A special condition is a specific clause added to a standard Victorian property sale contract, allowing buyers or sellers to request certain actions or requirements be met before the sale is finalised. These conditions modify the standard terms and conditions of the contract to suit the individual circumstances of the property or the parties involved.
Currently in Melbourne, as of December 2025, special conditions are a common part of property transactions, particularly in the competitive Eastern Suburbs market. Buyers might include a condition subject to a building and pest inspection, or a satisfactory finance approval. Sellers may request a longer settlement period, or a clause ensuring the property is kept in a certain condition between the sale and settlement. In 2026, we’re seeing an increase in requests for clauses relating to the removal of specific chattels, or conditions around access for further inspections. It’s important to realise that all special conditions must be clearly written and legally sound to be enforceable. Fletchers’ experienced conveyancers work closely with our clients to ensure any special conditions are appropriately drafted and understood. The typical inspection period in Melbourne is currently 2-4 weeks, allowing time for these conditions to be fulfilled. Negotiating these conditions is a key part of the sales process, and can impact the final sale price.
Special conditions provide flexibility within the legal framework of a property sale, allowing for tailored agreements that address specific needs and concerns.