Special Conditions Review
The standard form sections of an Australian property contract are well understood. The risk lives in the special conditions — the clauses the vendor or developer adds at the back of the contract. Realestate Lens reads every special condition and tells you, in plain English, whether it’s standard, unusual, or a buyer red flag.
Why this matters for buyers
Most contract disputes after settlement come from special conditions the buyer didn’t fully understand at exchange. They override the general conditions, they vary state to state, and they can shift risk from vendor to buyer in subtle ways. Reviewing them clause by clause is the most valuable service the AI provides.
What we check
The clauses, disclosures, and risks specific to special conditions review.
Deposit handling clauses
Early release, deposit bonds, instalment deposits, and trust account variations.
Settlement adjustments
Backdated rates, water and strata adjustments, settlement bonus clauses, and seller benefit clauses.
Penalty interest and default
Penalty interest rate and the trigger for charging it. We flag rates above the standard 8–12%pa.
Nominee and assignment restrictions
Clauses that limit the buyer’s right to nominate a different purchaser, transfer to a trust, or assign the contract.
Subject-to-finance variations
Modifications to the standard finance condition: shorter dates, named lenders, or seller-favourable termination rights.
Subject-to-inspection variations
Modifications to building, pest, strata, and other inspection conditions, including waivers and limitations.
Vendor benefits and seller representations
Clauses giving the vendor leaseback, post-settlement occupation, or other ongoing rights.
Material adverse change and termination rights
Clauses giving the seller a unilateral right to terminate or vary if conditions change.
Red flags we routinely surface
Real-world examples the risk framework looks for in this contract type.
- Deposit released to the vendor before settlement
- Penalty interest above 14%pa
- Settlement adjustment backdating rates and water to a date earlier than the contract
- Nominee clause requiring vendor consent (rather than notification)
- Finance condition giving the seller, not the buyer, the right to terminate on non-approval
- Building inspection condition limiting reports to a single named inspector
- Vendor leaseback clause without a written tenancy agreement
- Termination right triggered by non-material change in market conditions
Special Conditions Review FAQ
Other contract types
Realestate Lens reviews every common Australian residential contract type.
Not legal advice
Realestate Lens is a first-pass risk report. Always have your contract reviewed by a qualified Australian solicitor or conveyancer before exchange. See how we handle your contract.
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