Most NSW property sales use the standard Contract for the Sale and Purchase of Land published by the Law Society of NSW and REINSW, plus special conditions added by the seller. Once contracts are exchanged and any cooling off period ends, every term is binding, including the special conditions, so read them before you sign.
One of the biggest misunderstandings Marcelino sees is buyers thinking they can sign first and change things later. The contract is the deal. Anything that is not in it, including promises from the agent, generally does not bind the seller.
The parts of a NSW contract
| Part | What it contains |
|---|---|
| Front page | Names, price, deposit, settlement date, inclusions and exclusions |
| Standard conditions | The printed terms that apply to most sales, covering deposits, settlement, defaults and adjustments |
| Special conditions | Extra clauses added by the seller that change or add to the standard terms |
| Required documents | Title search, plan, section 10.7 planning certificate, drainage diagram, and pool or strata documents if relevant |
| Disclosure warning | A prescribed notice about cooling off, and other required warnings |
Special conditions to watch for
- Early release of deposit to the seller before settlement
- Late settlement penalties that are higher than usual
- Limits on your requisitions, the questions you can ask about title
- No claims for defects or for items that do not work
- Clauses saying you rely only on your own inquiries, not on anything the agent said
- Off the plan or new build terms, such as the developer's right to change the plans
A special condition can significantly change the standard terms. We read every one and tell you which matter.
Inclusions and agent promises
If the agent says the blinds, the shed or the pool equipment stays, check that it is listed as an inclusion on the front page. If the agent says the seller will fix the fence, that promise needs to be written into the contract. Otherwise, you may have no right to insist on it.
Easements and covenants
The title search and plan show easements and covenants. An easement gives someone else a right over part of the land, such as a drainage line or a right of way. A covenant restricts what you can do, such as the type of fence or building. Both can affect renovations and future plans.
What protects buyers
NSW law requires the seller to attach certain documents and gives the buyer a right to end the contract in some cases if the property is affected by something that should have been disclosed but was not. These protections have limits and deadlines, so act quickly if something is wrong.
Common questions
FAQs
Can I change the contract after I sign?
Only if the seller agrees. Changes after exchange can be slow and add legal costs on both sides.
Does a seller have to fix things before settlement?
Only if the contract says so. Get repairs written in before exchange.
Is the contract the same for every sale?
The standard conditions are, but the special conditions vary and are where most of the risk sits.
Sources: Law Society of NSW · NSW legislation: Conveyancing Act 1919
City Peak Conveyancing acts on NSW property only. This page is general information, not advice about your circumstances.