Skip to content
Before You Settle.com.au

By Paul Wenham · Research-based general information, not professional advice

Contract review before buying a home in NSW

Arrange a review early enough to understand the proposed transaction and raise questions before committing. Tell the reviewer what you intend to buy, how you intend to use it and any deadline you have been given.

A contract review should help you understand the legal position. It cannot, by itself, establish the physical condition of the building or whether the home suits your everyday life.

Give the reviewer a useful brief

Alongside the complete contract pack, send:

  • The property address and the sale method.
  • Your intended timing and any proposed auction.
  • Questions arising from the listing, inspection or conversations.
  • Important inclusions, parking or storage arrangements.
  • Plans for future use or alterations.
  • Reports already obtained and any access limitations noted.

This is our recommended briefing approach. Ask the firm which of these matters its engagement covers and what requires separate advice.

Ask for findings you can act on

AreaAsk the reviewer to explain
Property and ownershipWhat interest and boundaries does the transaction concern?
ConditionsWhich terms need particular attention or clarification?
DocumentsWhat information has been supplied and what further enquiries are appropriate?
InclusionsAre the things important to you adequately identified?
Timing and moneyWhat commitments, dates and payment obligations need your attention?
Unresolved issuesWhat remains open, who should address it and what are the implications?

The Law Society of NSW explains that a buyer’s rights depend substantially on the contract and that terms or inclusions may need attention. Changes are a matter for negotiation; they are not guaranteed merely because you request them. Law Society buying guidance

Keep contract questions and building questions connected

Suppose an inspection identifies a leak and the seller says it will be repaired. Ask the building professional what investigation or evidence is needed. Separately, ask your legal representative how any agreed arrangement should be addressed in the transaction.

Do not assume an informal reassurance has changed the contract. NSW guidance directs buyers to have contractual changes handled and confirmed through their legal representatives. Contracts and deposits

Do not rely on an assumed cooling-off period

Sale method and contract arrangements matter. NSW Government guidance explains that auction purchases do not have the ordinary cooling-off protection and that cooling-off rights can be affected by a 66W certificate. Obtain advice on your actual position before signing or bidding. Cooling-off information

This guide does not calculate your deadline or tell you that you can withdraw. Ask your representative to confirm any applicable date and consequence in writing.

Confirm what “review completed” means

Before proceeding, consider asking:

  1. Have I received the explanation I need?
  2. Which important questions remain unresolved?
  3. Have relevant reports and intended uses been raised?
  4. Is further specialist advice needed?
  5. What is the next commitment I am being asked to make?

Next: Choose your conveyancer and use the buyer checklist.