What are ‘Special Conditions’ in a Contract of Sale?

Special Conditions in a Contract of Sale are additional conditions to the General Conditions of a contract of sale. These conditions are inserted into the contract by the Vendor's legal representative and sometimes by the Agent.

A Vendor's legal representative may insert special conditions into a contract to vary the general conditions or to provide further protection for the Vendor, such as allowing the Vendor the right to terminate the contract in certain circumstances. Conditions may also be inserted to limit the Purchaser's rights.

Sometimes you may negotiate an additional Special Condition to be inserted into the contract as the Purchaser. Examples include requiring the Vendor to have the carpets and/or the property professionally cleaned prior to settlement, having all appliances in good working order prior to settlement, or for the lawns and gardens to be mowed and weeded.

You should carefully think about any Special Conditions included in a contract prior to signing it and if you require your own Special Conditions, speak to the Agent to see if the Vendor would be agreeable to include such Conditions prior to going any further.

How Grainger Legal can help 

At Grainger Legal, we understand that Special Conditions can significantly impact your rights and obligations under a Contract of Sale. That's why we take the time to thoroughly review every clause in your contract, including all Special Conditions, to ensure you fully understand what you're agreeing to before you sign.

Our team will identify any conditions that may unfairly limit your rights as a Purchaser or expose you to unnecessary risk. We'll explain each condition in plain language so you can make informed decisions, and where needed, we'll negotiate amendments or additional conditions on your behalf to better protect your interests.

Whether you're buying or selling, having a legal professional review your contract is one of the most important steps in the conveyancing process. If you'd like us to review your Contract of Sale or have questions about any Special Conditions, get in touch with our team today.

If you'd like us to review your Contract of Sale or have questions about any Special Conditions, get in touch with our team today.

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