Special Conditions in a contract of sale are additional conditions to the General Conditions of a contract of sale. These conditions are inserted into the contract by the Vendor’s legal representative and sometimes by the Agent.
A Vendor’s legal representative may insert special conditions into a contract to vary the general conditions or to provide further protection for the Vendor such as allowing the Vendor the right to terminate the contract in certain circumstances. Conditions may also be inserted to limit the Purchaser’s rights.
Sometimes you may negotiate an additional Special Condition to be inserted into the contract as the Purchaser. Examples include requiring the Vendor to have the carpets and/or the property professionally cleaned prior to settlement, having all appliances in good working order prior to settlement, or for the lawns and gardens to be mowed and weeded.
You should carefully think about any Special Conditions including in a contract prior to signing it and if you require your own Special Conditions, speak to the Agent to see if the Vendor would be agreeable to include such Conditions prior to going any further.
