Clause Search Results

subject to sale of buyer s property in Queensland property contracts

Results are ranked by clause relevance, buyer-risk fit, and how closely the page matches your search intent.

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#1QueenslandSpecial ClausesStrong match

Subject to Sale of Buyer's Property

Understanding the Subject to Sale of Buyer's Property Clause in a Queensland Property Contract

subject to sale of buyer s propertysubjecttosaleof

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#2QueenslandSettlement & Condition

Risk Passes to Buyer

Understanding 'Risk Passes to Buyer' in Your Queensland Property Contract: A Critical Guide for Buyers

tobuyerpropertypurchaserof

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#3QueenslandCritical Risk

Subject to Finance

Subject to Finance in QLD REIQ Contracts: What Buyers Must Know

subjecttobuyerpropertyof

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#4QueenslandSpecial Clauses

Auction Conditions (No Cooling-off)

Critical Guide to Auction Conditions (No Cooling-off) in a Queensland Property Contract

ofbuyerpropertytosale

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#5South AustraliaSettlement & Condition

Risk Passes to Buyer

Understanding Risk Passes to Buyer in South Australia Property Contracts

tobuyerpropertypurchasersale

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#6QueenslandDeposit & Default

Rescission of Contract

Rescission of Contract in Queensland: A Buyer's Guide to Property Contract Cancellation

ofbuyerpropertytosale

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#7QueenslandDeposit & Default

Seller Disclosure Breach — Buyer Termination Right

Understanding the Seller Disclosure Breach — Buyer Termination Right in Queensland Property Contracts

buyerpropertypurchasertoof

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#8South AustraliaCritical Risk

Subject to Finance

Understanding the Subject to Finance Clause in South Australia Property Contracts

subjecttobuyerpropertysale

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#9QueenslandSpecial Clauses

Deed of Variation

What is a Deed of Variation in a Queensland Property Contract? A Guide for Buyers

ofbuyerpropertytosale

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#10QueenslandSpecial Clauses

Guarantor Clause

Understanding the Guarantor Clause in a Queensland Property Contract: A Buyer's Guide

tobuyerpropertyofsale

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Search Summary

Found 324 relevant pages. The strongest matches explain what “subject to sale of buyer s property” means, where the buyer risk sits, and how the clause plays out in real contracts.

Frequent Risk Signals

• Sunset Clause Vulnerability: Under standard REIQ conditions, sellers often insert a 48-hour or 72-hour "sunset clause" (or "kick-out clause"), allowing them to continue marketing the property and force you to make your offer unconditional or terminate if they receive a better offer from someone else.
• Strict Notice Deadlines: If you fail to formally notify the seller's solicitors about the status of your sale by 5:00 PM on the exact date specified in your Queensland property contract, the seller can terminate the contract or, worse, the condition may be deemed satisfied, leaving you legally bound to buy.
• Loss of Initial Deposit: If your sale falls through but you miss the strict legal deadline to terminate the REIQ contract, you risk defaulting on the purchase and forfeiting your entire deposit, which is often up to 10% of the purchase price.
• Finance Approval Complications: Australian banks rarely issue unconditional finance approval for a new purchase until your existing property has formally settled, meaning a delay in your own sale directly jeopardises your ability to meet your finance condition.
• Chain Reaction Collapses: The buyer's risk increases exponentially in a "property chain"; if the person buying your home fails to secure their mortgage, your contract for the new home is immediately at risk of collapse due to circumstances entirely out of your control.
• Weaker Negotiating Position: Because sellers view a subject to sale offer as highly conditional and risky, you may have to pay a premium of $10,000 to $50,000 over competing unconditional buyers just to have your offer accepted in a competitive market.