Buy your next home.
Plan the sale of this one.

Upsizing brings two questions together: how do you secure the home you want, and how do you manage the sale of the home you already own? A subject-to-sale arrangement can be one option, where the seller agrees to it.

What is “subject to sale”?

A subject-to-sale condition makes a purchase dependent on an agreed milestone in the sale of your existing property. The wording matters: finding a buyer, signing a contract, that contract becoming unconditional and settlement are different events.

The condition needs to say what must happen, by when, and what each party can do if it does not happen. Have your solicitor prepare or review the wording before you sign.

How the two moves can fit together

1. Understand your starting position. Get an informed view of your current home’s likely sale range and speak with your broker or lender about your budget, costs and funding.
2. Prepare your current home. Agree on presentation, campaign options and timing before a suitable purchase appears.
3. Discuss the offer structure. Your agent can negotiate the commercial proposal. Your solicitor should advise on the specific conditions, deadlines and notices.
4. Manage both timelines. Track the sale, purchase, finance and inspection milestones. Settlement dates need to work for the contracts and the movement of funds.
5. Plan for a change of dates. Discuss what happens if a sale is delayed, an agreed condition is not met or you need accommodation between homes.

Why a seller might consider it

A seller will weigh the proposed price, your readiness to sell, the length of the condition and their own plans. An offer with a subject-to-sale condition may be less attractive than an otherwise similar unconditional offer. Acceptance is negotiated, not automatic.

Questions to take to your solicitor and broker

• Does the condition depend on a sale contract, an unconditional sale or completed settlement?
• What are the deadlines, notice requirements and consequences if the condition is not satisfied?
• Can the seller keep marketing or accept another offer under the agreed terms?
• Does the purchase also need a separate finance condition?
• How will the deposit, settlement funds and moving dates work?

One plan for your next chapter

Helping homeowners upsize is a focus of my work across Ipswich, Lockyer Valley and the Scenic Rim. We can start with your current property, what you need from the next one and the timing you’re working towards.

General information only, not legal or financial advice. Conditions and outcomes depend on the signed contract. Get advice from your Queensland solicitor and broker or lender before committing.

Further reading: Queensland Government: property ownership laws and Horrocks Solicitors: conveyancing special conditions.