Queensland
Special Conditions

1. Once this Contract becomes unconditional, the Seller agrees to provide the Buyer and the Buyer’s authorised representatives access to the Property for the purposes of [select relevant items]:
a. obtaining quotations for repairs, maintenance or other works;
b. taking photographs, preparing a floor plan and producing other rental marketing material; and
c. showing the Property to prospective tenants, including by conducting open inspections, no more than twice in any week.

2. The Buyer must give the Seller at least 24 hours’ prior notice of any requested access. Access must occur at a reasonable time agreed by the parties, such agreement not to be unreasonably withheld, and must not unreasonably interfere with the Seller’s occupation or use of the Property.

3. The Buyer must not carry out any work at the Property before Settlement without the Seller’s prior written consent.

4. The Buyer must ensure that any person entering the Property under this special condition:
a. complies with the Seller’s reasonable directions;
b. does not damage the Property; and
c. leaves the Property secure after access.

5. Access is at the Buyer’s risk and the Buyer is responsible for repairing any damage caused by the Buyer or the Buyer’s representatives when accessing the Property under this special condition.

6. Access under this special condition does not give the Buyer possession of the Property before Settlement and does not affect either party’s rights or obligations under this Contract.

Appliances (less intense version)

Despite any condition to the Contrary, the Seller warrants that all electric, gas and other appliances and equipment (including AC, fans, hot water cylinder and pool equipment as applicable) will be in good working order at the date of settlement.

OR

Appliances (complete version)

Despite any condition to the Contrary, the Seller warrants that all electric, gas and other appliances and equipment (including AC, fans, hot water cylinder and pool equipment as applicable) will be in good working order at the date of settlement. In the event that any of the items are not in good working order, the Buyer shall be able to deduct a sum of money from the Purchase Price for the cost of having the items repaired or replaced (like for like) in a workmanlike manner. The sum to be deducted from the Purchase Price shall be calculated by the Buyer obtaining a quote from a reputable repairer/retailer of their choice.

a. This Contract is subject to and conditional upon the Buyer conducting satisfactory searches (in the Buyer’s absolute discretion) of the Body Corporate records within fourteen (14) days from the date of the Contract (‘the Due Date’).

b. The Buyer must give notice to the Seller that:
(i) it is satisfied with its searches and this special condition is either satisfied or waived; or
(ii) it is not satisfied with its searches and the Buyer terminates this Contract, in which case, the deposit is to be refunded in full.

c. The Seller may terminate this Contract by notice to the Buyer if notice is not given under clause (b) by 5pm on the Due Date, in which case, the deposit is to be refunded to the Buyer. This is the Seller’s only remedy for the Buyer’s failure to give notice.

d. The Seller’s right under clause (c) is subject to the Buyer’s continuing right to give written notice to the Seller of satisfaction, termination or waiver pursuant to clause (b) above.

This Contract is subject to and conditional upon the Seller providing written approval from the Body Corporate within [fourteen (14)] days from the Contract Date that the Buyer may keep [insert nature of pet] of a maximum weight of [insert weight] in the Property. Should approval not be obtained by 5:00PM on this date, or relevant extensions agreed upon, the Buyer may elect to waive the benefit of this clause or terminate the Contract and all deposit monies will be refunded to the Buyer in full.

The Seller acknowledges that this special condition is for the benefit of the Buyer and may only be waived or exercised by the Buyer.

The Buyer acknowledges that the [insert nature of item e.g. shed, carport] does not have approval from the relevant local authority or other authority. The Buyer accepts the item in its present condition and must not object to, delay Settlement, terminate this Contract or make a claim against the Seller because that approval has not been obtained.

This special condition does not limit any right arising from fraud or a representation made by the Seller that is expressly recorded in this Contract.

This special condition does not merge on Settlement.

This Contract is subject to and conditional upon the Seller, at its own expense, engaging a professional cleaner to professionally clean the property to a ‘bond clean’ standard (including oven cleanings and carpet steam clean) prior to the pre-settlement inspection (to be completed no later than 10.00am on the day of settlement) and providing a receipt confirming the works have been completed. In the event the Seller does not have these works completed and/or does not provide a receipt of the professional clean prior to the pre-settlement inspection, the Buyer may deduct the sum of <$1,500.00> from the balance purchase price by way of adjustment in the settlement figures.

(a) This Contract is subject to the Buyer conducting investigations into the permissions, consents and approvals held by the local authority or other body having jurisdiction for the construction of improvements on the land within [10 Business Days] after the Contract Date (‘Council Approvals Date’) and the results of those investigations being satisfactory to the Buyer in all respects.

(b) The Buyer must give notice to the Seller that either:

(i) The Buyer’s investigations are satisfactory and this special condition is either satisfied or waived; or

(ii) The Buyer’s investigations are not satisfactory and the Buyer terminates the Contract, in which case, the Deposit shall be returned immediately to the Buyer.

(c) The Seller may terminate this Contract by written notice to the Buyer if notice is not given under Special Condition (b) by 5:00pm on the Council Approvals Date. This is the Seller’s only remedy for the Buyer’s failure to give notice.

(d) The Seller’s rights under Special Condition (c) are subject to the Buyer’s continuing right to give written notice to the Seller of satisfaction, termination or waiver pursuant to Special Condition (b).

Note: each Council has a differing timeframe for providing the Council Approval search. If you wish to include this special condition, we recommend you contact our office to discuss.

Joint tenants – Request to Record Death

1. The Buyer acknowledges that the Property is presently registered in the name of two or more parties as joint tenants and that [insert name of deceased] is deceased.

2. This Contract is conditional upon the Seller causing a Form 4 Request to Record Death in relation to [insert name of deceased]’s interest in the Property to be registered with Titles Queensland within [insert number of days] days after the Contract Date (‘Due Date’).

3. The Seller must use its best endeavours to arrange for registration by the Due Date.

4. In the event that this special condition is not satisfied by 5:00pm on the Due Date, either party may terminate the Contract by written notice, in which case the Deposit must be refunded to the Buyer.

Tenants in common – Transmission Application

1. The Buyer acknowledges that [insert name of deceased], who is deceased, is registered as an owner of the Property as tenant in common.

2. This Contract is conditional upon the registration by Titles Queensland of a transmission application in favour of [insert name] as personal representative of the estate of [insert deceased’s name] within [insert number of days] days after the Contract Date (‘Due Date’).

3. The Seller must use its best endeavours to arrange for registration by the Due Date.

4. In the event that this special condition is not satisfied by 5:00pm on the Due Date, either party may terminate the Contract by written notice, in which case the Deposit must be refunded to the Buyer.

Executor – Transmission Application
1. The Contract is conditional upon:
(a) A grant of probate or letters of administration for the estate of [insert deceased’s name] being issued within [insert number of days] days after the Contract Date; and
(b) A transmission application in favour of the Seller as personal representative being registered by Titles Queensland within [insert number of days] days after the Contract Date.

2. The Seller must use its best endeavours to satisfy these conditions by their respective due dates.

3. If either condition is not satisfied by its due date, either party may terminate this Contract by written notice, in which case the Deposit must be refunded to the Buyer.

1. Despite any other provision of this Contract, the Buyer may satisfy the requirement to pay the Deposit by delivering to the Deposit Holder, by the time the Deposit is due, an unconditional deposit bond for $[insert amount] (‘Deposit Bond’).

2. The Deposit Bond must:
(a) be issued by an Australian authorised deposit-taking institution or another issuer approved by the Seller, such approval not to be unreasonably withheld or delayed;
(b) name the Seller as beneficiary;
(c) be in a form reasonably acceptable to the Seller;
(d) be irrevocable and unconditional; and
(e) remain valid until at least [30] days after the Settlement Date.

3. Delivery of the Deposit Bond does not constitute payment of the Deposit. The Buyer remains liable to pay the Deposit in cleared funds:
(a) at Settlement, as part of the balance Purchase Price;
(b) immediately if this Contract is terminated due to the Buyer’s default and the Seller becomes entitled to the Deposit; or
(c) at least five Business Days before the Deposit Bond expires, unless Settlement has occurred or this Contract has been terminated without the Seller becoming entitled to the Deposit.

4. If the Settlement Date is extended to a date less than 30 days before the expiry of the Deposit Bond, the Buyer must, at least five Business Days before its expiry:
(a) provide a replacement or extended Deposit Bond complying with this special condition; or
(b) pay the Deposit in cleared funds to the Deposit Holder.

5. If the Buyer fails to comply with clause 3 or 4, the Seller may call on the Deposit Bond and direct that the proceeds be paid to the Deposit Holder to be held as the Deposit under this Contract.

6. If this Contract is terminated without the Seller becoming entitled to the Deposit, the Seller must promptly consent to the cancellation or return of the Deposit Bond.

7. The Buyer must pay the issuer’s fees associated with obtaining, extending or replacing the Deposit Bond. Each party bears its own costs associated with any call on the Deposit Bond, subject to any right arising from a breach of this Contract.

8. This special condition does not increase the amount of the Deposit or affect the parties’ rights concerning the Deposit under this Contract.

a. This Contract is subject to and conditional upon the Buyer conducting satisfactory investigations, including but not limited to, searches on the Property within ten (10) business days from the date of the Contract (‘the Due Diligence Date’).

b. The Buyer must give notice to the Seller that:
(i) it is satisfied with its due diligence investigations and this special condition is either satisfied or waived; or
(ii) it is not satisfied with its due diligence investigations in the Buyer’s absolute discretion, and the Buyer terminates this Contract (in which case, the deposit is to be refunded to the Buyer). 

c. The Seller may terminate this Contract by notice to the Buyer if notice is not given under clause (b) by 5pm on the Due Diligence Date, in which case, the deposit is to be refunded to the Buyer. This is the Seller’s only remedy for the Buyer’s failure to give notice.

d. The Seller’s right under clause (c) is subject to the Buyer’s continuing right to give written notice to the Seller of satisfaction, termination or waiver pursuant to clause (b) above.

e. The Seller agrees to allow the Buyer and its representatives with access to the Property during the due diligence period for the purpose of carrying out investigations of the property.

Note: Early possession may create significant insurance, duty, tenancy and possession risks. These clauses are intended only for short-term arrangements connected with an existing sale contract. A residential tenancy agreement may be required depending on the nature and duration of the occupation.

Early possession (with rent)

The Seller agrees to provide early possession to the Buyer for the Property from [insert date / upon this Contract becoming unconditional in all respects] until Settlement. This early possession is granted on the same terms as those in Clause 8.5 of the Terms of Contract for the Sale and Purchase of Residential Real Estate with the following additions and amendments:

1. The Buyer takes early possession of the Property as a licensee and must pay a licence fee of $[xxx.xx] per week, apportioned daily and payable weekly in advance to the Seller. The first payment is to be made to the Seller before taking possession and after that weekly in advance.

2. Before taking possession, the Buyer must arrange insurance appropriate for the Buyer’s occupation of the Property and give the Seller a certificate of currency for that insurance.

3. The Buyer indemnifies the Seller against loss, damage, liability or expense arising from the Buyer’s occupation of the Property, except to the extent caused or contributed to by the Seller or a person for whom the Seller is responsible.

4. The Buyer accepts the condition of the Property as at the date possession is given, subject to the Buyer’s rights under this Contract.

5. Outgoings are to be adjusted from the date of early possession.

6. The Buyer must not, before Settlement:
a. make structural alterations to the Property;
b. part with possession of the Property; or
c. grant any tenancy, licence or other right of occupation.

7. Title to the Property and any included chattels does not pass to the Buyer until Settlement.

8. If this Contract is terminated, the Buyer must vacate the Property within [two Business Days], unless otherwise agreed, and remove all possessions within [seven] days after termination. The Seller must provide reasonable access for that purpose.

9. Early possession is granted pursuant to a licence personal to the Buyer and is revocable at any time.

10. This special condition does not require Settlement to occur if either party otherwise has a right to terminate this Contract.

Early possession (with no rent)

The Seller agrees to provide early possession to the Buyer for the Property from [insert date / upon this Contract becoming unconditional in all respects] until Settlement. This early possession is granted on the same terms as those in Clause 8.5 of the Terms of Contract for the Sale and Purchase of Residential Real Estate with the following additions and amendments:

1. Before taking possession, the Buyer must arrange insurance appropriate for the Buyer’s occupation of the Property and give the Seller a certificate of currency for that insurance.

2. The Buyer indemnifies the Seller against loss, damage, liability or expense arising from the Buyer’s occupation of the Property, except to the extent caused or contributed to by the Seller or a person for whom the Seller is responsible.

3. The Buyer accepts the condition of the Property as at the date possession is given, subject to the Buyer’s rights under this Contract.

4. Outgoings are to be adjusted from the date of early possession.

5. The Buyer must not, before Settlement:
a. make structural alterations to the Property;
b. part with possession of the Property; or
c. grant any tenancy, licence or other right of occupation.

6. Title to the Property and any included chattels does not pass to the Buyer until Settlement.

7. If this Contract is terminated, the Buyer must vacate the Property within [two Business Days], unless otherwise agreed, and remove all possessions within [seven] days after termination. The Seller must provide reasonable access for that purpose.

8. Early possession is granted pursuant to a licence personal to the Buyer and is revocable at any time.

9. This special condition does not require Settlement to occur if either party otherwise has a right to terminate this Contract.

1. This Contract is subject to the Buyer obtaining, within 30 days after the Contract Date, any approval or no-objection notification required under the Commonwealth foreign investment laws for the Buyer’s acquisition of the Property (‘FIRB Approval Date’).

2. The Buyer must promptly make the required application, pay the applicable fee, respond to reasonable requests for information and take reasonable steps to pursue the application.

3. The Seller must promptly provide information reasonably available to the Seller that is required for the application.

4. The Buyer must notify the Seller promptly after becoming aware of the outcome of the application.

5. If the required approval or no-objection notification has not been obtained by 5:00pm on the FIRB Approval Date, or any extension agreed in writing, this Contract is at an end and the Deposit must be refunded to the Buyer.

1. This Contract is a contract to which section 15 of the Gold Coast City Council Local Law 17 (Maintenance of Works in Waterway Areas) applies.

2. The following specified prescribed works are completely or partly situated on, or connected to, the Property: [insert structures e.g. jetty, pontoon, revetment wall, training wall].

3. Under Local Law 17, a person who is a responsible person for the specified prescribed work is, at that person’s cost, required to maintain and keep the specified prescribed work in:
i. a safe condition; and
ii. good working order, repair and condition, including so that the prescribed work can continue to perform its intended function.

4. There [is/is not] an outstanding notice issued by Council under Local Law 17 in relation to the specified prescribed works. [Insert contents of notice if relevant].

Note: this condition is relevant where the property is located within the Gold Coast City Council and includes a jetty, pontoon, revetment wall or training wall.

(a) This Contract is subject to and conditional upon the Buyer and/or their representative carrying out a physical inspection of the Property within [14] days after the Contract Date (‘Inspection Date’) and the result being satisfactory to the Buyer in their absolute discretion.

(b) The Buyer must give notice to the Seller that:
i. It is satisfied with the physical inspection and this special condition is either satisfied or waived; or
ii. It is not satisfied with its physical inspection in the Buyer’s absolute discretion, and the Buyer terminates this Contract, in which case the Deposit must be refunded to the Buyer.

(c) The Seller may terminate this Contract by notice to the Buyer if notice is not given under clause (b) by 5:00pm on the Inspection Date, in which case the Deposit must be refunded to the Buyer. This is the Seller’s only remedy for the Buyer’s failure to give notice.

(d) The Seller’s right under clause (c) is subject to the Buyer’s continuing right to give written notice to the Seller of satisfaction, termination or waiver pursuant to clause (b) above.

(e) The Seller authorises the Buyer and/or their representatives to enter the Property, on reasonable notice, for the purpose of conducting the physical inspection.

Note: this condition is primarily for a Buyer who has not inspected/seen the Property before signing. It is not a substitute for a building and pest inspection condition.

Notwithstanding anything to the contrary, prior to Settlement, the Seller must obtain a Pool Safety Certificate which is current at the Settlement Date. Should the Seller fail to obtain the Certificate, the Buyer may terminate this Contract and all moneys paid shall be refunded and the Contract will be at an end. The Seller acknowledges that this special condition is for the benefit of the Buyer and may only be waived or exercised by the Buyer.

1. The Seller agrees to allow the Buyer to advertise the property for rent on commercial websites, provided the Contract is unconditional and within 21 days of the Settlement Date, and will deliver and authorise the use of raw, unbranded campaign photographs for the purposes of the rental advertising.

Seller Rent Back | no Residential Tenancy Agreement (only to be used for rent back periods 28 days or less)

1. The Buyer agrees that after settlement of this matter, the Buyer shall allow the Seller to remain in possession of the property until [insert date] at the weekly rental amount of $[insert amount] and a bond of $[insert bond amount] payable in advance at the time of settlement.

2. During the period of possession, the Seller agrees to maintain the property in substantially the same condition as at the date of settlement, fair wear and tear excepted.

3. The parties agreed that no relationship of landlord and tenant shall be created by possession being given to the Seller and that possession is under licence personal to the Seller revocable at any time by [insert party].

4. The Seller agrees to insure the property to the Buyer’s satisfaction.

5. The Seller agrees to indemnify the Buyer against the damages or expenses incurred by the Buyer as a result of the Seller remaining in possession of the property.

6. The Seller may vacate the property prior to [insert date] by giving at least two (2) weeks’ notice in writing to the Buyer.

Seller Rent Back | with Residential Tenancy Agreement

1. This contract is subject to and conditional on the Buyer entering into a Residential Tenancy Agreement pursuant to the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), as landlord, with [insert name] as tenant, prior to Settlement.

2. The Residential Tenancy Agreement will include the following essential terms:
(a) Term: [insert number] months;
(b) Commencement Date: Settlement Date;
(c) Rental amount: $[xxx.xx] per week payable weekly in advance;
(d) Bond amount: $[xxxx.xx] payable by the Seller in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld);
(e) Special terms: [insert any agreed special terms, such as ability to terminate the agreement early provided a certain notice period is given]

3. Each party must promptly do all things reasonably required to prepare and sign the residential tenancy agreement and associated documents.

4. If a party fails to sign the Residential Tenancy Agreement containing the terms specified in this special condition prior to settlement, the other party may elect to terminate this Contract by written notice, in which case the Deposit must be refunded to the Buyer.

1. The parties acknowledge that this Contract is signed on behalf of the Seller under a power of attorney.

2. The Seller must, at the Seller’s expense, cause the power of attorney to be registered by Titles Queensland on or before Settlement and promptly satisfy any requisition relating to its registration.

3. The Seller must use its best endeavours to complete registration by Settlement.

4. If the power of attorney has not been registered by Settlement, either party may terminate the Contract by written notice, in which case the Deposit must be refunded to the Buyer.

Upon the Contract becoming unconditional, the Seller must within 2 Business Days issue a valid Notice to Leave under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) to the Tenant/s and provide the Buyer with evidence of service. Should the Seller fail to do so the Buyer may elect to terminate the Contract by notice in writing, in which case the Deposit must be refunded to the Buyer.

Note: this clause does not require the Seller to provide vacant possession on settlement. Also consider the Vacant Possession clause listed below if required.

1. Before Settlement, the Seller must arrange, at the Seller’s expense, for the following work to be completed by a suitably qualified and licensed contractor:
[describe work precisely and include a quote with the applicable work where relevant]

2. The work must be completed in a proper and workmanlike manner and comply with applicable laws and approvals.

3. At least two Business Days before Settlement, the Seller must give the Buyer photos of the completed works along with copies of invoices, warranties and certificates relating to the work.

4. The Buyer may inspect the completed work before Settlement on reasonable notice.

5. If the work is not completed by Settlement, the Buyer may deduct a sum of money from the Purchase Price for the cost of completing the outstanding work in a workmanlike manner. The sum to be deducted from the Purchase Price shall be calculated by taking the average of a quote obtained by the Buyer and a quote obtained by the Seller from reputable tradespeople of their choice.

Note: depending on the nature of the work to be completed, a different remedy for a Seller’s non-compliance may be more appropriate. Please contact our office to discuss.

Notwithstanding anything to the contrary, the Seller must provide the Buyer with a smoke alarm compliance certificate issued by a qualified electrician, and dated within 3 months prior to the Settlement Date, as evidence that the smoke alarms in the Property comply with the Fire and Emergency Services Act 1990 (and Regulations thereto), by the Settlement Date, failing which the Buyer may deduct 0.15% of the purchase price at Settlement.

(a) This Contract is subject to and conditional upon the Buyer being satisfied in the Buyer’s absolute discretion with the results of the soil test to be conducted, by the Buyer, on the Property, within [14] days after the Contract Date (the ‘Soil Test Date’).

(b) The Buyer must give notice to the Seller that:
i. It is satisfied with the results of the soil test and this special condition is either satisfied or waived; or
ii. It is not satisfied with the results of the soil test in the Buyer’s absolute discretion and the Buyer terminates this Contract, in which case the Deposit must be refunded to the Buyer.

(c) The Seller may terminate this Contract by notice to the Buyer if notice is not given under clause (b) by 5:00pm on the Soil Test Date, in which case the Deposit must be refunded to the Buyer. This is the Seller’s only remedy for the Buyer’s failure to give notice.

(d) The Seller’s right under clause (c) is subject to the Buyer’s continuing right to give written notice to the Seller of satisfaction, termination or waiver pursuant to clause (b) above.

(e) The Seller authorises the Buyer and/or its consultants to enter the Property, on reasonable notice, for the purpose of conducting the soil test. The Buyer must repair any damage caused by the testing.

1. This Contract is subject to and conditional upon:
(a) The Buyer entering into a Contract for the sale of the Buyer’s property at [Insert Address] (‘Buyer Sale Contract’) within [insert number of days] days after the date of this Contract;
(b) The Buyer Sale Contract going unconditional within [insert number of days] days after the date of Contract; and
(c) The Buyer Sale Contract settling within [insert number of days] days after the date of this Contract.

2. If the Buyer is unable to comply with any of the above conditions by 5:00pm on the relevant due date, then either party may terminate this Contract by written notice, in which case the Deposit must be refunded to the Buyer. The refund of any Deposit to the Buyer will be the Buyer’s only remedy.

3. This special condition has been inserted for the benefit of the Buyer and may be waived by the Buyer at any time.

4. Settlement of this contract shall be contemporaneous with the settlement of the Buyer Sale Contract.

Consider also including the Sunset Clause to benefit the Seller.

This Contract is subject to and conditional on the Buyer completing the Contract of Sale for [Insert Address] dated [Insert date of Contract] made between [Insert name of Seller] as Seller and [Insert name of Buyer] as Buyer (hereinafter referred to as the ‘Prior Contract’) prior to settlement of this Contract. In the event that the Prior Contract does not complete then the Buyer may terminate this Contract by notice to the Seller and this Contract shall be at an end and all deposit monies shall be refunded in full to the Buyer.

1. In the event that the Seller receives an offer for the sale and purchase of the Property on terms considered more favourable to the Seller in their absolute discretion prior to satisfaction or waiver of special condition [insert clause reference] (Subject to Sale) by the Buyer then the Seller may give notice to the Buyer of such offer being received (‘Seller Notice’).

2. If the Buyer does not give written notice to the Seller that the Buyer will proceed unconditionally with the purchase of the Property under this Contract (‘Buyer Notice’) within 3 Business Days of the Seller giving the Seller Notice (‘Due Date’), then the Seller may terminate this Contract by written notice, in which case the Deposit must be refunded to the Buyer. The refund of any Deposit to the Buyer will be the Buyer’s only remedy.

3. If the Buyer provides the Buyer Notice by the Due Date, Settlement of this Contract will be [insert number of days] days after the date the Buyer Notice is served, unless the parties otherwise agree in writing.

This Contract is subject to and conditional on the contract for the sale of [insert street address of property] between [insert name] as Seller and [insert name] as Buyer (“the Prior Contract”) being terminated by 5.00 pm on [insert date]. In the event the Prior Contract is not so terminated then the Seller must notify the Buyer in writing and this Contract shall be at an end and all deposit monies shall be refunded to the Buyer in full.

Despite the fact that the contract discloses a tenancy, the Seller will provide vacant possession at settlement. Should the Seller fail to provide vacant possession this contract is at an end, failing any agreement to extend settlement, and the Buyers damages shall be limited to the deposit paid herein and shall be refunded without deduction.

(a) This Contract is subject to and conditional upon the Buyer obtaining a valuation of the Property satisfactory to the Buyer in their absolute discretion within [14] days after the Contract Date (‘Due Date’).

(b) The Buyer must give notice to the Seller that:
i. It is satisfied with its valuation and this special condition is either satisfied or waived; or
ii. It is not satisfied with its valuation in the Buyer’s absolute discretion, and the Buyer terminates this Contract, in which case the Deposit must be refunded to the Buyer.

(c) The Seller may terminate this Contract by notice to the Buyer if notice is not given under clause (b) by 5:00pm on the Due Date, in which case the Deposit must be refunded to the Buyer. This is the Seller’s only remedy for the Buyer’s failure to give notice.

(d) The Seller’s right under clause (c) is subject to the Buyer’s continuing right to give written notice to the Seller of satisfaction, termination or waiver pursuant to clause (b) above.

(e) The Seller authorises the Buyer and/or its consultants to enter the Property, on reasonable notice, for the purpose of conducting the valuation.