Common Contract Special Conditions

  • Subject to the Buyer giving the Seller 24 hours’ notice, the Seller agrees to allow the Buyer and its authorised representatives access to the Property twice a week during the two weeks prior to Settlement for the purposes of:

    [INSERT PURPOSE/S HERE]

  • This Contract is subject to and conditional upon the Seller, at its own expense, having the property professionally cleaned prior to Settlement. If the Seller does not have these works completed prior to Settlement, the Buyer may deduct a reasonable amount from the balance of purchase price at Settlement, equivalent to the cost of a professional cleaner to clean the property.

  • Description tNotwithstanding anything to the contract, the Seller must provide the Buyer with a smoke alarm compliance certificate issued by a qualified electrician, as evidence that the smoke alarms in the property comply with the Fire and Emergency Services Act 1990 (and Regulations thereto), by the Settlement Date, failing which the Buyer may deduct 0.15% of the purchase price at Settlement.ext goes here

  • This Contract is subject to and conditional upon the Buyer, in the Buyer’s absolute discretion,  being satisfied with the results of a full Body Corporate Records Inspection, on or before 14 days from  the Contract Date (“Due Date”).

    The Buyer must provide written notice to the Seller no later than 5:00 pm on the Due Date,  stating either:

    a. The Buyer is satisfied with the results of the Body Corporate Records Inspection under special   condition 1.1; or

    b. The Buyer is not satisfied with the results of the Body Corporate Records Inspection and elects to terminate the Contract, in which case:
    i. The Contract shall be immediately at an end; and
    ii. The Deposit shall be refunded in full to the Buyer without deduction and neither party   shall have a claim against the other, save for any prior default.

    The Seller consents to the Buyer (or Agent/Representative) conducting the inspection and agrees  to assist and execute any consent forms required by the Body Corporate Manager or Secretary to facilitate access to the records.

    The Seller acknowledges this special condition is for the sole benefit of the Buyer and may be  waived by the Buyer at any time.  

    The Seller may terminate this Contract by notice to the Buyer, if notice is not given by 5:00pm on the Due Date, with the deposit refunded to the Buyer in full. This is the Seller’s  only remedy for the Buyer’s failure to give notice. 

  • This Contract is conditional upon the Buyers conducting satisfactory investigations (in the Buyer’s sole discretion) in relation to the property within [insert timeframe e.g. 21 days from the Contract Date] (“the Due Diligence Date”). 

    If the Buyer is not satisfied with these investigations, the Buyer can terminate this Contract by giving written notice to the Seller at any time before 5.00pm on the Due Diligence Date and the Deposit must be refunded to the Buyer in full. 

    If the Buyer(s) do not give notice by 5.00pm on the last day of the period then the Seller(s) may terminate this Contract by notice in writing to the Buyer(s) or Buyer(s) solicitors and in that event all deposit monies shall be refunded in full to the Buyer(s).

    The Seller hereby authorises the Buyer or their advisors to enter on the Property for the purposes of the due diligence investigations upon giving reasonable notice.

    This Special Condition is inserted for the benefit of the Buyer and may be waived by the Buyer at any time.

  • The Seller discloses to the Buyer that the improvements to the property include a [insert structure e.g. deck] which has been constructed on the Property without Local Government or Council Approval.

    The Buyer agrees not to make any requisition, objection or claim in relation to the existence of the [insert structure e.g. deck] despite any standard term herein.

  • This Contract is subject to and conditional on the Buyer being satisfied (in the Buyers sole discretion) with the searches the Buyer undertakes on the Property within [insert timeframe e.g. 14 or 21 days of the Contract Date]. (“the Search Result Date”).

    The Buyer must give notice to the Seller in writing on or before the Search Result Date that: (a) The results of its investigation are not satisfactory to the Buyer and the Buyer terminates this Contract in which case the Deposit must be refunded to the Buyer in full; or 

    (b) The Buyer is satisfied with the search results or waives this condition.

    The Seller may terminate this Contract by notice in writing to the Buyer if notice is not given under this condition by 5.00pm on or before 21 days from the Contract Date. This is the Seller’s only remedy for the Buyer’s failure to give notice.

  • The Buyer acknowledges that the Seller’s agent has disclosed that the Property has been flood affected in the past and that the Buyer is relying on the Buyer’s own judgment in entering into this Contract and shall not raise any requisition or objection to the fact that the property has been flood affected.

  • This contract is subject to and conditional upon the prior or simultaneous Settlement of the unconditional contract for the sale of the Buyer’s property at [insert address], dated [insert date] and due to settle on [insert date]. 

    If that contract is not so settled then the buyer may by written notice to the seller, terminate this contract and recover the deposit undiminished.

  • This Contract is subject to and conditional on the Buyer being satisfied in their sole discretion with an independent valuation of the Property to be obtained by the Buyer at the Buyer’s cost. 

    The Buyer then may terminate this Contract by written notice to the Seller if the valuation is not satisfactory to the Buyer and the Deposit must be refunded to the Buyer. This special condition is for the benefit of the Buyer.

  • This Contract is subject to and conditional upon the Buyer being satisfied with a visual inspection of the property on or before [insert timeframes e.g. 7 days] from the Contract Date. 

    If the Buyer is not satisfied with the inspection, the Buyer can give notice to terminate the Contract and the full deposit must be refunded to the Buyer. This special condition is for the benefit of the Buyer.

  • The Seller has agreed to allow the Buyer and their Contractors to access the property prior to Completion on [insert date] to store goods [at the property / inside the dwelling / shed only / garage only].

    The access granted specifically excludes the Buyer from staying in the property outside the hours of [insert times e.g. 8:00AM to 6:00PM];

    All goods stored by the Buyer at the property are stored at the sole risk of the Buyer; 

    Ownership of the goods remains at all times with the Buyer;

    If Completion does not occur the Seller will allow the Buyer to remove the items from the property;

    The Buyer will provide a copy of the relevant Certificate of Currency for the insurance to the Seller prior to possession being permitted;

    The Buyer indemnifies the Seller against any and all loss, damage, action, claims, suits or demands arising from or through or in connection with the access to the property.

  • The Buyer acknowledges that there are solar panels installed on the roof of the dwelling constructed on the property hereby sold, and the parties agree as follows: 

    (a) Whether or not any benefits currently provided to the Seller by agreement with the current energy supplier with respect to feed-in tariffs pass with the sale of this property is a matter for enquiry and confirmation by the Buyer; 

    (b) The Buyer agrees that they will negotiate with the current energy supplier or an energy supplier of their choice with respect to any feed-in tariffs for the electricity generated or any other benefits provided by the said solar panels and the Buyer shall indemnify and hold harmless the Seller against any claims for any benefits whatsoever with respect to the said solar panels; and 

    (c) The Seller makes no representations or warranties with respect to the solar panels in relation to their condition, state of repair, fitness for the purposes for which they were installed, their in-put to the electricity grid or any benefits arising from any electricity generated by the said solar panels.

  • The Seller discloses to the Buyer that the swimming pool on the Property may not have fencing that complies with the current legislative requirements. The parties agree that the Buyer cannot terminate this Contract for any reason directly or indirectly related to the swimming pool security or fencing that fails to comply with current legislative requirements.

  • This Contract is subject to and conditional on the Seller obtaining (at the Seller’s cost) all final inspections and local authority approvals for the swimming pool and swimming pool fence on the Property (the “Approvals”). In the event that the Seller has not obtained the Approvals, the Buyer can: 

    1.Terminate this Contract and the Deposit must be refunded in full to the Buyer; or 

    2. Require the Seller to do all necessary works, complete all necessary paperwork and pay all fees to obtain the final inspections and local authority approvals prior to Completion. 

    The Seller acknowledges that this clause is for the benefit of the Buyer.

  • This Contract is subject to and conditional upon the Completion of the Buyer’s property at [insert property address] (the “Buyer’s Property”) on or before [insert number of days e.g. 30 days] from the Contract Date.

    Should Completion of the Buyer’s Property not be effected for any reason by the date specified above, then either party may terminate this Contract and all deposit monies paid by the Buyer will be refunded in full.

  • This Contract is subject to and conditional upon the Buyer obtaining a valid and enforceable Contract for the sale of the property at [insert property address] (“the Property”) and such Contract becoming unconditional on or before [insert number of days or date] and with a Completion date no longer than [insert timeframe].

    The Buyer will immediately advise the Seller or Seller’s solicitors when a sale Contract has been obtained and further advise the date thereof and date by which the Contract will become unconditional with respect to finance and building and pest inspections and any other special conditions.

    If the Buyer obtains a sale Contract within the sale period mentioned above then this Contract will be conditional upon the successful Completion of that sale Contract and the date of Completion of this Contract shall be contemporaneous with the Completion date of that sale Contract.

    If the Buyer does not obtain a sale Contract within the sale period mentioned above or does not advise the Seller or Seller solicitors by 5.00pm on the final day of the sale period that a sale Contract has been obtained then either the Buyer or Seller may terminate this Contract by notice in writing to the other and all deposit monies shall be refunded in full to the Buyer. 

    The Buyer must use its best endeavours to obtain a sale Contract during the entire sale period. 

  • The Seller is entitled to continue to market this property whilst it is still conditional on any special condition and in the event that the Seller receives another Contract of sale that in the Sellers opinion is more favourable than this Contract, then the Seller is entitled to give notice in writing to the Buyer requesting that the Buyer make this Contract unconditional with regard to any special conditions not yet satisfied. 

    If the Buyer does not in writing make this Contract unconditional with regard to any special conditions not yet satisfied within two (2) business days from the giving of the notice by the Seller then this Contract is at an end and the Deposit must be refunded in full to the Buyer. 

  • This Contract is subject to and conditional upon the Body Corporate providing written approval within [insert number of days] from the Contract Date (the “Pet Approval Date”) that the Buyer may keep a [insert nature of pet] in the Property. 

    Should approval not be obtained by the Pet Approval Date the Buyer may terminate this Contract (in which case the Deposit must be refunded in full) or the Buyer may waive the benefit of this clause. 

    If the Buyer elects not to waive the benefit of this clause and fails to give notice to the Seller by the Pet Approval Date then the Seller can terminate this Contract by giving written notice to the Buyer and the Deposit must be refunded in full. 

  • The Seller agrees to allow access for the Buyer and appropriate tradespeople at reasonable times to the property to obtain quotes to conduct renovations to the property (“the Work”). 

    On the Contract becoming unconditional, the Seller agrees to allow the Buyer access to commence the Work. The Work must be conducted in a satisfactory and workmanlike manner by appropriately qualified and/or licensed tradespeople at the Buyers cost.

    In the event that Completion does not occur, through no fault of the Seller, the Buyer agrees to pay all the costs to ensure the Work is completed in a satisfactory and workmanlike manner and hereby indemnifies the Seller against any costs, damages or other liability caused by the Work.

    The Buyer must take out appropriate insurance to the Seller’s satisfaction and ensure the tradesmen are also insured.

  • Notwithstanding the standard provisions herein, the Seller and Buyer hereby agree that the property shall be at the Seller’s risk up to and until Completion of the Contract.

  • This Contract is subject to and conditional on the Seller repairing at his/her/their expense, the [insert as applicable] (“the Repairs”) in the property to full working order prior to Completion.

    If the Repairs are not completed to the satisfaction of the Buyer prior to Completion, then the Buyer may terminate the Contract and be refunded the Deposit or deduct a sum of money from the Purchase Price for the Repairs equivalent to a quote from a qualified and/or licensed repairer of their choice and complete the purchase.

  • This Contract is subject to and conditional upon the Buyer being satisfied prior to Completion, in the Buyer’s absolute discretion, that all final inspections and local authority approvals have been obtained for all the improvements on the Property.

    In the event that the Buyer is not satisfied, the Buyer may terminate this Contract by notice to the Seller and the Deposit must be refunded to the Buyer.

  • This Contract is subject to the Foreign Investment Review Board (hereinafter called “F.I.R.B.”) granting approval to this transaction.

    The Buyer must apply to the F.I.R.B. for approval immediately after signing this Contract and use endeavours to obtain such approval. 

    In the event that such approval is not granted before the [insert date] then this Contract is at an end and all the Deposit must be refunded to the Buyer. 

    The Buyer must notify the Seller of the result of the application to the F.I.R.B. as soon as it is received.

  • Once the contract becomes unconditional, the Seller agrees to allow the Buyer to advertise the property for lease and grant access for prospective tenants to inspect the property during up to five (5) pre-arranged inspection times.

    The Seller further authorises the Buyer to use existing property photographs for the purpose of rental advertising.

  • The Buyer agrees that after settlement of this matter, the Buyer shall allow the Seller, should they so choose, to remain in possession of the property at the weekly rent back amount of [$INSERT AMOUNT] per week, payable one week in advance, starting on the day of settlement and for a maximum period of [INSERT TIMEFRAME] from the settlement date.

    During the period of possession, the Seller agrees to maintain the property in substantially the same condition as at the date of settlement, fair wear and tear excepted.

    The parties agreed that no relationship of landlord and tenant shall be created by possession being given to the Seller, unless a Residential Tenancy Agreement provided by the Buyer's chosen property manager has been signed by the Seller and Buyer.

    The Seller agrees to insure the contents of the property to the Buyer’s satisfaction.

    The Seller agrees to indemnify the Buyer against the damages or expenses incurred by the Buyer as a result of the Seller remaining in possession of the property.

    The Seller may vacate the property by giving a minimum of two (2) weeks notice in writing to the Buyer.

    The Seller agrees to conduct a bond clean of the property, by a professional cleaner, at their own expense, on the day of or day after, the agreed move out date, and provide a receipt for the same to the Buyer.

    If the Seller defaults on the rental payments, the Buyer may terminate the agreement with two (2) weeks notice and take possession of the property thereafter.