Why Special Conditions Matter More Than Most Buyers Realise
Most buyers assume the contract protects them.
It doesn’t.
In Victoria, the standard contract of sale is designed to protect the transaction, not the purchaser. It sets out settlement dates, deposit terms, and default clauses, but when a major issue is discovered, the buyer often carries the risk unless it is specifically addressed in writing.
This is where many buyers are caught off guard.
What standard contracts don’t protect you from
A standard contract rarely covers:
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Building or service issues discovered during due diligence
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Embedded network complications
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Owners Corporation responsibility disputes
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Incomplete or unresolved repairs
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Services that “work sometimes” but not consistently
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Assumptions that problems will be fixed after settlement
Once a purchaser becomes unconditional, many of these risks automatically transfer to the buyer, even if the issue was identified beforehand.
This is why buyers often end up saying:
“I didn’t know I was taking that on.”
👉 Read about Why Contracts Matter for Expats inside our Contract Review Guide.
This is where our special conditions come in
Our role is to close the gaps the standard contract leaves open.
When due diligence uncovers issues or even potential risks, we don’t rely on reassurance, promises, or good faith.
We work with our conveyancer to create tailored special conditions that:
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Clearly define responsibility
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Require issues to be resolved before settlement
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Prevent risk from being passed to the buyer
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Remove ambiguity around OC or third-party involvement
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Give the purchaser legal leverage, not just awareness
These clauses are not generic.
They are specific, strategic, and written to protect our client, not the transaction.
Why does this matter when major issues are flagged
When a major issue appears, buyers often assume they can “sort it out later”.
In reality:
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OC responsibility can be unclear
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Embedded suppliers may deny liability
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Repairs can take months
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Costs can escalate quickly
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The buyer has very little leverage post-settlement
Without special conditions, the purchaser inherits the problem.
With the right conditions in place, the risk stays with the vendor until it is properly resolved.
That difference can save tens of thousands and months of stress.
👉 Click here to read about the Top 5 Red Flags in a Vendor Statement.
This is what buyers actually need representation for
Not just to identify problems.
But to stop them becoming the buyer’s problem.
This is where experience matters:
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Knowing when an issue is serious
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Knowing what the standard contract does not protect
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Knowing how to draft conditions that stand up
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Knowing how to negotiate them without derailing the deal
This is the part of buying most people never see, until it’s too late.
👉 Watch this short video and get to know The Shortlist's 360 System.
The bottom line
Standard contracts protect sellers and settlements.
Special conditions protect buyers.
Our job is to anticipate risk, close loopholes, and ensure our clients don’t inherit problems they didn’t create.
That’s not an add-on.
That’s core to how we operate.
Kind regards,
Steve Janes
