Off-the-Plan Contract

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Purchasing Off-the-Plan

We are able to provide advice of what is in the Contract and what it all means.

While off-the-plan can be an exciting prospect and has its benefits, it also comes with risks.

We want to be your trusted advisors
Off-the-Plan Advantages and Disadvantages

Advantages of buying off-the-plan

Off-the-plan properties can increase in value, you may experience an increase in value between the day the Contract is signed and the value of the property at settlement. However, there is no guarantee that this will occur, as markets can rise or fall.
Another major benefit is you may purchase an off-the-plan property at its current value on payment of a deposit, with balance of payment due at settlement. This will provide you the purchaser, with the opportunity to sell your existing home, or organise finance and avoid a bridging loan.

Disadvantages of buying off-the-plan

The property may decrease in value, and pre-contractual advice can make you aware of possible mechanisms being put in place to protect you in such circumstances and to avoid the possibility of needing to find further funds to settle on the property than what was anticipated.
The property you thought you purchased is not delivered or not as you expected.

It is the contract of sale that will ultimately dictate what the vendor developer is required to deliver; regardless of the glossy brochure used by the vendor.

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Purchasing Off-the-Plan
Purchasing Off-the-Plan
FAQ - Frequently Asked Questions

Where the final product is delivered is not what was promised, the law will allow in certain circumstances for purchasers to walk away from the contract, and to get back any deposit paid. This does not always happen, but can happen where the final product is a major deviation from the plans.

Some common changes that can “materially” affect a lot (property) and give you the right to rescind your Contract include:

  1. Changes to the size of your unit
  2. Changes to the lot liability / entitlement of the common property
  3. The removal of a storage cage

Not all alterations are “material”. There are degrees, but quite often there are changes that may seem subtle but nevertheless give rise to the right to rescind the Contract and have your deposit refunded in full.

Generally speaking, any rights in such contracts, that give rise to the right to rescind are followed by strict timeframes. Where such timeframe is misses, it may be that the right to rescind is no longer available or there are other consequences including effects on delay on refunding of any deposit paid. So, time is of the essence. You may have other legal rights, but these are more difficult and take longer to enforce.

Where there are any changes by the builder or developer, the owner needs to be notified of the change. This is regardless of the reasons for the change.

If you think the plan in your Contract has been amended, contact us to obtain urgent advice in relation to the changes. Any objection or notices regarding any change, generally have strict timeframes with contracts of sale and therefore delay in objecting and/or enforcing any rights is not in the interest of the party wanting to object.

 

Why use Appius Lawyers Services?

Features benefits from Appius Lawyers

01

You Work Directly with A Solicitor

One of the primary benefits of hiring Appius Lawyers is that you’ll receive personalised service.

02

Expertise and Creative Solutions

Appius Lawyers is much smaller than the mega-firm, but we offer clients expertise and creative solutions at a cost that many larger firms simply can’t match.

03

More Flexibility with Fees

One of the top benefits of working with Appius Lawyers is having more flexibility when it comes to billing structure.

04

Small Business-Friendly

The great thing about working with Appius Lawyers is that we focus and take the time to learn your industry, to understand your business and what we can do to help it move forward.

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Please note that we will contact you to gather some further information about your situation and will then confirm your appointment with the most appropriate lawyer for your matter.
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