Signing a contract outside of your solicitor's office? Be wary of last minute added clauses

In NSW, real estate agents are authorised by law to exchange contracts for the sale of residential property.  That authority is not unlimited however.

The law provides, paraphrased,  that a real estate agent may, presumably after a buyer has been found and a sale negotiated between the buyer and seller:

• complete parts only of a proposed contract (usually one that’s already been prepared by the seller’s solicitor or conveyancer) by inserting details of the buyer’s name and address, the name and address of the solicitor/conveyancer acting for the buyer, the price, and the date;
• insert in or delete from a contract description of any furnishings or chattels to included in the sale; and
• as stated, and providing they’re authorised by the seller or their solicitor/conveyancer “participate in the exchange or making of contracts”.

Despite these clear and limited provisions, it isn’t uncommon to find agents that regularly do more, sometimes much more, than this. 

It’s also not uncommon for contracts ending up in court litigating the meaning of clauses apparently quickly drafted and added very late to contracts; though well intended, ended up being difficult to understand or to make workable.

Regardless of their outcome, court cases are expensive and stressful.  If you find yourself in a situation negotiating the buying or selling of a property and clauses being drafted and added to a land sale contract by anyone other than through negotiations via the parties’ lawyers, think about what’s stated above.  You need to be aware of the risks.  If in doubt, it may be easier to just not sign, and to consult your lawyer.