There are two situations where A.L.F. Lawyers are able to assist our clients when it comes to contracts.

The first is where a client who is ready to sign a contract, would like A.L.F. Lawyers to review their contract prior to their signing.

The second is where a client is considering buying or selling a property and seeks our advice on what terms and conditions should be included in the contract.

Contract Review

As a buyer or seller, you have a legal right to have your Contract reviewed by a Solicitor before signing the Contract to ensure that you fully understand the terms of the Contract before it is signed and you are legally bound to purchase or sell the property.

The Contract document is a legally binding agreement between the buyer and seller.  Important information including but not limited to, the parties’ entire names and contact details, contract price, deposit amounts, encumbrances, tenancy details, swimming pool requirements, regulations pertaining to safety switches and smoke detectors, finance amount and financier details, inspection conditions, settlement date and place for settlement.  A Contract also includes any special conditions or disclosures required by the parties.   All of which are vitally important to form a legally binding Contract of Sale.

It is important to remember that once the contract is signed by the buyer and seller you are bound by its terms. If these terms are not in accordance to what you thought had been agreed, then sadly you are bound to these terms.

Having your contract reviewed by an experienced legal professional prior to your final signature ensures that you fully understand the terms in which you are agreeing to buy or sell your property. Whilst at first glance a contract can appear to be relatively simple, it is always in your best interest to ensure that an experienced person in conveyancing matters ensures your legal rights are protected and that the party understands the terms of the contract.

Agents are not qualified to give legal advice to the parties and cannot represent the legal rights of the parties. The notion that any contract is a “standard” contract can be misleading.

Have Your Contract Reviewed

By An Experienced Qualified Lawyer

Do you really want to risk thousands of dollars after you sign the contract?

Pre-Contract Advice

By obtaining pre-contract legal advice a client is able to consider:

  1. what matters should be investigated before deciding to buy or sell
  2. what responsibilities have to be fulfilled before selling
  3. what special conditions may have to be inserted into a contract to protect their interest
  4. timelines for mortgagors and financiers
  5. requirements for pest and building

A.L.F. Lawyers will provide practical advice to clients that have engaged our firm to conduct the conveyance on their behalf.

The Agent must be made aware of any encumbrances, covenants, tenancies, environmental issues, works carried out on the property as an owner builder or other interests that may affect the property. By engaging A.L.F. Lawyers to provide you with pre-contract advice any issues that may affect the property, that you may not have thought of through the discussions with your Agent can be addressed and form part of the Contract of Sale.

A.L.F. Lawyers can also provide a service of reviewing the documents and providing advice on the Contract prior to you signing.  As a Buyer or Seller your right is to obtain Legal Advice prior to entering into any Agreement.  It is recommended that you sought such advice from one of our competent Legal Professionals.

By receiving pre-contract advice you reduce your risk of entering into a Contract that gives the buyer the right to terminate the Contract as a result of non-disclosure.

Preparation of Contract when selling your property

Generally, the Real Estate Agent that markets your property will prepare the Contract of Sale for you based on the instructions and conditions outlined by the buyer as part of the terms of purchase. In some instances, an individual person selling a property may be aware of issues of concern that are required to be disclosed in the Contract.

The Agent must be made aware of any encumbrances, covenants, tenancies, environmental issues, works carried out on the property as an owner builder or other interests that may affect the property. This may also include specific instructions with respect to any chattels or improvements that the seller may want to retain when they sell their property.

In these situations, A.L.F. Lawyers can work with you and liaise with the Agent to ensure your interests as a Seller are protected and any Disclosures pertaining to the property form part of the Contract.