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Real Estate

12 June 2026 · 6 min read

Buying property: the legal checklist

Buying property is exciting, and excitement is precisely when careful review matters most. A property transaction moves quickly and the contract is rarely as simple as it looks. Below is the checklist a good conveyancing lawyer works through on your behalf, and why each item can change what a property is really worth to you.

Review the contract before you sign

The contract of sale sets the terms — deposit, settlement period, inclusions, and any special conditions. It is far easier to negotiate an amendment before signing than to seek relief afterwards. Your lawyer looks for conditions that shift risk onto you, unusual timeframes, and anything that limits your ability to walk away if finance or inspections fall through.

Check the title and what runs with it

A title search reveals who legally owns the property and what is registered against it: mortgages, easements, covenants and caveats. An easement giving a neighbour a right of way, or a covenant restricting what you can build, can materially affect how you use the land. These do not always show up on a walkthrough.

Understand zoning, planning and the surrounds

Planning certificates disclose zoning, permitted uses, heritage listings, and whether the land is affected by flooding, bushfire or proposed road works. If you plan to renovate, extend or run a business from the property, confirm those plans are actually permissible before you commit.

Confirm the building is what it appears to be

Independent building and pest inspections, and confirmation that any additions were properly approved, protect you from inheriting someone else’s unapproved works. Unapproved structures can become your problem — and your cost — after settlement.

Line up finance and the numbers beyond the price

Beyond the purchase price, budget for transfer duty, registration fees, lenders’ requirements and adjustments for rates and levies. Make sure your finance approval is unconditional before any cooling-off period ends, so you are not left committed without funds.

This is general information only, not legal or financial advice. Property law and duties vary by jurisdiction — engage a lawyer to review your specific contract and circumstances before you exchange.

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