A sale contract can contain the terms you expected, details you had not considered and documents that raise further questions. This guide helps NSW buyers prepare for a professional contract review and keep track of the answers. It does not interpret an individual contract or replace legal advice.
Get the complete contract early
A contract of sale records the sale terms and information about the property and land. NSW Government advises buyers to request it early and review it before making an offer, whether buying by private treaty or at auction. Ask the selling agent or seller for the current complete copy, including attachments and special conditions, so your solicitor or licensed conveyancer has time to review it.
Save the version and date received. If replacement pages or a revised contract arrive later, send the complete update to your legal representative. Ask them to confirm which version they reviewed and whether anything still needs to be supplied. A short sales summary is not the complete contract bundle.
This guide is a preparation aid for an existing NSW residential property. Off-the-plan purchases, options and other complex transactions need additional advice; do not use this checklist as a complete statement of their requirements.
Start with the property being sold and your intended use
Write a short brief for your conveyancer: the property you believe you are buying, any parking or storage you expect to receive, your planned move-in timing and any intended use or works that matter to you. Ask them to match those expectations against the legal property description and documents. The street address alone does not answer every question about what the sale includes.
- Do the named buyer, seller and property details match the proposed transaction?
- Which land or strata lot is being transferred, and what documents describe any parking or storage arrangement?
- Are there recorded rights or restrictions that need explanation in light of your plans?
- If an alteration or a particular use matters to you, what further evidence or approval checks are needed?
NSW Government’s conveyancing overview includes enquiries about interests affecting the land and information that may not have been disclosed, such as illegal building work. Tell your adviser what you actually intend to do with the property; do not expect a general summary to answer a question you have not raised.
Separate sale terms from the supporting documents
The official buyer checklist identifies the deposit and its due date, settlement details, title documents, special conditions, vacant or tenanted possession and inclusions as matters to check. Work through the commercial terms and the document bundle separately, then ask your adviser to explain how they connect.
| Part of the review | Questions to take to your conveyancer |
|---|---|
| Price, deposit and payment terms | What amounts and dates does this version require? Do they match the terms you intend to agree? |
| Settlement and possession | How is settlement timing set? Will you receive vacant possession or take over a tenancy, and what does the contract require? |
| Inclusions and exclusions | Which fixtures or other items are expressly included or excluded? What needs clarification before you rely on it? |
| General and special conditions | Which terms change your obligations, costs or rights? What practical effect does each relevant special condition have? |
| Property documents and disclosures | Which documents apply to this property, are they complete, and what further searches or enquiries are needed? |
What attachments should you ask about?
NSW Fair Trading’s sales-contract guidance identifies documents including a title search, drainage diagrams, a council planning certificate and relevant dealings concerning easements or restrictions. The requirements depend on the property and transaction. Ask your conveyancer to check the complete bundle against the applicable requirements; the list below is a way to organise questions, not an exhaustive legal checklist.
- Title and plan: which documents identify the property and any additional lot or interest you expect to acquire?
- Registered dealings: what does an attached easement, restriction or covenant mean for this property and your intended use?
- Planning certificate: what does the certificate say, when was it issued, and which questions need council or specialist follow-up?
- Drainage diagrams: which diagrams are supplied, and what further enquiries are needed for your plans?
- Property-specific documents: do strata, community-title, pool or other features require additional documents or checks?
The section 10.7 planning-certificate guide helps you prepare certificate questions. For an apartment, use the separate strata-report reading guide to follow up scheme records. Receiving the sale contract does not establish that every physical or strata issue has been checked.
The official sales-contract guidance describes additional requirements for off-the-plan sales and particular pool documents, including exceptions. If either applies, have your legal representative identify the exact requirements and consequences. Do not assume that a missing attachment automatically gives you a particular cancellation right.
Make inclusions and possession explicit
Create a short list of items or arrangements you would be disappointed to lose: a particular appliance, window coverings, a storage area or a vacant home on your intended moving date. Compare that list with the contract and flag any uncertainty. Ask your legal representative to explain what the existing wording covers and whether a change is needed.
For a tenanted property, explain whether you intend to occupy it or keep it as an investment. Ask what tenancy documents need review and what the contract says about possession. Do not treat an informal move-out estimate as confirmation that the contract delivers the arrangement you need.
Illustration only: a buyer wants a particular dishwasher to remain. The conversation with the selling agent seemed reassuring, but the buyer cannot tell whether the contract’s inclusions and exclusions cover that item. The buyer gives their conveyancer the precise question and asks for clarification or an agreed change before proceeding. This is an invented situation, not a real listing or a conclusion about who owns an appliance.
Ask what each relevant special condition changes
Ask your conveyancer to explain important clauses in practical terms: what you must do, by when, what it may cost and what happens if the obligation is not met. Ask how each relevant special condition interacts with the rest of the contract. Labelling a term “standard” does not explain its effect for your circumstances.
- If finance or an inspection remains unresolved, what does the contract allow and what risk remains?
- Does any clause create an additional payment, adjustment, deadline or obligation you have not budgeted for?
- What happens if a party is not ready on the contractual settlement date?
- Which proposed changes have been accepted, and which remain requests only?
- Which questions require another specialist or additional evidence before your legal representative can advise?
These are questions for professional advice, not suggested contract wording. An inspection booking, finance pre-approval or an email requesting a change does not itself establish that the contract contains the protection you want. Ask your adviser to point to the relevant wording or explain what is absent.
Use a contract-review question sheet
This original worksheet helps you prepare a focused review meeting and keep track of outstanding points. Copy one entry for each issue; keep confidential contract documents and personal details with the advisers who need them.
| Record | What to write down |
|---|---|
| Your expectation | The item, arrangement or protection that matters to your decision. |
| Document reference | Contract version, page or clause, and any relevant attachment. |
| Question for your adviser | The precise uncertainty or difference between the wording and your expectation. |
| Evidence or change needed | A missing document, further enquiry, explanation or proposed amendment. |
| Response and status | Record the dated advice and whether a change is requested, agreed or included in a revised contract. |
| Next action and timing | Who is responsible, and when your adviser says it must be resolved. |
Confirm agreed changes in the contract version you will use
NSW Government says your solicitor or licensed conveyancer can arrange contract changes and should confirm them with the seller’s legal representative. Give your adviser the outcome you want and ask them to handle the wording and confirmation. Keep a proposed change separate from a change that has actually been agreed.
Before you authorise the next step, ask which contract version contains the agreed amendments, whether any attachments have changed and what remains unresolved. Save your adviser’s explanation with that version. This makes it easier to see whether a later draft answers the question you originally raised.
Finish the review before relying on a deadline or cooling-off period
The NSW contracts guidance explains that the purchase generally becomes binding at exchange, subject to applicable rights and terms. Cooling-off protection does not apply to every sale, including auction purchases. Ask your legal representative to confirm your particular position before signing, bidding or authorising exchange.
Use the NSW cooling-off guide for the separate rules and the exchange-to-settlement timeline to organise later tasks. This article does not calculate a legal deadline or tell you whether to sign a particular contract.
Agree the scope of your professional engagement. NSW Government recommends requesting an itemised estimate of conveyancing costs, including professional fees and disbursements. Ask whether pre-purchase contract review, follow-up enquiries and proposed amendments are included, and how a time-sensitive question will be handled.
For the wider buying process, visit the property-checks collection and Baxau property research guide. The research tool helps organise property evidence and questions; it does not interpret your contract or certify legal rights. If you engage a buyers agent, agree which coordination tasks their service includes while your legal representative handles the contract advice.
You can request a Sydney buyers-agent introduction with no charge to enquire and no obligation to engage. Baxau may receive a referral fee negotiated case by case; read how matching works.