The excitement of buying a property can sometimes cloud the fine print. You’ve found the perfect place. You’ve crunched the numbers. And suddenly you’re in a rush to sign before someone else beats you to it.
But before you sign anything, there are a few legal details that deserve a closer look.
If anything feels unclear, it’s worth taking the time to speak to a Cleveland-based lawyer for clarity. It’s a small step that can save you from expensive surprises later on.
1. What’s Actually Included in the Sale
You might assume the curtains, dishwasher, or garden shed are staying. But unless they’re written into the contract, they could be gone by settlement.
A solid contract should list all inclusions, down to fixtures, fittings, and any agreed-upon repairs.
It’s one of those things buyers often notice too late. The house looks slightly emptier at handover than expected, and there’s nothing in writing to back your complaint.
If you’re moving from another area, we’ve covered more legal risks in this guide to avoiding legal mistakes during relocation.
2. Council Rules and Zoning Restrictions
That dream of adding a granny flat or opening a home studio? It might not be possible. Each council has its own rules around:
- Extensions
- Fencing
- Business use
- Tree removal
A property might look perfect on the outside, but zoning restrictions can limit what you can actually do with it.
It’s best to check before you start planning renovations, not after you’ve moved in.
3. The Cooling-Off Period Isn’t Always the Same
In Queensland, most residential property purchases come with a 5-day cooling-off period. But:
- It can be waived (intentionally or unintentionally)
- Different rules apply to auctions
- If you back out, a penalty might apply
Don’t rely on what happened in your mate’s property deal last year. Each sale can have its own legal quirks. Read the terms and understand them before you commit.
4. Existing Issues That Aren’t Obvious
A property may pass inspection but still have legal red flags, like:
- Unapproved extensions
- Outstanding rates of land tax
- Disputes with neighbours
These things don’t always show up in a walkthrough. A lawyer can help run searches or flag risks early.
If the property is tied to someone’s estate or a deceased estate sale, it’s also wise to check how ownership is being transferred. We explained this in our estate planning article, especially if family members are involved in the process.
5. What’s in the Fine Print of Your Mortgage
Banks will hand you dozens of pages with lots of fine print. Most people skim and sign. But there’s a lot buried in there, interest variations, redraw rules, and penalty clauses.
If the loan is secured against more than one asset, or you’re going in with someone else, the risks are even higher.
Even just a quick review with someone who knows what to look for can make a huge difference to your financial safety.
Conclusion
There’s a lot to think about when buying a home: price, location, condition, and timing. But legal checks often take a back seat until something goes wrong.
From missing contract details to zoning restrictions and loan conditions, small gaps in knowledge can cost big money later.
Frequently Asked Questions
Can I make changes to the property contract after signing?
Only if both parties agree in writing. Once signed, the terms are binding unless amended.
Is it worth doing a building and pest inspection?
Yes. But don’t stop there, also check for unapproved structures and council notices.
What if I back out during the cooling-off period?
You can, but you might lose a small percentage of the deposit as a penalty.