Requisitions on Title in New South Wales: A Must-Know Guide for Property Buyers
Plain English Definition
"Requisitions on Title" means a formal series of questions and requests that a buyer's legal representative sends to the seller to uncover hidden defects, disputes, or legal issues affecting the property. In a New South Wales property contract, these questions force the seller to disclose critical information—like unapproved building work, boundary disputes, or upcoming council zoning changes—before settlement occurs. If the seller provides unsatisfactory answers or reveals a major defect, it gives the buyer an opportunity to demand a fix or, in severe cases, legally pull out of the purchase.
The Danger Zone: Buyer's Risk
- Strict 21-day time limit: Under the standard New South Wales Contract for Sale, you typically only have 21 days from the date of the contract to serve general Requisitions on Title, and missing this deadline permanently waives your right to ask these crucial questions.
- Standardised evasive responses: Sellers often reply to requisitions with standard, non-committal answers like "not as far as the vendor is aware," which heavily increases the buyer's risk if an undiscovered issue arises after the property settles.
- Unapproved structures and renovations: Failing to ask specific requisitions about local council approvals can leave you financially responsible for tens of thousands of dollars in demolition orders for illegal extensions built by previous owners.
- Contractual deletions: Many modern sellers add special conditions to the Contract for Sale that severely limit or entirely delete your right to make general requisitions, stripping away a major layer of legal protection for the buyer.
- Hidden boundary disputes: Without proper requisitions, you might unknowingly inherit costly fencing disputes with neighbours or discover unregistered sewer lines that restrict your ability to build, renovate, or develop the land.
- Outdated survey risks: If you do not actively request an up-to-date survey report through the requisitions process, you may purchase a property with encroaching structures, leading to expensive legal battles under New South Wales property law.
Real-Life New South Wales Scenario
Wei, a first-home buyer and Chinese-Australian investor purchasing a duplex in Sydney, assumed the standard Contract for Sale automatically protected him from hidden property defects. His conveyancer missed the strict 21-day deadline to submit Requisitions on Title, meaning they failed to formally ask the seller about any recent local council notices. Two months after settlement, Wei received a mandatory council order to demolish an unapproved $45,000 rear extension, a massive financial cost he had to bear entirely out of pocket because he had lost his right to force the seller to rectify the issue. Always ensure your legal representative submits tailored requisitions within the strict contractual timeframe to protect your hard-earned investment.