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What Should You Check in a Property Sale Contract Before Signing?

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Navigating the property buying process in NSW can feel overwhelming, especially when you’re handed a contract for sale at an open home. While the smartest approach is always to have a qualified solicitor review your contract, understanding what to look for can help you make informed decisions during your property search. Here’s your guide to the key elements that deserve your attention.

The Drainage Diagram: A Hidden Foundation Issue

Located typically at the back of your contract, the drainage diagram shows your property’s boundaries and the crucial location of the sewer main. This seemingly minor detail can have major implications for your future plans.

Pay special attention to whether the sewer main runs underneath any existing structures on the property. If it does, this could restrict renovation options or create costly complications down the track. As Penrith property specialists, we’ve seen buyers discover too late that their dream extension plans conflict with sewer easements.

Swimming Pool Compliance: Safety and Legal Requirements

If the property includes a swimming pool or spa, the compliance certificate tells you everything you need to know about its current legal status. This document clearly states whether the pool meets current safety standards and, if not, exactly what needs to be done to bring it into compliance.

Non-compliant pools can mean immediate expenses and potential safety risks. In NSW, pool safety regulations are strict and must be addressed before settlement.

Inclusions: What Stays and What Goes

That rectangular box on the front page of your contract might seem insignificant, but it details exactly what the seller is leaving behind. While fixtures like built-in wardrobes and kitchen joinery must stay, items like that Weber barbecue you’ve been admiring might not be included unless specifically listed.

This section prevents disappointment and disputes by clearly defining what transfers with the property. If something matters to you, make sure it’s documented here.

The Zoning Certificate: Understanding Your Property’s Potential

Zoning certificates can appear complex to first-time buyers, but they contain valuable information about what you can and cannot do with your property. Look for the page that clearly states your property’s zoning classification and lists permitted activities, both with and without council consent.

A practical tip: observe the surrounding neighbourhood. The types of properties and businesses around you typically indicate what’s possible under the current zoning. If you’re in an established residential area in Penrith, your development options will differ significantly from properties in mixed-use or industrial zones.

Special Conditions: The Details That Matter Most

These additional pages attached to the standard contract form contain crucial information that could affect your decision. Special conditions often include disclosures about:

  • Structures or alterations completed without council approval
  • Known defects or issues with the property
  • Special arrangements between buyer and seller

These conditions can reveal important information about the property’s history and any potential future complications.

Settlement Date: Planning Your Move

Found on the contract’s front page, the settlement date is typically described as “the 42nd day after the contract date.” This timing determines when you’ll receive the keys and need to have your financing finalised.

Understanding this timeline helps you coordinate everything from mortgage approval to moving arrangements, ensuring a smooth transition to your new home.

Your Cooling-Off Period Protection

The majority of NSW property purchases include a cooling-off period, allowing buyers to pay a 0.25% deposit, sign the contract in the agent’s presence, and have their solicitor review the contract afterward. This system provides important protection for buyers while maintaining transaction momentum.

This cooling-off period gives you the opportunity to have professional legal advice before you’re fully committed to the purchase.

Making Confident Property Decisions

Contracts can be complex documents with significant legal and financial implications. While understanding these key elements helps you ask better questions and spot obvious concerns, professional legal review remains essential for protecting your interests.

When you find a property you love and want to make an offer, don’t navigate the contract alone. Our experienced conveyancing team understands the Penrith market and NSW property law inside and out. We’ll review your contract thoroughly, explain everything in plain English, and ensure you’re making a confident, informed decision.

Ready to make your next property move with confidence? Contact Complete Legal today for an obligation-free consultation with one of our experienced property solicitors. We’ll have your back through every step of the process.

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