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Three in four Victorian contracts arrive with the finance clause blank

Written by Lindel Enticott | Sep 10, 2026, 2:04:45 AM
From 1,358 Victorian contracts of sale

Three in four Victorian contracts arrive with the finance clause blank

That little empty box could be one of the most important things you check before you sign.

General condition — Loan
Lender
Loan amount
Approval date
75%
of contracts left this section blank
1,014 of 1,358

You find the property.

You make the offer.

The agent sends you the contract.

It's about 90 pages long, most of it written in legal language, and somewhere in there is a small section asking about your finance.

It's blank.

You probably don't think much of it.

But you should.

We reviewed 1,358 Victorian contracts of sale and found the finance section was blank in 1,014 of them 75%.

That's three out of every four contracts.

Here's the part that catches buyers out:

A blank finance clause doesn't mean the contract is automatically subject to your loan being approved.

If the contract isn't subject to finance and your lender later says no, you may still be legally committed to complete the purchase.

That's a very different position from the one many buyers think they're in.

"But surely I can get out if the bank says no?"

This is one of the most common assumptions we see.

The thinking goes something like this:

"I'll apply for the loan. If the bank approves me, great. If they don't, I'll just cancel the contract."

Sometimes a contract does give you that protection.

But the protection needs to be in the contract.

It doesn't appear simply because you're borrowing money.

That's the important distinction.

What does the finance clause actually do?

The finance section of a Victorian contract is where the parties can set out the terms of the buyer's finance condition.

Depending on the contract, this can include things such as:

  • the lender
  • the amount of finance required
  • the date by which finance must be approved

When a properly drafted finance condition applies, it can give the buyer a right to end the contract if finance isn't approved by the required date, subject to the terms and notice requirements of the condition.

If the finance condition isn't included, you shouldn't assume you have that protection.

Here's the simplest way to think about it

Finance isn't a protection you automatically get because you need a loan.

It's a protection that needs to be agreed and documented before you sign.

Why are so many contracts blank?

Because the contract is prepared for the property being sold — not specifically for your circumstances as a buyer.

The vendor's solicitor prepares the contract and isn't responsible for adding conditions that protect the buyer from risks specific to the buyer.

If you need finance, that's something you need to raise and negotiate.

And that's where the problem starts.

A blank box doesn't feel like a decision.

It feels like nothing.

You're looking through dozens of pages. You've got an agent waiting for your answer. You've probably already fallen in love with the house.

It's very easy to skim straight past it.

But sometimes the most important part of a contract is the thing that isn't there.

What happens if your loan falls through?

This is where the distinction becomes serious.

If you've signed an unconditional contract and then can't complete the purchase, you may be in default.

The consequences depend on the circumstances and the terms of the contract, but can include:

Your deposit may be at risk

A typical deposit is 10% of the purchase price.

On an $800,000 property, that's $80,000

Interest may start running

If settlement doesn't occur when required, interest can become payable under the contract.

You may face further financial consequences

If the vendor suffers a loss because the contract can't be completed, there can be further claims depending on what happens next and the terms of the contract.

So the question isn't really:

"Should I have a finance clause?"

It's:

"Do I understand what happens if my finance isn't approved?"

There's another clause buyers often overlook

Finance isn't the only buyer protection that can be negotiated.

Building and pest conditions can also be included in a contract.

And the same principle applies.

If the contract doesn't give you a right to terminate based on an inspection, you shouldn't assume that discovering a major problem after signing gives you one.

That matters because buyers often think of these protections as something that comes with the property.

They don't.

They are terms of the deal.

And the time to discuss them is before you sign.

The five-minute check we'd recommend

Before signing a contract, find the finance section and ask yourself five questions.

  1. 1
    Is there actually a finance condition?

    Don't assume. Look for it.

  2. 2
    What does it require?

    Check the lender, loan amount, approval date and any other requirements.

  3. 3
    Is the timeframe realistic?

    Talk to your broker or lender about how long approval is likely to take.

  4. 4
    What do I have to do?

    Some finance conditions require you to make the application promptly and give notice within a particular timeframe if finance isn't approved.

    Missing a notice deadline can matter.

  5. 5
    What happens if finance is declined?

    This is the question that matters most.

    You want to understand your position before you sign — not after the bank calls.

Don't rely on cooling off as your finance strategy

Victoria does have cooling-off rights for many private residential sales.

But cooling off isn't a substitute for a finance condition.

There are exceptions to when cooling off applies, including auctions and certain purchases made around a publicly advertised auction. There is also a statutory penalty for exercising the right.

Most importantly, the cooling-off period is short.

A finance application can easily take longer.

So if you need finance to buy the property, deal with the finance condition before signing rather than assuming cooling off will save you if the loan doesn't come through.

The important thing about a blank clause

A blank finance clause isn't necessarily a mistake.

And it doesn't mean the vendor is doing anything wrong.

It means the contract, as you've been given it, doesn't necessarily contain the protection you may need.

That's a very different thing.

The vendor is selling a property.
You are deciding whether to buy it, how much to pay and what conditions you need before committing.

Those are two different interests.

Your job as the buyer is to make sure the contract reflects the deal you're actually willing to make.

What our 1,358 contracts tell us
75%

of the Victorian contracts we reviewed had the finance section blank

That doesn't mean three quarters of buyers made a mistake.

Some buyers may not need finance.

Some may negotiate a finance condition later.

Some may have other arrangements.

What the number does tell us is something simpler:

A blank finance section is normal.

And because it's normal, it's easy to overlook.

That's why we think it's worth checking every time.

Before you sign, stop for five minutes

You don't need to become a property lawyer.

You don't need to read every word of a 90-page contract.

But before you sign, you should know the answer to a few basic questions:

  • What happens if my finance isn't approved?
  • What happens if the building inspection finds something serious?
  • Are there restrictions on what I can do with the property?
  • Is there anything unusual in the special conditions?
  • And is there anything I'd want to negotiate before I commit?

Those questions can take minutes to ask.

Unravelling a contract after you've signed it can be much harder.

That's why we believe the best time to review a contract isn't after you've decided to buy.

It's before you commit.

Before you sign, know what you're signing.

Send us your contract.

A Prepared property lawyer will review it the same day, for free, and explain what matters — including whether the contract is subject to finance and what you may want to ask for if it isn't.

Because the most important part of a contract isn't always what's written in it. Sometimes it's what's missing.

How we found this

We reviewed 1,358 Victorian contracts of sale reviewed by Prepared lawyers between February and August 2026 across metropolitan Melbourne.

The contracts were assessed at the point they were initially provided for review, before any subsequent negotiation between the parties. The figures therefore describe the contract a buyer was initially presented with, rather than necessarily the final contract eventually signed.

The finance section was counted as blank where the relevant finance details and condition had not been completed.

This analysis describes what appeared in the contracts reviewed by Prepared and should not be taken as legal advice for a particular transaction.