Unconditional

When a sale and purchase agreement goes unconditional, it means all conditions — such as finance, building inspection, LIM review, or due diligence — have been confirmed or waived. At this point, neither the buyer nor the seller can walk away from the deal without facing serious legal consequences.

Going unconditional is often marked by the buyer's lawyer confirming in writing to the seller's lawyer that all conditions are satisfied. From this point, both parties must proceed to settlement on the agreed date.

Some buyers choose to make unconditional offers from the outset (with no conditions at all) to make their offer more attractive in a competitive market. This is risky — it means you have no contractual right to withdraw if problems are discovered after signing.

Going unconditional is the point of no return. Before confirming your conditions are satisfied, make sure you are genuinely satisfied with the property, your finance is approved, and your lawyer has reviewed everything.

If you go unconditional and then try to withdraw, the seller can cancel the agreement, keep your deposit (typically 10% of the purchase price), and sue you for any further losses — such as having to sell the property at a lower price to another buyer.

Your lawyer will manage the process of confirming conditions. They will advise you when each condition needs to be confirmed or waived by, and will not go unconditional without your explicit instruction. Keep in close contact with your lawyer as condition dates approach.