Contract Variations After Signing: Your Rights in Victoria

You’ve signed the contract, paid the deposit, and started picturing your new life in that South Yarra terrace or Brunswick townhouse. Then the phone rings.

‘The seller needs an extra six weeks to settle.’
Or: ‘They want access for tradies before settlement.’
Or worse: ‘Can we just tweak a special condition quickly?’

It’s the moment a lot of buyers feel their confidence wobble. You’ve committed. You’ve arranged finance. You’ve told your landlord. Can the other side really change things after both parties have signed?

Here’s the steadying truth: in Victoria, a signed contract doesn’t become a pick-and-mix menu. Changes can happen after signing, but they generally need both parties to agree, and they should be properly documented.

What counts as a ‘variation’ after signing?

A contract variation is any change to the signed deal. In Melbourne property transactions, that usually means one of these:

Settlement date moved earlier or later
Deposit terms changed (amount, timing, where it’s held)
Special conditions added, removed, or amended
Inclusions or exclusions adjusted (appliances, curtains, garden equipment)
Access arrangements agreed (early access, pre settlement inspection timing)
Repairs or credits negotiated after building inspection findings
Extension of time requested because someone’s purchase or finance is delayed

Some changes look ‘small’ in an email thread, but still alter rights and obligations. If it affects money, timing, access, risk, or what you’re actually getting, treat it as a variation and get it done properly.

Can the seller change the contract on their own?

In most everyday situations, no. A seller (or buyer) can ask for a change. They can’t usually force one just because it suits them.

Once contracts are exchanged and signed, both sides are expected to do what they promised. If one party wants something different, it’s a request, not a command.

There are a few wrinkles that can matter, like what the contract says about notices, default, extensions, and any special conditions that already allow certain steps. That’s why it’s smart to have your conveyancer look at the exact wording before you agree to anything.

Do variations have to be in writing in Victoria?

For Victorian property transactions, you’ll want variations in writing and signed. It protects you, and it prevents the classic ‘we thought you agreed’ argument later.

A stressful phone call on a Tuesday afternoon, a friendly text from an agent, or a vague email like ‘Buyer OK to extend settlement’ is where disputes are born. Even if everyone is acting in good faith, memories get fuzzy when money and deadlines are involved.

A proper written variation should be clear enough that a stranger could read it and understand:

what’s changing
what stays the same
when the change starts
whether anything is being given in return
who agreed to it

‘Consideration’: do you need to get something in return?

You’ll hear the term consideration in contract law. In plain language, it’s the idea that a change is supported by something of value, not just a one-sided favour.

In real Victorian conveyancing, consideration can look like:

the buyer agrees to a later settlement and the seller agrees to pay a fair cost (or provide a credit)
the seller agrees to fix an issue and the buyer agrees not to delay settlement
both sides agree to change a date because it helps both parties avoid default

Not every variation needs a dramatic bargaining chip, but you should still ask: what’s in it for me, and what does it cost me? If the answer is ‘I take all the pain and they get all the benefit’, pause before signing anything.

The moment you get a variation request: what to do

When a variation request lands, try to slow the pace. Agents can be keen to ‘keep things moving’, but rushing is how buyers agree to terms that don’t match their reality.

Here’s a practical process that works well:

Get the request in writing (even if it starts as a phone call).
Read your contract terms about time, notices, default, and any relevant special conditions.
List your immediate impacts: finance approval dates, interest rate locks, lease end date, removalists, school term timing, work travel.
Work out your bargaining position: is the seller stuck, or is this genuinely mutual?
Decide your response: agree, refuse, or agree with conditions.
Have your conveyancer draft or review the variation so it’s enforceable and consistent with the contract.
Keep a clean paper trail with the signed variation stored with your contract documents.

You’re allowed to take a beat. A legitimate change can survive a proper review.

Settlement date changes: where Melbourne buyers have real leverage

Settlement extensions are the most common variation we see. They can also be the most expensive when handled casually.

If the seller wants extra time, consider what you might be carrying in the meantime:

extended rent or storage costs
extra loan approval steps, or bridging arrangements
changes to your interest rate or loan conditions
time off work already booked for moving
removalist cancellation fees
the stress of living in limbo

Sometimes a later settlement suits the buyer too, especially if you’re coordinating a sale or wrapping up a lease. If it doesn’t suit you, you can say no. If you’re open to it, you can negotiate.

Common conditions buyers negotiate for a settlement extension include:

a credit at settlement to reflect real costs
clear rules about access and inspections while waiting
confirmation of insurance responsibility and risk settings
a short, defined extension rather than an open-ended delay
stronger default wording if the new date is missed

A settlement date is not just a diary entry. It drives money movement, risk, and a long list of arrangements.

Early access before settlement: it sounds friendly, until it isn’t

Sometimes a seller asks for early access to finish moving out, or a buyer asks to bring in painters before settlement. Melbourne buyers often hear, ‘It’ll just be a quick handover of keys.’

Early access should never be casual. If something goes wrong, it can become messy fast: damage, injury, insurance gaps, disputes about what was ‘already like that’, or arguments about rent and outgoings.

If early access is on the table, you’ll want it documented with clarity around:

dates and times of access
who holds keys and how they’re controlled
insurance arrangements
responsibility for damage
whether any licence fee or rent applies
what happens if settlement is delayed or fails to complete

Done properly, it can work. Done casually, it can create a second dispute inside your first transaction.

Changes to inclusions, repairs, and credits after inspections

Another common variation point is after the building inspection or final walk-through.

Maybe you discover the dishwasher listed as an inclusion is missing. Or a storm has damaged a pergola. Or you notice the hot water system isn’t working on pre settlement inspection.

There are a few ways this is often handled:

the seller agrees to repair before settlement (with clear scope and timeframe)
the parties agree to a monetary adjustment at settlement
the buyer accepts the issue and proceeds, sometimes in return for something else

The key is to avoid vague promises like ‘Seller will fix it’. If it’s a repair, define what repair means, who chooses the contractor, what evidence is provided, and what happens if it’s not done by the deadline.

Common questions we hear about variations (and straight answers)

1) Do I have to agree to a variation?
Not usually. If the contract doesn’t already allow the change, it’s a request. You can refuse, or negotiate terms that suit you.

2) Can the agent agree to it for me?
Agents can pass messages and draft paperwork, but don’t assume a casual exchange binds you. Your written agreement matters.

3) Is an email enough?
An email can show intent, but it may not be the best way to formalise a variation. A clear written variation document signed by both parties is safer.

4) What if I say yes on the phone?
Try to avoid it. If you’ve said yes verbally, get proper advice quickly and make sure the final written variation matches what you intended.

5) Can we change settlement by ‘just a few days’ without paperwork?
It’s still a change to a key term. If anything goes wrong, ‘it was only a few days’ won’t help. Document it.

6) What if the seller refuses to proceed unless I agree?
That’s a pressure tactic you should take seriously. Your conveyancer can advise on your options and the safest response.

7) Can a variation affect my finance?
Yes. Approval expiry dates, valuation timing, income checks, and rate holds can all be affected. Speak with your broker or lender before you agree.

8) Can a variation affect stamp duty or concessions?
Sometimes timing and eligibility settings matter. If you’re relying on a concession, don’t guess. Get it checked before you sign a change.

9) What if the other side acts as if the variation is agreed, but I never signed anything?
That’s where disputes start. Put your position in writing and get advice right away.

10) If we vary the contract, can I still enforce the original terms?
Only to the extent they weren’t changed. A properly drafted variation should state what it replaces and what remains.

11) Can a variation lead to termination of the contract?
A variation itself doesn’t usually cancel the contract. Termination rights depend on the contract terms and the facts, so get advice before taking any ‘walk away’ step.

12) What if settlement is missed because of a botched variation?
Late settlement can trigger default steps under the contract, including possible costs or interest. This is one reason proper drafting matters.

Variations in building and renovation contracts: extra rules apply

Many Melbourne buyers juggle renovations alongside a purchase, or they’re already in a domestic building contract for an extension, townhouse build, or major renovation.

Building contract variations can be a trap because they often involve cost blowouts and time delays. Victorian rules can require variations to be agreed in writing with clear details about price and time impacts before work proceeds, with limited exceptions for very minor changes or urgent situations.

If you’re renovating, don’t accept ‘we’ll sort it out later’ as an answer. A tidy variation trail helps you control budget, timeframes, and disagreements about what was included.

A practical variation document checklist

Before you sign any variation, look for these basics:

The contract details: parties, property address, and the original contract date
The exact change: old clause or date and the new clause or date
Any conditions: for example, ‘subject to bank confirmation by [date]’
Money adjustments: credits, costs, reimbursements, or who pays what
Timing: when the change takes effect and any new deadlines
Signatures: by the parties (and in the format your contract requires)
Clarity on what stays the same: so nothing else is accidentally altered

If you can’t read it and explain it back in one breath, it’s probably not clear enough.

The biggest traps for Melbourne buyers and sellers

A few patterns show up again and again.

Agreeing under time pressure
You’re on the tram, your phone is buzzing, and the agent wants an answer ‘in the next hour’. That pressure can cost you far more than the inconvenience of saying, ‘Send it through, my conveyancer will review it today.’

Treating settlement changes like a favour
A settlement extension can be a reasonable request. It can also shift real costs onto you. Don’t feel awkward about asking for fair terms.

Letting access arrangements stay vague
Early access should be written down clearly. If it’s not, you can be left arguing about damage, insurance, and responsibility.

Assuming a ‘minor’ change won’t matter
Small changes sometimes set off bigger consequences, especially with finance conditions and moving arrangements.

Not involving your conveyancer early enough
A good variation is often simple. A bad variation can create confusion for months. Getting it drafted or reviewed properly is the calm way through.

When you can’t agree: what are your options?

If the other party wants a change and you don’t, your options depend on the contract terms and what’s happening in real time. In broad terms, you might:

stick to the original contract and require the other side to perform
negotiate a middle ground that protects your position
issue or respond to formal notices under the contract (your conveyancer can handle this)
seek a dispute resolution pathway if the matter escalates

Try not to threaten termination or default steps without advice. The wording and timing of notices matters in Victorian conveyancing, and a misstep can create avoidable risk.

When you’re unsure, get the contract checked before you sign anything new

If you’re facing a variation request, the smartest move is often the simplest one: get your conveyancer to review the proposed change before you agree.

At Pearson Chambers Conveyancing, we help Melbourne buyers and sellers make sense of variation requests, especially around settlement date changes, access arrangements, and post inspection negotiations. We’ll explain the practical impact, spot the hidden risks, and help you respond in a way that protects your position.

Email contact@pearsonchambers.com.au. If you’re buying, we also offer a complimentary Section 32 contract review so you can feel clear about what you’re signing and what can (and can’t) be changed later.

General information only, not legal advice. For guidance on your situation, speak with a qualified conveyancer or lawyer.