Getting your property spic and span for marketing and open homes takes time and money – which is why you will not want your efforts to be sabotaged by a poorly drafted contract that can put off potential buyers.

At Omega Legal, we know better than to include the following onerous terms when drafting a contract for the sale of your property:

Onerous clause 1. The purchaser is required to pay for some of the vendor’s usual legal costs

Each party usually bears their own legal fees and costs and there is no reason to pass the ordinary costs of the transaction to the other.

Onerous clause 2. The purchaser has to assume the risk of any damage to the property that occurs when the vendor still has possession or control

The risk of any loss and damage to the property is normally passed onto the purchaser when they take possession of the property or when settlement occurs.

Onerous clause 3. The purchaser is alerted to potential illegal building works when there is none in the property.

A special condition that attempts to circumvent the vendor’s disclosure obligations of any illegal building works will only raise questions from potential buyers. Your contract should not have clauses that are ambiguous and not relevant to the property you are selling.

Are you ready to sell a property? Contact us today on 0402 990 108 or email info@omegalegal.com.au.