در معاملات ملکی به وعده‌های شفاهی اعتماد نکنید - چرا فقط قرارداد مهم است

Property negotiations are full of conversations. Agents, buyers and sellers discuss everything from settlement dates to repairs, inclusions and future development. It is natural to rely on these discussions; they build comfort and trust. Yet when a dispute arises after exchange, the legal focus shifts quickly to the contract. Verbal promises, unless reflected in that document, often carry little weight.

One common scenario involves repairs or improvements. A seller might say they will “fix that before settlement” or “take care of the plumbing issue”. The buyer relaxes and signs. As settlement approaches, the work is not done or is done in a way that does not meet the buyer’s expectations. Without a clear contractual clause specifying what is to be done, how and by when, the buyer’s ability to insist on a particular standard of work is limited.

Inclusions and exclusions are another fertile area for disappointment. Discussions about appliances, furniture, garden sheds or window coverings can be casual: “We’ll leave that”, “We’ll take this”. If the contract’s inclusions list does not match those discussions, the written list generally prevails. Buyers who assume an item is included because it was present at inspection, or because someone said “don’t worry, it stays”, may find it gone on settlement.

Verbal assurances about development potential or zoning also cause difficulty. An agent might say “you can easily add a second storey” or “everyone is building granny flats here now”. If those statements are not backed by council approvals, zoning checks or contractual warranties, reliance on them can be risky. When a buyer later discovers that planning rules block their plans, pointing to casual comments is rarely enough to unwind the deal.

Timing promises can be equally fraught. Agreements about early access, rent‑back arrangements, or flexible settlement dates are often discussed late in negotiations. Unless recorded as special conditions, they may not be enforceable. A buyer might rely on a promise of early access to start renovations, only to find the seller not willing to grant it once the contract is binding. Conversely, a seller might assume an informal agreement about delayed settlement will hold, then discover the buyer insists on strict observance of the contractual date.

The contract usually includes clauses stating that it embodies the entire agreement and that neither party is relying on representations not recorded in writing. These clauses are easily glossed over but play a significant role in limiting the effect of pre‑contract discussions. They signal the legal system’s preference: if something matters, it should be written down.

This does not mean that verbal statements are irrelevant. In some situations, especially where there has been clear misrepresentation or conduct that is misleading, they can form part of a broader legal claim. However, relying on the possibility of such a claim is a poor substitute for getting key points into the contract from the outset.

A more secure approach is to treat any verbal promise that matters to you as a draft contract term. If someone says they will do something, leave something, or agree to a particular arrangement, ask that it be added to the document in clear language. That way, you are not relying on memory or trust alone. You are relying on the same document everyone else will look at if things do not go according to plan.

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