Purchasing a property is one of the most important legal and financial commitments you will make. But not all contracts are what they seem.
At Hayton Kosky, we are increasingly concerned by the rise of non-standard, buyer-unfriendly contracts being issued by some conveyancing practitioners. These contracts often appear to follow the standard form developed by the Law Institute of Victoria (LIV) and the Real Estate Institute of Victoria (REIV) — but contain serious, concealed alterations that shift risk and remove protections from purchasers.
🧾 The LIV/REIV Standard Contract – What It Should Contain
The LIV/REIV Contract of Sale of Land (January 2024 edition) is the recognised industry standard in Victoria. It includes balanced General Conditions that set clear and fair expectations for both vendors and purchasers.
Any changes to these conditions should be made transparently and by way of a properly labelled Special Condition — but unfortunately, some practitioners are now bypassing this safeguard.
⚠️ Case Study 1: “Victorian Property Settlements” – Buyer Rights Quietly Cut
In a recent transaction, a contract prepared by conveyancer Victorian Property Settlements looked like the standard LIV/REIV contract — but included altered General Conditions, including reducing the purchaser’s building inspection period from 14 days to 3 business days under General Condition 21.2.
This change was buried in the text with no prominent warning or special condition. Such tactics limit a buyer’s ability to undertake due diligence and may amount to misleading or deceptive conduct under Victorian consumer law.
🛑 Case Study 2: Tick Box Conveyancing – 26 Buyer-Unfriendly Conditions
In another matter involving Tick Box Conveyancing, the contract for a South Melbourne apartment included 26 separate Special Conditions. These provisions:
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Shifted planning risk and tenant arrears to the buyer;
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Restricted nomination rights with strict notice periods and extra fees;
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Imposed penalty charges of up to $990 per default notice.
Such practices turn a straightforward purchase into a minefield, and often without the buyer’s knowledge or understanding.
✅ Recommended Protective Clause
To protect yourself from legal traps, we strongly recommend inserting the following clause into any Contract of Sale you are presented with:
Special Condition: Deletion of Special Conditions
The Purchaser and Vendor hereby agree that all Special Conditions contained in the Contract of Sale are hereby deleted and shall have no effect. The only terms and conditions that shall apply to this Contract are those set out in the General Conditions of the Law Institute of Victoria and Real Estate Institute of Victoria Contract of Sale of Land Copyright January 2024.
This restores the integrity of your contract and protects your rights.
📝 Final Word: Don’t Sign Blind
If you’re purchasing property, don’t assume the contract is fair — even if it looks familiar. Always have your contract reviewed by a qualified property lawyer before signing. What you don’t see could cost you dearly.
Need Help?
At Hayton Kosky, we specialise in buyer-side contract reviews, risk protection, and negotiation. If you’re purchasing property in Victoria, contact us today for clear, commercial, and protective advice.