You have just made an offer on a Queensland property, and the agent is asking whether you want to add any special conditions. Or perhaps the seller's contract landed in your inbox with several conditions already written in, and you are not entirely sure what they mean or what rights they give you.
A special condition is a clause added to a Queensland property contract that changes, replaces or adds to the standard printed terms. The standard residential contract has printed conditions for finance, building and pest inspections and a few other situations. Anything beyond those is a special condition, and it binds both parties once the contract is signed. Special conditions can expand a buyer's rights, narrow them, or create obligations that would not otherwise exist.
Our Springfield team helps clients across Greater Springfield and Ipswich with reviewing, drafting and negotiating property contracts, including the special conditions that often determine how a transaction plays out.
Here is how special conditions generally work in Queensland, and why having them reviewed before you sign matters.
Key takeaways
- A special condition overrides any standard printed term it conflicts with.
- The standard contract only has printed conditions for finance and inspections.
- A condition only binds if it is written into the contract before both parties sign.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What is a special condition in a Queensland property contract?
A special condition is any term added to a Queensland property contract that is not part of the standard printed conditions. Under the standard Queensland residential contract, the Queensland Law Society advises that the standard terms should only be altered by adding special conditions. If a special condition is inconsistent with a printed provision, the added provision prevails, according to the standard contract itself.
That hierarchy matters. It means a well-drafted special condition can change the default rules that would otherwise apply, and a poorly drafted one can create uncertainty or unintended obligations for either party. The wording of the condition is what governs, and a solicitor can advise on what a particular condition actually requires.
Before signing any contract, a solicitor can check what the special conditions say, whether they are clear and enforceable, and whether they protect the interests of the person they are acting for.
What do the printed conditions in a standard Queensland contract already cover?
The standard Queensland residential contract has three printed conditions in its conditions clause: a finance condition, a building and pest inspection condition, and a condition about consenting to the transfer of a State lease. For a body corporate lot, a fourth printed condition covers the buyer's inspection of the body corporate records, but only if a records inspection date is actually completed in the schedule, according to the standard contract.
Each printed condition only applies if the relevant details are filled in. The standard contract provides that unless the finance amount, the financier and the finance date are all completed, the contract is not subject to a finance condition at all. The same applies to the building and pest inspection: if the inspection date is left blank, the contract is unconditional in that respect, according to the standard contract.
There is no printed condition for the sale of the buyer's existing property, a due diligence period, early possession, or most of the other situations buyers and sellers commonly want to address. Anything beyond the three printed conditions requires a special condition drafted and added by one of the parties.
What situations do special conditions commonly address in Queensland?
Some of the most common purposes include:
- › Sale of an existing property: a buyer who needs to sell their current home before completing the purchase may seek a condition making the contract conditional on that sale.
- › Early possession or occupation: where a buyer wants access to the property before settlement, the terms must be set out in writing in the contract.
- › Approvals and certificates: a condition requiring the seller to obtain a pool safety certificate or resolve an unapproved structure before settlement sets out what must happen and what follows if it does not.
- › Extending the settlement date: where a longer settlement period than usual is needed, the parties can provide for it by agreement in the contract rather than relying on a later variation.
- › Including or excluding items: fixtures, fittings, appliances or furnishings that might otherwise be ambiguous as to whether they are included in the sale.
The Queensland Government advises that checking that conditions are in the contract when signing is the buyer's responsibility, and that a seller can ask their solicitor to draft the contract. The wording of any special condition is what determines its effect, and its own terms govern what happens if it is not met.
"A special condition is only as reliable as the words it is written in. A condition that is vague or does not say what happens if it is not met can leave both parties in a difficult position once the contract has been signed."
Jade Kickbusch, Principal, Brookwater Legal
How does a special condition interact with contract dates and time generally?
Time is of the essence under the standard Queensland residential contract, except for any agreed time of day for settlement before 4pm. That means the dates set out in the contract, including any dates introduced by a special condition, are treated as essential terms.
The standard contract provides that a written communication from a party's solicitor, for example one varying a finance date, inspection date or settlement date, is treated as given with that party's authority. A party is not in default to the extent it is prevented from complying because the other party, or that party's financial institution, has done or not done something in the electronic workspace, according to the standard contract.
Where a party fails to comply with an essential term and the other party chooses to terminate, the consequences depend on which side is in default. The standard contract sets out that a seller who terminates for the buyer's default may forfeit the deposit and any interest earned, and sue for damages. A buyer who terminates for the seller's default may recover the deposit and interest, and sue the seller for damages. A condition's own words also determine what happens when it is not satisfied or is waived.
A solicitor can explain what any particular condition requires and what the position is if a deadline passes.
How does a solicitor help with special conditions in Queensland?
Step 1: Talk to us
Get in touch and we will explain how the contract review process generally works and what a solicitor looks for in a special condition.
Step 2: Review the contract
We read the full contract, including any special conditions already drafted by the seller's side, and explain what each one means and what rights or obligations it creates.
Step 3: Negotiate or draft
Where a condition needs to be added, amended or removed, we communicate with the seller's solicitor to work through the terms and agree wording that clearly reflects what both parties intend.
Step 4: Manage dates and compliance
Once the contract is signed, we track the condition dates and advise on what notices are required and by when, so the transaction progresses within the framework the contract sets out.
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When does a special condition not apply to a Queensland contract?
Not every property contract in Queensland is the standard residential contract. Commercial contracts, contracts for the sale of proposed lots under the Land Sales Act 1984, and contracts involving a community titles scheme each operate under different frameworks. The standard residential contract's printed conditions, and the rules about how special conditions interact with them, apply to the residential standard contract, not necessarily to these other forms.
The Queensland Government notes that a contract only becomes binding when both the buyer and the seller have signed it. A condition that a buyer wants included but that is not in the signed contract does not bind the seller. An agreement reached in conversation, by text or by email, that has not been reduced to a written term in the signed contract, generally does not have contractual force.
Similarly, the cooling-off period that Queensland's standard residential contract provides is for buyers only, according to the Queensland Government's Office of Fair Trading. A seller cannot use the cooling-off period to withdraw once the contract binds, and it does not apply at all to auctions or to private treaty contracts entered into within two business days of an unsuccessful auction where the buyer was a registered bidder, according to the Queensland Government.
What are the common misunderstandings about special conditions in Queensland?
One common misunderstanding is that a finance condition in the standard contract is automatically included. In practice, the printed finance condition only operates if the finance amount, the financier and the finance date are all filled in on the contract schedule. A contract missing any of those three details is not subject to the printed finance condition at all, according to the standard contract itself.
Another is that verbal agreements made before signing carry the same weight as written conditions. They generally do not. The Queensland Government advises buyers that checking conditions are in the contract when signing is the buyer's responsibility. What the contract says is what the parties are bound by.
A third misunderstanding is that the standard contract's buyer notice rules are the same for all conditions. The finance and building and pest conditions have specific notice requirements set out in the standard contract. A special condition's notice requirements depend on its own wording, which is another reason why the drafting matters.
Frequently Asked Questions
What is the difference between a printed condition and a special condition in a Queensland contract?
The standard Queensland residential contract has three printed conditions for finance, building and pest inspections, and State lease consent. A special condition is any term added beyond those, and it prevails over a printed condition where the two are inconsistent, according to the standard contract.
Does a special condition in a Queensland contract need to be in writing?
A condition only binds if it is written into the signed contract. The Queensland Government advises that checking conditions are in the contract when signing is the buyer's responsibility, and that verbal agreements made before signing generally do not have the same effect.
Can a special condition in a Queensland contract extend the cooling-off period?
The Queensland Government's Office of Fair Trading says the five business day cooling-off period is for buyers only, and a buyer can choose to waive or shorten it in writing. A special condition can address specific rights a buyer wants beyond the cooling-off period, but the cooling-off rules themselves are set by Queensland law.
What happens if a special condition in a Queensland contract is not met?
The condition's own wording governs what happens if it is not satisfied, whether that is termination, waiver or some other outcome. The standard contract also sets out general default consequences where an essential term is not met, and a solicitor can advise on how both interact.
Is time of the essence for special conditions in a Queensland property contract?
The standard Queensland residential contract provides that time is of the essence, except for an agreed time of day for settlement before 4pm. Dates introduced by a special condition are generally treated as essential terms under that rule, unless the condition says otherwise.
Do you need a solicitor to review special conditions before signing a contract in Springfield or Ipswich?
A solicitor can review the full contract, including any special conditions, before it is signed and explain what each one requires. The Queensland Government advises buyers to have a solicitor check the contract first, and our conveyancing team in Greater Springfield and Ipswich helps clients with exactly that.
Can a special condition be added to a Queensland contract after both parties have signed?
A change made after a contract is signed generally needs both parties to agree to it. The standard contract provides that notices and variations must be in writing, and a written communication from a solicitor varying a contract term is treated as given with the client's authority.
Your Next Steps
Property contracts in Queensland are binding documents from the moment both parties sign. The special conditions in a contract, whether they were added by the seller or the buyer, determine a great deal about how the transaction unfolds: what must happen, by when, and what rights each party has if it does not. For buyers and sellers across Greater Springfield and Ipswich, understanding what the contract actually says before signing is how problems are avoided rather than resolved later.
If you're working through a property contract and want clarity on what a special condition means or whether one needs to be added, the right advice early makes the process simpler. Contact the Brookwater Legal team or call (07) 3437 8555 to talk through where you stand.
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Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
