Clause Search Results

subject to sale of buyer s property in Australian property contracts

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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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#2South AustraliaSettlement & Condition

Risk Passes to Buyer

Understanding Risk Passes to Buyer in South Australia Property Contracts

tobuyerpropertypurchasersale

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#3South AustraliaCritical Risk

Subject to Finance

Understanding the Subject to Finance Clause in South Australia Property Contracts

subjecttobuyerpropertysale

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#4VictoriaSettlement & Condition

Risk Passes to Buyer

Understanding "Risk Passes to Buyer" in Your Victoria Property Contract: Protecting Your Investment

tobuyerpropertypurchasersale

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#5Australian Capital TerritorySettlement & Condition

Risk Passes to Buyer

Understanding Risk Passes to Buyer in an Australian Capital Territory Property Contract

tobuyerpropertypurchasersale

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#6VictoriaCritical Risk

Subject to Finance

Navigating "Subject to Finance" Clauses in Your Victoria Property Contract: A Buyer's Essential Guide

subjecttobuyerpropertyof

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#7New South WalesSettlement & Condition

Risk Passes to Buyer

Navigating the Risk Passes to Buyer Clause in a New South Wales Property Contract

tobuyerpropertypurchaserof

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#8New South WalesCritical Risk

Subject to Finance

Subject to Finance Clause in New South Wales: A Complete Guide for Property Buyers

subjecttobuyerpropertysale

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#9Western AustraliaCritical Risk

Subject to Finance

Securing Your Purchase: Understanding the 'Subject to Finance' Clause in Western Australia Property Contracts

subjecttobuyerpropertyof

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#10Australian Capital TerritoryCritical Risk

Mandatory Pre-Sale Disclosure (ACT)

Understanding Mandatory Pre-Sale Disclosure (ACT) in your Australian Capital Territory Property Contract

tosalebuyerpropertyof

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Search Summary

Found 325 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.