Off-the-Plan Purchases
Off-the-plan contracts run for years and bind you to a product that does not yet exist. We review the contract by a property lawyer before you sign — sunset clauses, variation rights, deposit protection, finance and settlement risk.
Most off-the-plan contracts are returned with a written review within a few business days.
- Pre-signing contract & disclosure review
- Sunset clause and variation rights analysis
- Deposit protection (bank guarantee or trust)
- Stamp duty concession assessment
- Pre-settlement inspection coordination
- PEXA settlement on title registration
What off-the-plan contracts get wrong.
Off-the-plan is not a standard residential contract. The risk profile is materially different and the safeguards must be in the document itself.
Sunset clauses
Outside dates for plan registration and settlement. In Victoria, developer rescission is restricted — but the date, notice mechanics and refund terms still need careful review.
Variation rights
Most contracts permit changes to plans, finishes, common property and unit boundaries. A good contract limits material adverse variations and gives you a termination right.
Deposit protection
Deposits should sit in a solicitor's or agent's trust account, or be replaced with a bank guarantee. Deposits paid direct to a developer carry insolvency risk.
Finance risk
Settlement may be 12–36 months away. Lenders re-assess at settlement; valuations can fall short, lending criteria can tighten and pre-approvals expire.
Stamp duty
Off-the-plan duty concessions depend on construction stage at contract date and eligibility — assessed by the SRO at settlement.
Settlement delays
Plan registration timelines slip. Long delays interact with finance approvals, market movements and your living arrangements — all need to be planned for.
An off-the-plan matter, end to end.
Pre-signing contract review
Plain-English written review by a property lawyer — sunset clauses, variation rights, deposit, defect liability, dispute resolution.
Disclosure & plan review
Disclosure plan, owners corporation documents, proposed budgets and special rules reviewed for buyer-adverse terms.
Stamp duty modelling
Indicative duty payable based on construction stage at contract date and concession eligibility — confirmed at settlement.
Settlement monitoring
Construction progress tracked. When the developer issues notice to settle, lender re-approval and searches are activated immediately.
Pre-settlement inspection
Defect and variation issues identified before settlement, while you still have leverage. Coordinated with the developer's representative.
PEXA settlement
Electronic settlement on plan registration and title issue — funds, transfer and registration in a single coordinated step.
Contract to keys, across the build.
Upload contract
Send the contract, disclosure plan and any developer marketing material.
Written review
A property lawyer's written review of the risks and recommended amendments.
Sign and pay deposit
Once amendments are accepted, sign and lodge the deposit into protected trust.
Construction monitoring
Sunset and milestone dates tracked. We re-engage as the project nears completion.
Settlement preparation
Searches, adjustments, lender re-approval and pre-settlement inspection coordinated.
PEXA settlement
Settlement on title registration — funds clear, transfer registers, keys released.
Have it reviewed before the cooling-off clock runs down.
Sunset clauses, defect liability and finance contingencies, all covered or call 1300 444 444.
What goes wrong on off-the-plan — and how we prevent it.
Signing without amending variation rights
Most developer template contracts give wide latitude to vary plans, finishes, common property and unit areas. Without negotiated thresholds and a termination right for material adverse changes, you can end up with a meaningfully different product than you bought — with no recourse.
Treating sunset clauses as developer-friendly only
Sunset clauses cut both ways: they can be used against you, but they also protect you from indefinite construction delay. The notice periods, refund mechanics and (in Victoria) the consent/court regime under the Sale of Land Act all matter. They should be read carefully, not skimmed.
Paying a deposit direct to the developer
Deposits should be held in a solicitor's or agent's trust account, or replaced with a bank guarantee or deposit bond. Funds paid direct to a developer's operating account carry insolvency risk that title insurance does not cover.
Underestimating the gap between contract and settlement
Settlement on an off-the-plan contract can be 12–36 months after signing. Lender pre-approvals expire, market valuations can change, and your personal circumstances may shift. The right time to assess settlement risk is before signing, not at the 21-day settlement notice.
Often combined with off-the-plan.
Contract Review & Section 32
Pre-signing contract review by a property lawyer — across all contract types.
Buying Property
End-to-end residential purchase conveyancing for established homes.
Property Settlements
PEXA settlement for residential and commercial matters — adjustments and registration.
Commercial Conveyancing
For mixed-use, retail-tenanted and commercial off-the-plan acquisitions.
Background from the Information Centre.
Editorial-quality explainers on off-the-plan and owners corporation issues.
Off-the-plan purchases, answered.
Upload your off-the-plan contract.
Written review by a property lawyer — sunset clauses, variation rights, deposit protection and settlement risk addressed before you commit.
Prefer to talk first? Call 1300 444 444.
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