Property Condition - NSW

At Settlement, what property issues must I accept?

The standard contract provides that you accept the property:

• in its present state and condition as at the contract date,
• with any fair wear and tear between the Contract and settlement.

You will be unable to make any objection or claim for compensation regarding the condition of the property, unless this substantially changes (beyond fair wear & tear) between the Contract and settlement.

Before exchange, we strongly recommend you carry out your own inspections of the property to ensure you are comfortable with the physical condition of the property.

What are the Vendor’s warranties in a property sale in New South Wales?

Under the conveyancing regulations, unless disclosed in the contract, the Vendor warrants that as at the contract date:

• the land is not subject to any adverse affectation,
• the land does not contain part of a sewer belonging to a recognised sewerage authority,
• the planning certificate attached to the contract specifies the current status of the land as required in Schedule 2 of the Environmental Planning and Assessment Regulation 2021, either:
  • no building or structure matter on the land would justify the issue of an upgrading or demolition order; or
  • a building certificate has been issued in relation to any building or structure on the land which justify the issue of an upgrading or demolition order
• no charge is payable in relation to any positive covenant affecting or benefitting the land, and the land is not subject to an annual charge for coastal protection services.