Special conditions are extra terms added to a Victorian contract of sale, and they usually take priority over the general conditions where the two conflict. Many buyers read the price, then skip straight to signing without reading the pages that can quietly change what that price actually buys them.
Page 12 of the contract had a special condition letting the vendor push settlement back 30 days. The buyer never got past the price on page 1. That single clause, agreed to without being read, put the buyer's own settlement plans (the removalist booked, the lease notice given on their existing rental) suddenly at the mercy of someone else's timeline.
Buying or selling? Have the special conditions reviewed while there's still time to negotiate them, not at settlement, when there's nothing left to change.
Book a Free Client Assessment →Where Do Special Conditions Sit in the Contract?
Every Victorian contract of sale is built on a standard set of general conditions. The special conditions added to the contract are where the deal is actually customised, and they usually take priority over the general conditions where the two conflict. Agents and vendors' solicitors add them for entirely legitimate reasons: to reflect a genuine agreement between the parties, to deal with something specific about the property, or to protect the vendor's position on a particular point. The problem is not that special conditions exist. The problem is that they are routinely signed without being read in full.
What Can Special Conditions Quietly Change?
Clause types that commonly cause problems include:
- Finance deadlines: extending or shortening the window a buyer has to secure finance approval.
- Building approval requirements: making the contract conditional (or not) on planning or building permits.
- Access arrangements: who can enter the property, and when, before settlement.
- Settlement extensions: giving one party the right to push settlement back, sometimes without penalty.
- Deposit release timing: when and how the deposit can be released to the vendor before settlement, subject to the Sale of Land Act.
- Default interest for late payment: the interest rate the buyer pays if money is paid late, which a special condition can change, within legal limits.
One badly worded clause in any of these categories can change the whole deal, even though the headline price on page one never moves.
How Phan Campbell & Associates Can Help
At Phan Campbell & Associates in Footscray, our conveyancing team reviews contracts of sale for buyers and sellers across Melbourne and Victoria before signature, with particular attention to the special conditions many buyers skip. Where a clause is unfavourable, we negotiate it while there is still leverage to do so, before the contract is signed and not after.
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Frequently Asked Questions
1. What are special conditions in a Victorian contract of sale?
Special conditions are extra terms added to the contract of sale alongside the standard general conditions, and they usually take priority over the general conditions where the two conflict. Many buyers read the price, then skip straight to signing without reading the special conditions in full.
2. What can special conditions quietly change?
Finance deadlines, building approval requirements, access arrangements, settlement extensions, deposit release timing, and default interest for late payment can all be varied by a special condition, within the limits the law allows. One badly worded clause here can change the whole deal, even though the printed price stays the same.
3. Can a vendor use a special condition to delay settlement?
Yes, if the buyer has agreed to it in the contract. A special condition can give the vendor the right to extend settlement by a set number of days, sometimes without penalty, which is a right the vendor would not otherwise have under the general conditions.
4. When should special conditions be reviewed?
Before you sign, while there is still room to negotiate them. Once the contract is signed and settlement is approaching, an unfavourable special condition is very difficult to unwind. A conveyancing lawyer reviewing the contract before signing can identify and negotiate problem clauses early.