settlement and the consequences if it does not.
Example: The Seller cannot obtain vacant possession by settlement, and a suitable condition may let you withdraw instead of buying premises still occupied by a tenant.
SMSF property conveyancing
A condition suited to an SMSF purchase
A tailored SMSF purchase condition can make the Contract subject to agreed finance or due-diligence requirements, while the property’s eligibility, correct purchaser, trustee capacity and fund structure must be checked before signing.
Example: The lender declines the proposed SMSF finance, and a suitable finance condition may allow the fund to withdraw rather than default at settlement.
Manufactured homes
A condition suited to your home purchase
A tailored Manufactured Home Sale Condition records agreed repairs, inclusions and handover arrangements alongside the required sale and site documents, helping ensure your purchase reflects what was promised.
Example: The Seller promises to replace a faulty hot-water system, and the condition requires completion before handover so you are not left with the agreed repair bill.
Finance approval
A Finance Condition can make your manufactured-home purchase subject to suitable lender approval by an agreed deadline, while approval and the actual advance of funds remain separate steps.
Example: Your lender declines the proposed loan, and a suitable condition may allow you to withdraw rather than face a settlement you cannot fund.
Sale of an existing property
An Existing Property Sale Condition can make your manufactured-home purchase dependent on your current sale becoming unconditional by an agreed date, without assuming the sale proceeds have already been received.
Example: Your house sale still depends on finance approval, and a suitable condition protects you from proceeding with the home purchase before that uncertainty is resolved.
Linked settlement and sale proceeds
A Linked Settlement Condition coordinates completion of your manufactured-home purchase with receipt of proceeds from your existing sale and specifies any agreed extension or termination rights.
Example: Your house settlement is delayed, and an agreed short extension for the home purchase helps avoid a funding gap between the transactions.
Building, pest and specialist inspections
An Inspection Condition gives you agreed time to obtain identified building, pest or specialist reports and sets out your rights, notices and deadlines without assuming a repair request extends them.
Example: An electrical report identifies costly defects in an older home, and a suitable condition may allow you to withdraw within the agreed time.
Furniture and contents inventories
A Contents Condition identifies the furniture, appliances and other items included with the manufactured home and their agreed condition at handover, helping avoid uncertainty about what you are buying.
Example: The refrigerator and outdoor furniture are listed in an agreed inventory so they are not removed before handover.
Security-interest discharge
A Security Discharge Condition requires the agreed evidence and arrangements for relevant finance or security interests to be released at settlement, rather than treating a clear search alone as a complete title guarantee.
Example: The Seller’s lender must release its security when the price is paid, reducing the risk of that security continuing to affect your home.
Site rent and settlement adjustments
An Adjustments Condition allocates site rent, utilities and other agreed charges around settlement by reference to the relevant site-agreement and handover dates, helping prevent duplicated or missed charges.
Example: The Seller has prepaid site rent beyond handover, and the agreed adjustment identifies the amount, if any, you reimburse.
Park-document review and completion safeguards
A Park Document Condition coordinates agreed review of material park documents, required site agreements and lawful completion of the purchase while preserving applicable disclosure and cooling-off rights.
Example: Required site-agreement arrangements are not in place, and tailored terms clarify what must happen before lawful completion and any agreed right to end the transaction.
Condition, damage and final inspection
A Condition and Damage Clause records the required state of the home, final-inspection arrangements and agreed consequences of material damage before settlement, helping clarify who must deal with an unexpected problem.
Example: A storm damages the home before settlement, and agreed terms identify the repair obligations and any available delay or termination rights.
Property transfers and title changes
A condition suited to your transfer
A tailored Transfer Condition coordinates payment, lender requirements and transfer documents, helping ensure ownership changes on the agreed terms and at the agreed time.
Example: A co-owner is buying your share, and the condition requires the agreed payment and any necessary lender-approved release before your transfer is completed.
Guarantee advice / Independent legal advice
Terms suited to your guarantee
A negotiated Guarantee Limitation defines the debts covered and any agreed cap or release requirements, helping you understand and limit the financial exposure you accept after independent legal advice.
Example: A guarantee restricted to one identified loan can protect you from liability for the borrower’s unrelated future loans.
Related loan provisions: repayment, interest and fees
A Repayment Provision records payment dates, interest calculations and fees so the legal payment obligations are clear, without replacing advice about the loan’s financial or tax suitability.
Example: A written repayment schedule identifies monthly amounts and the final repayment date so you can check your obligations before signing.
Related loan provisions: conditions before advance
Conditions Before Advance identify required documents, insurance evidence and other agreed steps before a lender releases funds, helping distinguish loan approval from readiness to settle.
Example: The lender still requires insurance evidence and completed security documents, and identifying those requirements early helps avoid a last-minute funding delay.
Related loan provisions: default notices and remedies
Default Provisions identify breaches, any opportunity to remedy them and available contractual remedies, subject to consumer-credit and other mandatory protections rather than a universal notice period.
Example: A repayment is missed, and clear notice and remedy requirements help you understand what must happen before enforcement action can be taken.
Retirement living and other transactions
A condition suited to your arrangement
A tailored retirement-living condition can address an agreed entry date, required work or payment arrangement, helping align your move with your circumstances while preserving applicable statutory protections.
Example: A village agrees to install bathroom handrails before you move in, and a written condition records the work and completion date so the promise is clear.
Leasing and property law
A condition suited to your lease
A tailored Lease Condition can link rent commencement to agreed approvals or completion of works, helping prevent you paying rent before the premises are ready on the agreed terms.
Example: The Landlord’s promised electrical upgrade is delayed, and a suitable condition defers rent until the agreed work is complete.
Maintenance-fund contributions
A Maintenance Fund Provision defines permitted contributions, calculations and reporting within applicable retail-leasing limits, helping make eligible maintenance charges transparent rather than passing through unrestricted capital costs.
Example: The Landlord requests a maintenance contribution, and agreed reporting and statutory limits help you check whether the charge is permitted and correctly calculated.
Bank-guarantee requirements
A Bank Guarantee Provision specifies the agreed amount, beneficiary, duration and replacement or release requirements, helping ensure the bank document and lease provide the security the parties intended.
Example: A guarantee names the wrong Landlord, and clear requirements help identify and correct the problem before the lease security is relied on.
Probate and estate administration
Conditions for estate transactions
Where an estate is entering a Contract, a tailored condition can link completion to a grant of probate or other required authority, helping the estate avoid an unrealistic settlement commitment.
Example: An estate property is sold while a required probate application is pending, and an agreed condition links settlement to the grant rather than an unworkable fixed date.
Estate agreements: beneficiary property buy-outs
A Beneficiary Buy-Out Agreement records the supported value, payment timetable, security and transfer requirements for an estate-property purchase, with executor conflicts, affected interests and duty or tax consequences checked.
Example: One sibling buys the family home at an agreed supported value, with a defined payment timetable and appropriate security for amounts owed to the others.
Estate distributions: assets instead of cash
An Estate Asset Allocation records the assets, supported values and balancing payments applied towards beneficiaries’ shares, subject to the required authority, notice or consent and any duty or tax implications.
Example: One beneficiary receives an estate property while others receive cash, with the valuations and balancing adjustments clearly documented.
Estate agreements: settlements and limited releases
An Estate Settlement Agreement records an agreed dispute outcome and precisely defines any claims released, subject to proper authority and required approvals rather than treating a receipt as a blanket waiver.
Example: Beneficiaries resolve a disputed distribution and document the payment, retained rights and limited release instead of leaving the settlement’s scope uncertain.
Wills and estate planning
Provisions tailored to your Will
Wills require tailored testamentary provisions rather than ordinary contract conditions, allowing your gifts, substitute beneficiaries and executor powers to reflect your circumstances and reduce uncertainty for your family.
Example: Your Will identifies who should receive a gift if the intended beneficiary dies before you, helping avoid an unintended result.
Rights to live in the family home
A tailored Right to Reside or Life Interest Provision can allow someone to live in a property while defining its eventual destination, with the different rights, expenses and ending events considered for your circumstances.
Example: Your partner can remain in the home, with clear repair responsibilities and an agreed outcome if they move permanently into care.
Testamentary trusts and staged inheritances
A Testamentary Trust Provision sets out who manages an inheritance, who may benefit and when control or capital can pass, without assuming guaranteed tax savings or protection from creditors or family-law claims.
Example: A trustee manages funds for your children, meets permitted education expenses and passes control at the age specified in your Will.
Blended-family gifts and substitute beneficiaries
Tailored Gift and Substitution Provisions identify intended beneficiaries and backup arrangements, helping address a blended family without assuming an outright gift to your spouse controls their later Will.
Example: Your Will specifies shares for children and stepchildren and who takes a share if an intended beneficiary dies before inheriting.
Family loans and inheritance equalisation
A Loan and Equalisation Provision explains how documented family debts or earlier financial support affect inheritances, including whether amounts are released or brought into account rather than assuming equal treatment happens automatically.
Example: A documented loan to one child is brought into account when the remaining estate is divided under your Will.
Specific gifts, sale proceeds and property expenses
A Specific Gift Provision can clarify related income, expenses and any substituted sale proceeds where an asset is under contract or option at your death, without assuming the same outcome for every lifetime disposal or tax liability.
Example: Your Will addresses whether a beneficiary receives the proceeds of a property sale pending at your death, rather than leaving that outcome uncertain.
Guardians and financial support for children
Guardian and Support Provisions record your proposed guardians and appropriate trustee powers to support children and their carers, subject to surviving-parent rights, court arrangements and beneficiary entitlements.
Example: Your Will names a proposed guardian and permits properly considered payments towards your children’s accommodation and education.
Digital assets and personal legacy wishes
Digital Asset Provisions and a separate record of wishes can address transferable assets and personal records while distinguishing binding gifts from wishes and respecting ownership, privacy and provider access rules.
Example: Your estate plan identifies digital assets and asks that family photographs be preserved through the provider’s lawful process, without putting passwords in your Will.
Related attorney provisions: appointments and commencement
Tailored Attorney Appointment Provisions identify who acts, how multiple attorneys work together and when financial powers begin, while enduring personal powers operate only when the relevant decision-making capacity is absent.
Example: Your financial powers begin on a specified event, with an eligible replacement attorney if the first person cannot act.
Related attorney provisions: safeguards and spending
Attorney Safeguards can impose appropriate limits and notification requirements for financial decisions, gifts and conflicts, while statutory duties remain and benefits to an attorney require specific advice and authority.
Example: Your attorney must notify a nominated person before a major financial decision and follow specified limits on gifts.
Resources for agents
For agents and clients: common requests, carefully considered
We can help agents and clients record agreed requirements for due diligence, cleaning, repairs, smoke-alarm evidence and risk allocation, with wording that fits the transaction and specifies what happens if a requirement is not met.
Example: The parties agree that the Seller will repair a damaged fence, and a tailored condition identifies the fence, required standard and completion date.
Special conditions: begin with the outcome you need
Contact us before your client signs so we can discuss the proposed outcome and provide wording that works with the Contract, disclosure documents and any relevant insurance arrangements.
Example: For early access, a tailored condition can record permitted use, insurance and responsibility for damage so those issues are addressed before access is given.
Resources are general information. Check current official forms and speak with our office about your documents and dates. Downloading or reading a resource does not establish an engagement.