Key takeaways
Contract reviews should happen before signing, when there is still have room to question clauses, request changes or add conditions.
A conveyancer can check the contract of sale for unusual clauses, vendor-added conditions, missing documents, title issues and disclosure gaps.
Special conditions should be clearly worded, with deadlines, outcomes and exit options confirmed before you commit.
Vendor disclosure, title details and inclusions should be checked, as these can affect ownership, use, costs and settlement.
Confirm finance approval, settlement timing and upfront costs early, so you understand what needs to happen before exchange and settlement.
Before you sign a property contract, it’s worth speaking with a conveyancer about the risks, deadlines and conditions that could affect your purchase. The right questions can help you understand what you’re agreeing to before your options become limited.
A conveyancer can review the contract of sale, flag potential issues and explain what happens next. This guide covers 10 practical questions to ask before signing, so you can make a more informed decision and move through the buying process with greater confidence.
Why a pre-signing contract review matters
A conveyancer can still help after exchange, but a pre-signing contract review is often when buyers have more room to act. Before you sign, you may be able to question a clause, request an amendment, add a condition or confirm what is included in the sale.
If you wait until after the exchange, the contract of sale may already be legally binding. Once any cooling-off period has ended, your options can become more limited. Changes that may have been straightforward before signing can become harder, more expensive or unavailable.
A pre-signing review helps your conveyancer check the contract against your circumstances. This may include reviewing special conditions, checking title details, confirming inclusions and exclusions, identifying red flags and reviewing the vendor’s disclosure documents.
Use the 10 questions below to guide the conversation with your conveyancer. They are designed to help you understand the contract, the deadlines and the risks before you commit.
10 questions to ask your conveyancer before signing a property contract
Before you sign a contract of sale, ask your conveyancer these 10 questions to check the risks, deadlines, costs and conditions that could affect your purchase.
1. Is there anything in this contract I should be concerned about?
This is a useful starting question. It gives your conveyancer room to identify the issues that matter most in the contract of sale, rather than asking you to interpret legal wording yourself.
Your conveyancer may review the contract for unusual clauses, vendor-added conditions, missing documents, title issues or disclosure gaps. They may also flag property contract red flags that should be clarified before you sign. What matters most can vary by property type, state or territory, and your circumstances as a buyer.
If nothing significant stands out, that is still useful. It may mean the contract appears relatively standard, allowing you to move on to more specific questions about finance approval, settlement, title, inclusions and conditions. Your conveyancer should explain:
Specific details | The conveyancer names the clause, condition or document they are referring to. |
Context | They explain whether the issue is common or unusual for this type of property. |
Next steps | They tell you whether to clarify, negotiate, add a condition or proceed with caution. |
2. Are my special conditions worded correctly?
A special condition is generally most effective when it clearly explains what must happen, by when, and what your options are if the condition is not met.
Ask your conveyancer to review the exact wording before you sign. This is especially important for finance approval, building and pest inspections, settlement timing, repairs, vacant possession or any condition added during negotiation.
Buyers often focus on whether special conditions are included in the contract of sale. A key issue is whether those conditions are clear enough to rely on if something changes. A vague finance clause, unclear inspection condition or loose settlement requirement may create room for disagreement. The answer should make clear:
A clear deadline | States when the condition must be satisfied, waived or acted on. |
A defined outcome | Explains what needs to happen for the condition to be met. |
A clear exit mechanism | Sets out what you may be able to do if the condition is not met. |
State-specific wording | Contract rules and cooling-off rights can vary by state and territory. |
Your conveyancer should also flag any wording that is too broad, unclear or difficult to enforce and recommend amendments before you sign.
3. Is the vendor’s disclosure statement complete?
Vendor disclosure requirements vary across Australia, so your conveyancer should check the required documents before you sign. Examples include a Section 32 vendor statement in Victoria, a Form 1 vendor statement in South Australia and Queensland’s seller disclosure scheme.
A vendor disclosure statement may identify issues that affect the property or how you can use it. These can include easements, encumbrances, zoning restrictions, council notices, title details, strata or owners corporation information, and other property-specific matters.
If a required document is missing or incomplete, your options may depend on the state or territory, the contract terms and timing. Ask your conveyancer to explain whether the issue should be clarified, negotiated or reviewed further before you sign.
Ask your conveyancer to confirm:
Required documents | Confirms the disclosure documents match the rules in the state or territory where the property is located. |
Missing information | Identifies gaps such as missing attachments, incomplete notices or undisclosed issues. |
Property restrictions | Flags matters that may affect ownership, future use or costs. |
Next steps | Explains whether to seek clarification, negotiate changes or get formal legal advice before signing. |
4. Are there any issues with the title?
The property title sets out what you are buying and whether any interests are registered over the property. Title issues can affect how you use the property, what obligations come with it and whether settlement can proceed as expected.
Ask your conveyancer whether a title search has been completed or will be arranged before you sign. They should explain any caveats, encumbrances, easements, mortgages or other registered interests in plain English. Some title matters may be standard, such as drainage easements or shared access.
Other titles may need closer review, including a caveat, unresolved mortgage or restriction that must be dealt with before settlement. A clear response should include:
Title search status | Confirms whether the title has been reviewed before you sign. |
Caveats and encumbrances | Explains what is registered on the title and how it may affect the property. |
Easements or restrictions | Identifies whether another party has rights over part of the property. |
Settlement risk | Clarifies whether anything must be removed, discharged or resolved before settlement. |
Your conveyancer should also explain whether the issue is common, manageable or requires further legal advice before you proceed.
5. Does the settlement date realistically fit my situation?
The settlement date should align with your finance, paperwork and personal timeline. Once you sign, changing the date may require the vendor’s agreement and may incur additional costs.
Ask your conveyancer whether the proposed settlement date is achievable before you commit. They should consider your loan approval status, lender requirements, loan documents, title searches, transfer documents and PEXA settlement preparation.
A tight settlement date can create risk if your finance approval is still conditional, your lender needs more documents or key searches have not been completed. If you cannot settle on time, you may face default interest, legal costs or other consequences, depending on the contract terms and applicable state or territory rules.
Look for an answer that covers:
Finance status | Confirms whether your loan approval and lender requirements support the settlement date. |
Document timing | Checks whether loan documents, transfer paperwork and searches can be completed in time. |
Personal circumstances | Considers your current lease, sale settlement or moving timeline. |
Extension options | Explains how to request more time and whether the vendor may need to agree. |
Your conveyancer should tell you whether the date is realistic, tight or high-risk before you sign.
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6. What are my rights if something goes wrong before settlement?
Issues can still arise between exchange and settlement.
The property may be damaged, an agreed inclusion may be removed, the vendor may miss a contract obligation or settlement may be delayed. Ask your conveyancer which protections apply before settlement and what steps you should take if an issue arises. Rules can vary by state or territory, so it is important to understand your rights, timeframes and options before you sign.
This is also the right time to confirm inclusions and exclusions. If the contract says certain items must stay with the property, your conveyancer can explain what happens if they are missing at the pre-settlement inspection.
Your conveyancer should walk you through:
Pre-settlement inspection rights | Confirms when you can inspect the property and what to check. |
Property damage risk | Explains who may carry the risk if the property is damaged before settlement. Rules vary by state and territory. |
Vendor obligations | Sets out what happens if the vendor removes an inclusion, fails to maintain the property or misses a contract requirement. |
Next steps | Explains whether you may be able to request repairs, delay settlement, seek compensation or get further legal advice. |
Your conveyancer should also explain how quickly you need to act if a problem arises.
7. Are there any costs I haven’t accounted for?
The purchase price is not the full cost of buying a property. You may also need to budget for government charges, professional fees, lender-related costs and settlement adjustments.
Ask your conveyancer to explain what is payable, when it is due and which costs are fixed or estimated. Some costs may only become clear once the contract, title and settlement figures have been reviewed. Common costs can include stamp duty, conveyancing fees, title search fees, registration fees, loan-related fees and adjustments for council rates, water rates or strata levies.
You may also need to allow for property-specific costs, such as a strata special levy or an outstanding rates adjustment. Some buyers may be eligible for first-home buyer concessions or exemptions. Eligibility, property price caps and rules vary by state or territory and your personal circumstances. The key points to cover are:
Government charges | Includes stamp duty, registration fees and other state or territory charges. |
Professional fees | Covers conveyancing, legal, inspection or search-related costs. |
Lender-related costs | May include loan application, valuation or settlement fees, depending on the lender and loan. |
Settlement adjustments | Accounts for council rates, water rates, strata levies or other shared property costs. |
Possible concessions | Confirms whether first home buyer concessions or exemptions may apply. |
Your conveyancer should help you separate confirmed costs from estimates, so you can plan the cash you need before exchange and at settlement.
8. Is there anything about this property type or location I should know?
Not every risk will be obvious from the contract of sale. The property type, local area and planning rules can all affect what you are buying and how you may be able to use it.
Ask your conveyancer whether there are property-specific or location-specific issues you should understand before signing. For example, a strata apartment may need a closer review of strata records, levies and building history.
An off-the-plan contract may include longer timelines and developer conditions. A heritage-listed property, rural block or property in a flood or bushfire-prone area may involve extra planning, insurance, or use restrictions.
This question helps identify whether extra searches or reports are worth arranging before you commit. What matters will depend on the property, the state or territory, local council rules and your intended use. Before you sign, clarify:
Property type risks | Flags issues linked to strata, off-the-plan, rural, heritage or other property types. |
Location risks | Identifies overlays, council notices, flood risk, bushfire risk or development activity. |
Extra searches or reports | May include strata records, flood searches, heritage checks or planning searches. |
Practical impact | Explains whether the issue could affect renovations, insurance, access, costs or future use. |
Your conveyancer should explain which risks are standard, which need more investigation and which should be clarified before you sign.
9. What happens if my finance approval is delayed or declined after exchange?
Finance issues after the exchange can create serious risk. The key questions are whether your contract includes a clear subject to finance condition, whether it aligns with your loan timeline, and whether the deadline to rely on it has passed.
Ask your conveyancer to explain what happens if your loan approval is declined, delayed or remains conditional. If the finance condition applies, they can explain how to use it, what notice you need to give and what evidence may be required.
If there is no financial condition or the deadline has expired, your options may be limited. Depending on the contract terms, applicable state or territory rules and the circumstances, you may risk losing part or all of your deposit or being liable for some of the vendor’s losses if you cannot settle. Make sure the answer covers:
Finance condition wording | Confirms whether the clause is clear and suitable for your loan approval timeline. |
Deadline to act | Explains when you must give notice if finance is declined or delayed. |
Notice requirements | Sets out how to trigger the condition and what documents may be needed. |
Risk if finance fails | Clarifies what may happen if the finance condition does not apply or has expired. |
Your conveyancer should help you understand the next steps before the finance deadline passes.
10. What do I need to do, and by when?
A property contract can involve several important deadlines at once. These may include the cooling-off period, special condition dates, deposit due dates, finance approval milestones and settlement.
Ask your conveyancer to turn the advice into a clear action plan before commiting. You should know what needs to happen next, who is responsible and which dates cannot be missed.
This is especially important if you are also arranging finance, waiting on inspection reports, managing a lease or selling another property. Missing a key date may have financial or legal consequences, depending on the contract and the rules in your state or territory. You should leave the conversation knowing:
A dated checklist | Lists each key deadline and action item in writing. |
Clear responsibilities | Confirms what you need to do, what your conveyancer will handle and what your lender or broker needs to provide. |
Finance milestones | Tracks approval, loan documents and settlement funding requirements. |
Escalation contacts | Sets out who to contact if finance is delayed, an inspection raises an issue, or your circumstances change. |
Your conveyancer should help you leave the meeting with a clear next step, not just general advice.
Remember, a clear contract review can help you understand what you are agreeing to before you commit, while Aussie can help you keep your finance and settlement milestones on track.
How to prepare for a pre-signing contract review
A pre-signing contract review is generally most useful when your conveyancer has sufficient time to review the contract of sale properly. Send the paperwork before the meeting, not on the day, so that they can review the wording, disclosure documents, title details, special conditions and key dates.
Before the call or appointment, write down the questions you want answered. Contract review discussions can move quickly, especially when exchange or cooling-off deadlines are close. Ask your conveyancer to do the following:
Send documents early | Gives your conveyancer time to review the contract, title, disclosure documents and conditions before you speak. |
Prepare your questions | Helps you cover finance approval, settlement timing, costs, inclusions and contract risks. |
Take notes | Creates a record of the advice and the next steps discussed. |
Ask for plain English | Helps you understand the issue, rather than relying on legal wording you may not be familiar with. |
Confirm next steps | Clarifies what you need to do, what your conveyancer will handle and which deadlines matter most. |
Follow up in writing | Helps resolve any uncertainty before you sign. |
How can Aussie help?
Aussie Conveyancing can help coordinate the legal and administrative steps, including key deadline management and settlement coordination. An Aussie Broker can also help you keep financial milestones on track.
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Get your property contract reviewed before you sign
A pre-signing contract review could help you better understand the risks, deadlines, costs and conditions attached to a purchase before you commit. Your conveyancer can review the contract of sale, explain what needs to be clarified and help you understand your next steps through to settlement.
Aussie Conveyancing can help with the legal and administrative steps from exchange to settlement, while an Aussie Broker can help you understand how your finance milestones may align with your contract.