When Experience Isn’t Enough: Protecting a Purchase for the Next Generation

Posted By Steve Janes  

The Familiar Pull Back to Melbourne 

Craig is now based interstate, but his connection to Melbourne runs deep. 

Twenty years ago, his very first Australian property purchase was here. Now, with his firstborn studying in Melbourne, the decision to buy again in this city wasn’tcoincidence; it was considered, intentional, and long-term. 

Melbourne wasn’t just where the property was. 
It was where his child’s future was unfolding. 

Experience Doesn’t Eliminate Complexity 

Craig isn’t a first-time buyer. 

He has purchased multiple properties across Australia and understands market cycles, asset quality, and location fundamentals. He knew exactly which pockets in Melbourne made sense. 

What made this purchase challenging wasn’tlack of knowledge; it was the combination of: 

  • Buying interstate 

  • Purchasing for the next generation 

  • And navigating a market where protection for buyers has become increasingly limited 

Despite his experience, Craig quickly realised that understanding today’s contracts, and the level of protection they actually offer, wasn’t straightforward. 

Too Many Good Options Can Still Stall Decisions 

Craig had a broad price range, which on the surface is a good problem to have. 

But different price points opened the door to very different property types; apartments, townhouses, established homes, each with its own risks, maintenance exposure, and long-term implications. 

Without being on the ground and without a clear protection framework, making the wrong compromise carried real consequences. 

The focus had to shift from “what looks good” to what can be secured safely. 

Due Diligence as a Strategic Tool - Not a Formality 

From the start, due diligence was treated as a negotiation advantage, not a compliance exercise. 

Within 36 hours of working together, we: 

  • Shortlisted the right asset 

  • Acted decisively despite Craig being interstate 

  • Structured an offer that balanced speed with contractual protection 

The key wasn’t just securing the property - it was how the contract was written. 

Special Conditions That Actually Protect Buyers 

Standard contracts offer minimal safeguards once a buyer proceeds. 

To address this, we drafted custom special conditions designed to: 

  • Extend the effectiveness of due diligence 

  • Protect Craig beyond the cooling-off period 

  • Prevent unresolved issues from transferring at settlement 

This became critical once inspections began. 

The Inspection That Proved Why Structure Matters 

We coordinated a licensed building inspection on Craig’s behalf while he remained interstate. 

One issue stood out: 
👉 The hot water system was not producing water at a compliant temperature. 

The selling agent responded with generic, diversionary questions, suggesting it could be a supply issue rather than an internal fault. 

Based on experience, we knew: 

  • No plumber would be sent voluntarily 

  • Without enforceable conditions, the issue would quietly pass to the buyer 

Where the Special Clause Did Its Job 

One of our special conditions was deliberately structured to state that: 

At final inspection prior to settlement, the hot water system must be fully functional and operating at the correct temperature. 

This shifted responsibility clearly to the vendor. 

It didn’t require debate. 
It didn’t rely on goodwill. 
It relied on enforceability. 

Final Inspection: Protection in Action 

At final inspection, the issue remained unresolved. 

Because of the special condition: 

  • The vendor was obligated to act 

  • A plumber was engaged 

  • Repairs were completed prior to settlement 

Craig avoided inheriting a defect, particularly important as an interstate buyer purchasing for his child. 

👉 Click here to watch Steve overview and explain how important the final inspection is.

The Bigger Lesson in Due Diligence 

There were many layers of due diligence in Craig’s purchase. 

But this case highlights a critical truth: 

Due diligence only works when it is contractually enforceable. 

Inspections identify issues. 
Special conditions control outcomes. 

The Outcome 

  • Property secured within 36 hours 

  • Interstate purchase executed with clarity and control 

  • Defects prevented from transferring at settlement 

  • A protected asset for a firstborn studying in Melbourne 

Craig didn’t just buy property from afar; he bought with certainty, structure, and protection. 

Kind regards, 

Steve Janes