When you buy from abroad, the contract is the most important document you will ever read. The Vendor Statement and Contract of Sale reveal legal limits, obligations, and potential traps that can change a purchase from sensible to costly. The Shortlist 360 process treats this stage as a core part of due diligence, not an afterthought.
Why the Contract Matters for Expats
From overseas, you cannot rely on instinct or a quick inspection. The contract and Vendor Statement show the legal reality of what you are buying. They reveal easements, covenants, encumbrances, and any special conditions the vendor may have attached to the sale. Reviewing these documents early is a time saver, as it filters out risky properties before you spend money on inspections or travel.
Key Items to Check, Step by Step
Use this checklist when you send documents to your conveyancer or when you review them with your buyer’s agent:
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Title and ownership details
Confirm the registered owner(s) and that the title is free of unexpected charges. Ask for a current title extract and check for any listings of mortgages or third-party interests. -
Easements and rights of way
Look for easements that could restrict access, building, or future development. Note their location on the title and on the subdivision plan, and ask how they affect fences, garages, driveways, and services. -
Covenants and design restrictions
Covenants can limit building materials, colours, or future extensions. If you plan any renovation, check whether permitted works are limited by the covenant. -
Caveats and encumbrances
A caveat signals that someone else claims a legal interest. Even if minor, a caveat can delay settlement or complicate finance approval. Require that any caveat be cleared or explained before you commit.
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Unapproved works and permits
Check the Vendor Statement for declared unapproved works. If the property has additions or conversions without permits, you inherit the risk and possible rectification costs. -
Subdivision and boundary plans
Compare subdivision plans and measurements with the site in Google Maps or satellite view. Irregular lots, easements, or shared driveways often show up here. -
Special conditions in the Contract of Sale
Watch for “subject to” clauses, conditional settlement windows, or vendor-retained rights. These can shift control to the vendor and impact timing, finance, and your ability to settle remotely. -
Insurance, service agreements, and shared services
For units or estates, check body corporate rules, insurance liabilities, and service agreements that add ongoing cost or restrict use.
What to ask your Conveyancer
When you engage a conveyancer or solicitor, give them a short list of practical questions:
• Are there any easements or covenants that prevent my planned use or renovation?
• Are any caveats or encumbrances present, and how long to remove or resolve them?
• Do any parts of the title or Vendor Statement suggest potential insurance, compliance, or subdivision risk?
• Which contract clauses should we add as special conditions to protect a remote buyer? (For example, subject to a satisfactory building report, or subject to finance with a longer settlement window.)
• Is the vendor offering anything verbally that is not recorded in the contract, and how do we capture that in writing?
Bottom Line
Reading contracts, covenants, and caveats is not optional when buying from overseas. It is a decision filter that turns a long list of possibilities into a shortlist of genuine opportunities. Use the 360 contract review approach, ask your conveyancer the right questions, and you will avoid last-minute surprises and costly errors.
By joining The Shortlist, you'll get access to the Contract Review Guide and related pre-offer checklists inside. The guide contains the precise steps and document checks we recommend for every remote buyer.