Clause Search Results

error and misdescription in Australian 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

Error and Misdescription

Understanding the Error and Misdescription Clause in a Queensland Property Contract

error and misdescriptionerrorandmisdescription

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#2Northern TerritorySpecial Clauses

Land Tax Clearance

Understanding Land Tax Clearance and Rates Adjustments in Northern Territory Property Contracts

anderror

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#3Western AustraliaSpecial Clauses

Land Tax Clearance

Ensuring Smooth Settlements: Understanding Land Tax Clearance in Western Australia Property Contracts

anderror

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#4Australian Capital TerritorySpecial Clauses

Land Tax Clearance (ACT)

Understanding the Land Tax Clearance (ACT) Clause in Australian Capital Territory Property Contracts

anderror

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#5Australian Capital TerritoryCritical Risk

Building and Pest Inspection

Guide to the Building and Pest Inspection Clause in Australian Capital Territory Property Contracts

and

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#6New South WalesCritical Risk

Building and Pest Inspection

Master the Building and Pest Inspection Clause in a New South Wales Property Contract

and

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#7Northern TerritoryCritical Risk

Building and Pest Inspection

Understanding the Building and Pest Inspection Clause in your Northern Territory Property Contract

and

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#8QueenslandCritical Risk

Building and Pest Inspection

Building and Pest Inspection in QLD Contracts: What Buyers Must Know

and

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#9South AustraliaCritical Risk

Building and Pest Inspection

Understanding the Building and Pest Inspection Clause in South Australia Property Contracts

and

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#10TasmaniaCritical Risk

Building and Pest Inspection

Securing Your Tasmanian Dream Home: Navigating the Building and Pest Inspection Clause in Your Real Estate Contract

and

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Search Summary

Found 85 relevant pages. The strongest matches explain what “error and misdescription” means, where the buyer risk sits, and how the clause plays out in real contracts.

Frequent Risk Signals

• No automatic termination: Under standard REIQ conditions, an Error and Misdescription does not give you the right to terminate the contract or delay settlement unless the mistake is so severe that you are fundamentally getting a different property (known as a "material" error under Queensland law).
• Strict timeframes for claims: You must formally notify the seller in writing of your claim for compensation prior to settlement. If you discover the error after the settlement date, you generally lose your right to claim any financial shortfall.
• Burden of proof: The buyer bears the burden of proving the financial impact of the misdescription. You may need to pay $500 to $1,500 for an independent valuation or registered surveyor to legally quantify the exact dollar value of the discrepancy.
• Minor boundary discrepancies: A common buyer's risk involves minor boundary encroachments or slight land area shortages (for example, a 400sqm block that is actually 385sqm). Under this clause, you must proceed with the purchase and negotiate a minor price adjustment rather than walking away.
• Exclusion of physical defects: This clause strictly covers errors in the contract's description of the property's title, boundaries, or legal particulars, not physical defects like termite damage or structural faults, which require separate building and pest conditions.
• Risk of default: If you wrongly assume a minor error allows you to refuse settlement, the seller can terminate the Queensland property contract, forfeit your deposit (often up to 10% of the purchase price), and sue you for additional financial damages.