When purchasing residential property in Queensland, there is a standard REIQ (Real Estate Institute Queensland) contract used. There is also an option for ‘special conditions’ to be added to that contract.
A standard REIQ contract is usually subject to and conditional upon the standard conditions and the standard Finance and Building and Pest Conditions which were agreed to between the buyers and sellers.
Special Conditions are usually agreed to between the parties prior to signing the contract.
Special conditions in your purchase/sale contract designed to provide certainty and protection
These additional conditions or clauses in the contract are included to provide a party more certainty, protection and peace of mind when entering into a residential property transaction to either purchase or sell a property.
For example, if Sam were to purchase a new home for her family in a residential estate and she currently has an English Bulldog, she would want to make sure that 6 or 12 months down the track she won’t receive a notice from the Body Corporate informing her that she has not had approval for her family pet and will not be allowed to keep it in the estate.
Therefore, the importance of having a Special Condition for approval of pets is fundamental as Sam would probably not have purchased the home in the first place if she knew she wouldn’t be able to keep a dog on the premises.
Special Conditions can range from a usual due diligence clause to ensuring the seller cleans the property prior to settlement and not to mention obtaining body corporate approval for your much-loved pets as the above example shows.
We’ve drafted a variety of special conditions or clauses for you to use when preparing a Contract for Residential sale or purchase.
The example clauses provided below should be used as a guide only and cover a variety of different circumstances which may or may not be applicable to your current circumstance. It is always important to obtain legal advice in relation to your specific needs, particularly if there is something you want included in your contract and it is not listed below.
Hall Payne no longer provides services in property law and conveyancing
If you require assistance with your family law matter, we recommend you contact the relevant Law Society in your State or Territory for a referral:
- Queensland: 1300 367 757
- NSW: 02 9926 0333
- Victoria: 03 9607 9311
- Tasmania: 03 6234 4133
- South Australia: 08 8229 0200
- Western Australia: 08 9324 8600
- Northern Territory: 08 8981 5104
- ACT: 02 6274 0300