Contract Review Guide for New South Wales Buyers
In NSW, the Contract for Sale of Land is the central document that binds you to a property purchase. It includes the front page, special conditions, the s10.7 planning certificate, title search, sewerage diagram, strata documents (where applicable), and any vendor disclosures required by section 52A of the Conveyancing Act 1919. This guide explains issues to discuss with a NSW solicitor or licensed conveyancer before exchange.
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Documents to check in NSW
These are the documents commonly relevant to a New South Wales property contract. What is supplied varies by transaction.
Contract for Sale of Land
Standard 2022 NSW form, including front page, special conditions and warranties.
Section 10.7 planning certificate
10.7(2) and 10.7(5), zoning, overlays, contamination, compulsory acquisition.
Title search and dealings
Easements, covenants, caveats, mortgages, restrictions on use.
Sewerage service diagram
Council and Sydney Water diagrams showing sewer mains and connection.
Strata documents
By-laws, strata plan, strata search reports (if attached).
Section 52A vendor disclosure
Mandatory documents the vendor must attach for the contract to be enforceable.
Issues to check in NSW contracts
Common points to raise with a qualified New South Wales solicitor or conveyancer before you commit.
Sunset clauses on off-the-plan contracts
Check who may rescind under the sunset clause and ask a solicitor whether the clause and any proposed rescission comply with NSW buyer protections for off-the-plan sales.
Section 66W cooling-off waivers
A section 66W certificate waives the usual cooling-off period. Confirm its effect with the solicitor or conveyancer who signs it before you exchange contracts.
Special conditions favouring the vendor
Read every special condition with your adviser. Points to examine include early deposit release, restrictive nominee clauses, broad vendor variation rights and non-standard penalty interest.
s10.7 planning issues
Compare the certificate with your intended use. Zoning, contamination notifications, road-widening proposals, heritage controls and bushfire-prone land classifications may require further enquiries.
Strata levies and capital works fund
Review quarterly levies, capital works contributions and any recent special levies with the strata records and a specialist strata report.
Inclusions and chattels
Compare the inclusions schedule with the listing and any promises made in writing. Marketing photos do not necessarily make an item part of the sale.
Cooling-off in NSW
5 business days from exchange (Conveyancing Act 1919 s66Q). 0.25% of purchase price forfeited if exercised. Cooling-off does NOT apply to: auction purchases, sales within 3 clear business days after a passed-in auction, or where a s66W certificate has been signed by your solicitor or conveyancer. Confirm the deadline and any exception with your adviser.
Relevant legislation
Conveyancing Act 1919 (NSW), Conveyancing (Sale of Land) Regulation 2022, Property and Stock Agents Act 2002 (NSW). For off-the-plan, the Conveyancing Legislation Amendment Act 2018 sets out vendor sunset rescission protections.
Illustrative issues in NSW contracts
Examples of points a buyer and their adviser may need to examine. They are illustrations, not findings from a particular contract.
- Sunset date set 4+ years from exchange with vendor-only rescission rights
- Deposit released to vendor on exchange instead of held in agent’s trust account
- Nominee clause restricting buyer’s right to nominate or assign before settlement
- 10.7 certificate showing road widening proposal not disclosed in agent marketing
- Strata special levy of $8,000 / lot raised 2 months before contract date
- s66W certificate signed before buyer had time to organise inspections
- Penalty interest set at 18%pa on a delayed settlement, well above the standard rate
- Inclusions schedule omitting a dishwasher and split-system air conditioner shown in listing photos
NSW contract review FAQ
Send the complete contract and attachments to a NSW solicitor or licensed conveyancer before exchange. Realestate Lens is developing a separate AI-assisted first pass intended to organise clauses and questions, but it is not yet publicly available and will not replace professional advice. If you are buying at auction, arrange the legal review before bidding because auction contracts do not carry the usual cooling-off period.
Not yet. Realestate Lens is pre-launch. Its planned first-pass report is intended to organise key fields visible in an attached section 10.7 certificate, such as zoning, contamination, road-widening, heritage and bushfire information, for the buyer and their adviser to verify.
AI may help locate a sunset clause, but it cannot determine legal compliance reliably on its own. Realestate Lens is developing a first pass intended to identify the stated sunset date and rescission wording for verification by a NSW property lawyer before the buyer relies on it.
Ask the solicitor or conveyancer who issued the section 66W certificate to explain the waiver and any remaining contractual rights. Realestate Lens is pre-launch and must not be relied on to determine whether a cooling-off right remains.
No. Auction purchases in NSW have no cooling-off period. The contract is binding from the fall of the hammer, so arrange professional contract advice before auction day.
Not yet. The planned first-pass report is intended to organise information visible in attached strata records, such as levies, resolutions, by-laws and capital works fund figures. It cannot replace a current specialist strata inspection report or advice from a NSW practitioner.
Reviewing a contract in another state?
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Buying guides relevant to NSW
Plain-English guides written for Australian property buyers.
References
- Contracts and deposits when buying property in NSW – NSW Government
Not legal advice
Realestate Lens is developing a first-pass risk report intended to help you ask better questions of a New South Wales solicitor or conveyancer. It is not yet publicly available. Always have your contract reviewed by a qualified practitioner before exchange. See how we handle your contract and AI vs solicitor, what each is for.
Prepare to review your NSW contract before you sign
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