Sample report · real contract

We read 35 pages and found $188,252 the buyer was carrying.

This is an actual NSW contract of sale for a house in Pymble, with 25 special conditions annexed to it. Nothing below is made up. Every finding is quoted from the page it was read on, because a point you cannot show the agent is a point you cannot use.

The property
28 Reynolds Street, Pymble NSW 2073
Asking
$1,310,000
What was read
Contract for the sale of land - 2005 edition
$188,252
Risk found
6
Serious findings
14
Findings in total
35
Pages read

The $188,252 is the sum of 4 findings where the contract supplies its own arithmetic — a deposit that does not reconcile, a deposit released early, a compensation cap cut by four fifths, and the penalties a mis-dated completion triggers. The other findings are real but unpriceable from the documents, so we do not put a number on them.

What went in

One upload. Six documents.

A buyer gets this pack as a single PDF from the agent, usually the evening before an auction. It is 35 pages of 1950s survey plans, a planning certificate and an annexure of special conditions written by the vendor's solicitor.

  • Contract of sale, 19 pages
  • Special conditions 30-54
  • Title search, folio D/22959
  • Deposited plan DP22959
  • Section 149(2) planning certificate
  • Sewerage service and mains diagrams
The report

Every finding, with the page it came from.

Deal with these before you sign

6

Each one either costs money or takes away a right you would assume you had.

The deposit and the balance do not add up, and $50,000 is missing

Price $1,310,000, deposit $81,000, balance $1,179,000. Those last two make $1,260,000. The balance is exactly 90% of the price, so it was worked out from a $131,000 deposit that was never written on the page. Clause 9.1 lets the vendor recover the deposit up to 10% of the price, so on a default you forfeit the $81,000 you paid and they can still come after the other $50,000.

Price $1,310,000 Deposit $81,000 Balance $1,179,000Contract, front page, p.1
$50,000 on the tableCorrect the figure before exchange
The vendor can walk away over any question you ask, without saying why

Four words deleted from clause 8.1 and three from 8.2. Normally a vendor can only rescind where they are on reasonable grounds unable to meet a requisition, and the notice has to state those grounds. Both requirements are gone, and special condition 30(f) extends the clause to claims as well as requisitions. It is the most one-sided change in the annexure.

Clause 8.1 is amended by deleting the words 'on reasonable grounds'Special condition 30(g), p.15
Ask for 30(g) and (h) to be struck
Your deposit is handed to the vendor before you own anything

Special condition 54 has you irrevocably authorise the agent to release the deposit so the vendor can put it down on their own next purchase. There is no cap, no security, and no requirement that they are able to complete. If the sale falls over on their default, getting it back is an unsecured chase against them personally.

irrevocably authorise the vendor's agent to release to the vendors such part of the deposit moneys as the vendors shall requireSpecial condition 54, p.19
$81,000 on the tableRefuse, or cap it and tie it to their capacity to complete
Your right to claim compensation was cut by four fifths

Special condition 30(e) moves the clause 7.1.1 threshold from 5% to 1%. At this price the vendor can rescind once your claims pass $13,100 instead of $65,500. Clause 6.1 is narrowed in the same breath and 6.2 is deleted, so you also have to prove you relied on whatever was misdescribed.

Clause 7.1.1 is amended by the deletion of 5% and the inclusion of 1% in its place.Special condition 30(e), p.15
$52,400 on the tablePush the threshold back to 5%
The contract is dated two months before its own searches

It says 14 March 2014. The title search is dated 14 May and the council certificate 15 May. Completion is the 42nd day after the date of the contract, which lands on 25 April, a date already gone. On its face you are in default the moment you sign, and special condition 43 charges 10% a year on the unpaid balance while 44 and 50 add fixed fees on top.

Contract date: 14th March 2014Contract, front page, p.1
$4,852 on the tableFix the date and re-derive the completion date
Sold as is, with no survey, no building certificate, and no way to ask

Special condition 33 takes the property with every defect, patent or latent, and bars any objection or claim about its condition. 45 blocks claims on anything a survey would have shown and discloses the original will not be produced. 53 says the contract is not conditional on a building certificate and you cannot require the vendor to get one. Clause 11.1 then makes you comply with any work order issued after the contract date.

the purchaser will accept the property in its present state of repair and condition, subject to all defects whether patent or latentSpecial condition 33, p.15
Inspection and building certificate search before signing

Worth asking about

5

Not deal breakers, but questions your conveyancer should be putting in writing.

There is a drainage easement on the plan that the title does not mention

DP22959 shows a five foot drainage easement, and Sydney Water's service diagram draws it along the boundary of number 28 itself. The title's second schedule records one notification only, a Crown minerals reservation. No easement document is attached and item 10 of the list of documents is not ticked. It governs where you can build.

Drainage Easement 5 Feet WideDeposited plan DP22959, p.21
Requisition: does it burden Lot D?
Nobody has been named as your solicitor

The field reads a first name, the words mother in law, and a phone number. Under clause 20.6, service on the solicitor named in the contract is good service, and that is how a notice to complete reaches you. As written there is no one properly nominated to receive one.

Purchaser's solicitor: Stacy mother in law ph: 9984 1292Contract, front page, p.1
Name a real practitioner before exchange
Two buyers, and no ownership split chosen

Both purchasers are named, but none of joint tenants, tenants in common or unequal shares is ticked. It decides what happens to the property if one of you dies, and changing it after exchange can attract duty.

[ ] JOINT TENANTS [ ] tenants in common [ ] in unequal sharesContract, front page, p.1
Tick one before signing
The block is 929 square metres, which is the council minimum exactly

Ku-ring-gai requires 929 square metres and an 18.3 metre frontage for a new dwelling in this zone. The plan puts these lots at 36 and three quarter perches, which is 929 square metres. It builds, but there is no subdivision in it and no margin either way.

a minimum area of 929 square metresSection 149 certificate, item 6, p.24
Confirm the surveyed area
Every tree on the block is protected

A Tree Preservation Order covers the whole Ku-ring-gai area. Nothing over five metres tall, or with a canopy wider than four metres, can be pruned or removed without council consent. On a block like this one that shapes both the garden and where an extension can go.

A Tree Preservation Order applies to all land in the Ku-ring-gai Local Government Area.Section 149 certificate, item 37, p.33
Factor into any extension plan

Checked, and fine

3

Knowing what not to argue about is half of a negotiation. These are clean.

The title is clean

One notification on the second schedule, and it is the standard Crown minerals reservation that sits on most old NSW titles. No mortgage, no caveat, no unregistered dealings, and the registered proprietor matches the vendor named on the front page.

SECOND SCHEDULE (1 NOTIFICATION)Title search, folio D/22959, p.20
None of the usual planning traps are here

Not bushfire prone, not flood affected, not heritage listed, not in a conservation area. No road widening, no acquisition reservation, and nothing on council's contamination record. Complying development is available under every code.

IS THE PROPERTY BUSH FIRE PRONE LAND? No.Section 149 certificate, item 24, p.29
The tax position is in your favour

Land tax is not adjustable, so you are not picking up a share of the vendor's bill at settlement, and the sale is input taxed rather than a taxable supply, so there is no GST buried in the price. Vacant possession, with no tenancies to inherit.

Land tax is adjustable: NO GST: Taxable supply: NOContract, front page, p.1
What you do with it

A report you can't send anywhere is just homework.

Findings on their own do not move a price. TrueBuy turns them into the two letters this actually becomes, written under your name for you to edit and send yourself.

Draft one

For your conveyancer

All 11 concerns as numbered requisitions, each with its clause and page, so they are reading your case instead of building it from scratch at $400 an hour.

Draft two

For the selling agent

The strongest points only, quoted, with the amendments you want made. An agent argues with an opinion. They cannot argue with their own vendor's special condition 54.

Your contract has an annexure too.

Upload it and find out what is in yours before you are standing at an auction deciding in ten seconds.

This report is published with the property and vendor details as they appear in a contract that was exchanged in 2014. It is information, not legal advice. Confirm anything you act on with your own conveyancer.