Special Conditions in NSW Sale Contracts – What Sellers Often Give Away

If you are agreeing to special conditions proposed by an agent or buyer without legal input, you may be giving away rights you did not intend to give.

Special conditions often deal with finance, building and pest, early access or fixtures. They are frequently drafted in a way that heavily favours the buyer. What looks “reasonable” on first reading can give the buyer wide exit rights and leave you carrying the risk of delay or termination.

Common issues include:

• vague building and pest clauses that allow buyers to withdraw for minor issues

• finance clauses with no clear deadlines, leaving you in limbo

• early access clauses that create insurance and possession problems if settlement is delayed

We review and draft special conditions so that they are fair, clear and workable. We explain in plain language what each condition means for your sale and suggest amendments that protect your position without scaring off genuine buyers.

If a buyer or agent has sent you a draft Contract with special conditions, please email it through before you sign anything so we can review and adjust those clauses to protect you.

Disclaimer: This is general information only and does not take into account your specific circumstances. Every property and transaction is different. We can only confirm how this applies to you after you contact us and we review your matter on a case‑by‑case basis.