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ARTICLE · 14 OCTOBER 2022

Market Intelligence Thought Leadership Award Winner

Drafting contracts – Avoid uncertainty

To avoid risks, buyers could include an appropriately worded due diligence condition in the conveyancing contract.

AustraliaReal Estate and Construction

It is effectively an industry practice in Queensland that real estate agents prepare a contract when a property is sold, either by way of private treaty, or auction.

Although auction contracts are a different beast given the bare bones approach and lack of drafting that is usually required (given that they are essentially unconditional from the fall of the hammer), contracts formed by negotiation can, and have, posed a problem for buyers and sellers (including their legal representatives).

As a result of time constraints, a contract can be entered into without due consideration given to the necessary drafting that should be included in the contract.

The standard form REIQ Contracts have, for a number of years, been an industry standard for most land sales in Queensland. However, the form of the Contract has changed significantly over those years and, in particular, the past few years given the significant legislative changes that have occurred in relation

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