Before you sign a Contract of Sale consider the following items which we frequently come across when reviewing contracts on behalf of purchaser clients:

Is the property correctly described and in accordance with the title (a copy of which should be annexed to the Vendor’s Statement)?

  • Is the property sold with vacant possession or subject to a lease? Has a copy of the Lease been provided and are there any issues of concern?
  • Are there Owners Corporation issues for consideration, including proposals for major works to common property or special levies which will become payable by the purchaser?
  • Are there any particularly onerous or problematic Special Conditions?
  • Do the title documents and planning certificates identify any zoning issues, planning overlays, restrictive covenants, easements or other encumbrances which may affect the purchaser’s intended use of the property?
  • Have applicable building permits and approvals been obtained?
  • Is there land currently occupied by the Vendor which is not included in the title plan?

No two properties are the same and it is important that the Contract of Sale and Vendor’s Statement are reviewed carefully prior to being signed. We are happy to review Contracts for clients and are often able to do so in a short timeframe as we understand that there are often time pressures.

Related Articles

View All
Property & Development / Property & Developers

Vacant Residential Land Tax is Here

The purpose behind this tax was to address the Government’s concern about the number of properties being left vacant...
Read More
Property & Development

Joining forces with neighbours: Maximise the sale value of your property

There are of course the usual suggestions such as re-painting, undertaking minor works, hiring furniture and...
Read More
Leasing & Lease Disputes / Property & Development / Property & Developers

Commercial Leases – Protect your Property

By the end of the lease (whether by expiry, abandonment or eviction) things may look different And you may need to...
Read More
Leasing & Lease Disputes / Property & Development / Property & Developers

Update – Residential Tenancies Act Reform

On 8 October 2017 the Premier of Victoria Daniel Andrews announced an initial set of reforms which the government...
Read More
Property & Development / Property & Developers / Real Estate Agents

Bushfire Beware!

Recently new Bushfire Management Overlay (“BMO”) mapping and schedules have been introduced to reduce the threat...
Read More
Owners Corporation / Property & Development / Owners Corporations & Strata

Apartmentites – Guest Insight #1

Owners Corporations are made up of apartment owners In this ‘Apartmentites’ blog, Tisher Liner FC Law’s Nicole...
Read More
Owners Corporation / Property & Development / Property & Developers

Important VCAT Case Update: The Grundl Assessment

New Guidance from VCAT on how Owners Corporations choose the appropriate method for raising Special Levies An important...
Read More
Property & Development / Property & Developers / Real Estate Agents

Nominating Alternative Purchasers under a Contract of Sale

When purchasers enter into contracts of sale to purchase property and/or land, they rarely imagine that they will not...
Read More
Construction / Litigation & Dispute Resolution / Property & Development

Domestic Building Dispute Resolution – New Regime

The days of VCAT being a first-instance negotiator in Victorian domestic building disputes are coming to an end...
Read More
Leasing & Lease Disputes / Property & Development / Property & Developers

Landlords Beware – Industrial and Warehouse premises can constitute Retail premises

The definition of what constitutes a retail premises has long been a point of contention and uncertainty for landlords...
Read More
Covenants & Easements / Property & Development / Property & Developers

Love Thy Neighbour

Restrictive covenants can often prevent a development from proceeding So, whilst that old house on a huge block may...
Read More
Adverse Possession / Property & Development

Adverse Possession- A Guide to Acquiring Land

1 What is Adverse Possession  Adverse possession is the process whereby title to another person’s real property is...
Read More