What’s Hiding in Your Property Contract?

When you start your property search, you’re usually keen to look at the actual properties — not the paperwork. But that seemingly boring document — your property contract — could be hiding costly surprises that might derail your dream home or smart investment.

In this episode of The Property Frontline, I sat down with Hae-Jung Kim from K&T Legal to unpack what’s really inside a property contract — and why reviewing it early (yes, before you make an offer) is one of the smartest moves a buyer can make.

Why Property Contracts Matter (More Than You Think)

At first glance, a property contract can feel overwhelming or even irrelevant — particularly if you're just taking an initial look at a property. But as Hae-Jung explains, even when you’re at the early phase of considering a particular property, you should ask the agent for a copy of the contract, and review a few key items that might help you rule a property in or out of your shortlist.

“The first thing to check is that the contract is for the right property. It sounds obvious, but mistakes happen — agents deal with multiple listings, and contracts can get mixed up.”

From there, you should also check:

• The settlement period – This tells you how long you’ll have between signing and settlement. Some buyers need longer to finalise finance or organise logistics, so knowing this upfront is crucial.
• What’s included in the sale – Fixtures like dishwashers or outdoor items may look like they’re included, but unless it’s clearly listed, don’t assume.

As Hae-Jung says, “What we see in the contract often doesn’t match what the buyer saw at inspection. So it’s important to cross-check inclusions and ask questions early.”

Different States = Different Contracts

Property contracts differ between states. For example, in NSW, inclusions are listed on the front page. In Queensland, they appear a few pages in — and are often incomplete.

If you’re buying in Queensland, Hae-Jung recommends following this rule of thumb:

“If you tipped the house upside down and something fell out, it’s probably not an ‘inclusion’ and will leave along with the owner. If it stays fixed, it’s likely to be part of the sale — but don’t leave it to chance. If you want something specific included, like a dishwasher, make sure it’s written into the contract.”

Hidden Clauses and Not-So-Standard Contracts

One of the biggest myths buyers fall for is the idea that contracts are “standard.” As Hae-Jung explains, there is a standard base contract used in conveyancing, but it’s often changed by special conditions added by the seller’s solicitor — and these changes are almost always in the seller’s favour.

She recently came across a contract that excluded the buyer’s right to a final inspection, added extra fees for rescheduling settlement, and placed unexpected penalties on the purchaser.

“These aren’t things you’d catch unless you know what to look for. That’s why reviewing the contract with a solicitor before signing is essential.”

A solicitor’s review of the contract should ideally be once you’re fairly certain you want to purchase the property, but never sign until the review is complete because your solicitor could save you thousands.

What Else Can Be Hiding?

Beyond inclusions and special conditions, contracts can reveal practical issues about the property itself. For example, in NSW, the sewer diagram often found at the back of the contract can show council pipes running through awkward parts of the block — something that could affect future renovations or even be a deal-breaker.

And of course, if the property is going to auction, the stakes are higher.

“There’s no cooling-off period after an auction,” Hae-Jung reminds us. “If you win, you’re immediately locked into the contract. So it’s crucial to get it reviewed before bidding.”

When Should You Engage a Solicitor?

The answer: much earlier than most buyers think.

“Ideally, have a quick chat with a solicitor as you start your property search. It doesn’t mean you’re locked into anything — but it gives you clarity on what to look for and how to prepare. That way, when you find ‘the one,’ you’re not scrambling.”

Even if you’re not ready to buy just yet, building a relationship with a solicitor early means they understand your situation and can step in quickly when you’re ready to proceed.

Golden Rule: Don’t Sign Anything You Don’t Understand

Too often, buyers feel pressured by agents to sign a contract “just to get things moving.” But as we discussed in the episode, this can backfire — particularly if the contract hasn’t been reviewed and doesn’t contain protections like a building and pest clause.

“Set up a good team of professionals to help you,” Hae-Jung urges. “Don’t feel like you have to go it alone. Even if you’re confident, checking in with a solicitor can help avoid nasty surprises.”

Your purchase rulebook

Contracts aren’t just legal formalities — they’re the rulebook for your property transaction. Getting them reviewed early, even before you make an offer, ensures you’re not buying into something you didn’t agree to.

And if you’re a first-time buyer or just unsure where to begin, take this as your sign to make a solicitor your early-stage buying ally.

Very special bonus

If you’re currently working through the ‘fun’ activity of searching for your ideal property, there’s some special news you need to hear.

The Property Frontline has developed Australia’s ONLY interactive, ‘in-the-moment’ buyer support system designed to help buyers cut through the chaos and dial down the stress of buying property in the current market.

You can access up to the minute buyers agency support, at a fraction of the cost of a full buyers agent fee.  We know how important contracts are, so we have recently added a new module – Your Contract Compass – to the Buyer Success Program. 

Now you can not only save time and money using the BSP but also save even more by using ‘Your Contract Compass’.  This module will show you the key components to identify in property purchase contracts, which will help you rule properties in or out of your list.

Your Contract Compass will also save you time and money by helping you minimise the amount of contracts you will need your solicitor to review.  Check out the Buyer Success Program here.

Make contact

Watch the full session of the podcast for more insights here. You can contact Hae-Jung at K&T Legal, and of course, reach out to us at The Property Frontline if you’re navigating your property journey and want to do it the smart way.