Optimise Your Legal Practice with Special Conditions for Sale of Land (NSW)

What’s Included in the Special Conditions for Sale of Land (NSW)

Special Conditions for Contract for the sale and purchase of land New South Wales

Sale of Land in New South Wales is done with the Contract for Sale of Land created by The Law Society of New South Wales and The Real Estate Institute of New South Wales (‘the Contract’). Over recent years, the Contract has had several new editions. The Contract is now called the ‘Contract for the sale and purchase of land’ since 2014 onwards. The successive editions are listed below:

• Contract for the sale of land 2005 edition
• Contract for the sale and purchase of land 2014 edition
• Contract for the sale and purchase of land 2016 edition
• Contract for the sale and purchase of land 2017 edition

For each edition, practitioners have been formulating their own Special Conditions. For whatever reason, each edition of standard terms produced by the Law Society of New South Wales and The Real Estate Institute of New South Wales spawns its own unofficial which filter through the profession, attached to clients’ contracts.

The Special Conditions to the Contract for the sale and purchase of land complement the Standard Terms of the Contract for the sale and purchase of land by:

• Deleting and amending the Standard Terms
• Including new terms which are not included in the Standard Terms

The Special Conditions to the Contract for the sale and purchase of land are designed to be added to the Contract for the sale and purchase of land right after the Special Conditions and before any annexures. For this reason, the numbering of the Special Conditions begins at 13 or 18 (depending on which edition you use) to follow on from the page numbering in the Standard Terms.

Most new property sales use the Contract for the sale and purchase of land 2017 edition. There are still earlier editions in use, so this precedent set includes all four versions still found in circulation. Note that that Special Conditions are not intended to be used on their own. You still need to purchase the Contract for the sale and purchase of land from the Law Society of New South Wales. There is an online shop on the website of the Law Society of New South Wales from which you can purchase a one-use-only copy of the Contract for the sale and purchase of land. Select the appropriate set of special conditions, add your annexures and you have your Contract!