The contract for sale decides what you're buying, what you're agreeing to and what happens if something goes wrong. In NSW, a residential property can't be put on the market until a lawyer or licensed conveyancer has prepared the contract. That contract is written to protect the seller, not you.
Most buyers skim the first page, check the price and sign. The details that cost money later are usually buried in the attachments and special conditions. This checklist covers what a licensed conveyancer looks for when reviewing a NSW contract for sale, the red flags worth questioning, and when to get it checked.
The checklist: 10 things we check in every NSW contract
1. The title search
The property certificate (title search) shows who owns the land and what's registered against it. We check the seller is the registered owner, and look for mortgages, caveats or other interests that need to be cleared before settlement.
2. Easements, covenants and restrictions
Easements give someone else rights over the land, like a drainage line or a neighbour's right of way. Covenants and restrictions can limit what you build, how high, or what materials you use. If you're planning to extend, add a pool or build a granny flat, this is where problems show up.
3. The planning certificate
The council's planning certificate shows the zoning and what's allowed on the land. It also flags things like flood risk, bushfire-prone land, heritage listings and proposed road widening. These affect what you can do with the property, your insurance and resale value. It’s issued under section 10.7 of the Environmental Planning and Assessment Act 1979. If you plan to renovate, add a granny flat, subdivide or run a business from home, check those plans against the certificate before you sign.
4. The sewer and drainage diagram
This shows where the sewer lines run. A main running under the spot where you want an extension can make building harder and more expensive.
5. Special conditions
This is where most of the risk sits. Special conditions are added on top of the standard contract and often favour the seller. We look for:
Higher penalty interest if settlement is late
Short or rigid settlement dates
Clauses that stop you objecting to defects or claiming compensation
Early release of the deposit to the seller
Conditions about the property's condition at settlement
6. The deposit and settlement date
We check the deposit amount, who holds it and when it's due. We also check the settlement period gives you enough time for finance approval and any sale of your current home.
7. Inclusions and exclusions
The contract lists what stays with the property. If you're expecting the dishwasher, blinds, light fittings or the shed, make sure they're in the contract, not just in the listing photos. If it isn’t in the contract, you have no right to it.
8. Swimming pool compliance
If there's a pool or spa, the contract must include a valid certificate of compliance, a relevant occupation certificate with proof of registration, or a certificate of non-compliance. A non-compliance certificate means work may be needed, and you'll want to know who pays for it. This requirement doesn't apply to lots in strata or community schemes with more than two lots, or to off the plan contracts.
9. Strata documents (for units and townhouses)
For strata properties, we review the strata plan and by-laws, and recommend a strata inspection report. That report can reveal special levies, low sinking funds, building defects, disputes and restrictions on pets or renovations.
10. Building approvals and missing documents
We check for unapproved structures and confirm the documents the law requires are attached. NSW contracts must include the title search, drainage diagrams, the council planning certificate, any registered easements or covenants, and notices about smoke alarms and loose-fill asbestos insulation. Missing documents are a reason to ask questions before you sign. Under section 52A of the Conveyancing Act 1919, if required documents are missing you may be able to rescind the contract within 14 days after exchange, unless the sale has already settled. It’s far better to spot the gap before you sign.
Red flags worth questioning
None of these automatically mean you should walk away. They mean you should ask the agent questions, and sometimes negotiate, before you sign.
A long list of special conditions, especially ones that limit your right to object or claim
A settlement period much shorter than your lender needs
A swimming pool certificate of non-compliance
Easements or covenants where you plan to build or extend
Flood, bushfire or road widening notes on the planning certificate
Strata records showing special levies, defects or ongoing disputes
Structures that don't appear to have council approval
Pressure to sign a 66W certificate to waive your cooling-off period
When to get the contract reviewed
The short answer is before you sign anything. How much time you have depends on how you're buying.
At auction: no cooling-off period. Get the review before auction day.
After a passed-in auction, same day: no cooling-off period. Get the review before auction day.
Private treaty: 5 business days, ending 5pm on the fifth business day. Get the review before you exchange.
Off the plan: 10 business days. Get the review before you exchange. See our off the plan conveyancing page for what's different.
If you pull out during a cooling-off period, you pay the seller 0.25% of the price, which is $250 for every $100,000. Cooling-off is a safety net, not a plan. A 66W certificate waives it completely, so get advice before you sign one.
At auction, there's no cooling-off at all. Once the hammer falls, or once you exchange on the same day after the property is passed in, you're committed. That makes a review before auction day the most important step for auction buyers.
More detail: how the cooling-off period works in NSW and buying at auction in NSW.
Get your contract reviewed for $99
Our licensed NSW conveyancers review the full contract and tell you in plain English what matters before you commit. If something looks wrong, we explain it and tell you what to ask the agent.
Send us the contract online
We review every page, including the attachments and special conditions
You get a plain-English summary of the risks and the questions to ask
A single contract review is $99, with same day turnaround on request. Weekend pre-auction advice is available by appointment.
Frequently asked questions
Do I need a conveyancer to review a contract before I sign?
It isn't legally required, but the contract is prepared for the seller. A review before you sign is the cheapest point to find a problem, and the only point at auction.
Can I review the contract myself?
You can read it, and you should. The risk is in the attachments and special conditions, which take training to read well. A conveyancer knows what's unusual and what's standard.
How long does a contract review take?
We offer same day turnaround on request, so you can be ready before an auction or a deadline from the agent.
What if the review finds a problem?
We tell you what it means and what to ask. Often the agent can clarify it, or the seller will agree to change a special condition. Sometimes it's a reason to walk away before you're committed.
Is there a cooling-off period at auction in NSW?
No. There's no cooling-off if you buy at auction, or if you exchange on the same day after the property is passed in.
Got a contract in front of you?
Don't sign it until you know what's in it. Send it to us today and a licensed NSW conveyancer will tell you what matters, in plain English, before you commit. Fixed-fee contract review for $99, with same day turnaround on request.
Ready to buy and want us to handle it through to settlement? Learn more about our conveyancing for buyers.
Have a question? Call us on (02) 7241 7773 (Mon to Fri, 8:30am to 5:30pm; Sat, 9am to 1pm) or email admin@mypropertykit.com.au.
