What if the finished property is different from what I bought?

The contract usually allows minor variations without the buyer's consent and gives the buyer rights where the change is material. The line between minor and material is often the key issue.

When is stamp duty payable?

Off the plan stamp duty for a residential property the buyer intends to occupy can be deferred up to 15 months from exchange or until settlement if earlier. The deferral does not apply to investors. Get in touch with Shah & Co Lawyers if you would like this checked against your contract.

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Off The Plan Purchases

Q: Can the developer cancel under the sunset clause?

Only with the buyer's consent or an order of the Supreme Court. The court must be satisfied that rescission is just and equitable in all the circumstances, considering the buyer's position carefully.

Off the plan purchases, including review of the disclosure statement, sunset clauses, variations and stamp duty deferral.

Buying Property Before Construction Is Complete

Off the plan purchases involve buying something that does not yet exist, sometimes years before completion. The disclosure statement, the contract and the developer's right to vary the design carry significant consequences, and the sunset clause framework includes vendor obligations that buyers should understand upfront. We review off the plan contracts with particular attention to these moving parts.

How Off-the-Plan Contracts Differ

Unlike a standard purchase, you are contracting based on plans and specifications rather than an existing property. The contract needs to clearly define what you are entitled to receive and what the developer is permitted to change.

Plans, Specifications and Permitted Changes

Most contracts allow the developer to make minor variations without your consent, while material changes give you rights. Knowing where that line sits in your contract is important before you sign.

Issues That Matter Over a Long Settlement

Sunset Dates and Project Delays

The contract sets a sunset date by which the project must be completed. A developer can only rescind under the sunset clause with the buyer's consent or an order of the Supreme Court, which must be satisfied that rescission is just and equitable.

Deposit, Finance and Valuation Risk

Deposits are often held for extended periods, sometimes with a deposit bond or bank guarantee instead of cash. We check how your deposit is protected and advise on finance timing, including what happens if a bank valuation later comes in below the contract price.

Defects, Strata and Ongoing Costs

Before settlement, we recommend a pre settlement inspection and advise on defect rectification rights. We also review the proposed strata or community by laws and likely levies, so you understand the ongoing cost of ownership once the scheme is registered.

Settlement Requirements

Settlement follows registration of the strata plan and issue of the occupation certificate. We prepare for settlement in the weeks before completion and coordinate with your lender on final finance approval.

Our process

How a matter of this kind moves from first contact to outcome.

Contract and Disclosure Review

We review the disclosure statement, contract and proposed plan in detail.

Sunset and Variation Advice

We explain the sunset clause and permitted variation provisions before you sign.

Monitor Progress

We keep you updated on construction milestones and any notified variations.

Pre-Settlement Inspection

A final inspection checks the completed property against the contract.

Settlement

Settlement is completed once the strata plan is registered and finance is confirmed.

How Shah & Co Lawyers can assist

We track your purchase from disclosure statement through to the day the completed property is handed over.

Disclosure Statement Review

A detailed review of the disclosure statement and contract terms.

Sunset Clause Advice

Explaining your rights if the sunset date is not met.

Variation Assessment

Advice on permitted changes versus material variations.

Stamp Duty Deferral

Advice on deferring duty for owner occupied purchases.

Pre-Settlement Inspection Advice

Guidance on defects and rectification before completion.

Settlement Coordination

Settlement once the strata plan registers and finance is confirmed.

What to check in an off the plan contract

Sunset date and the vendor's obligations if it is not met.
Permitted variations and what counts as a material change.
How the deposit is held and protected.
Estimated levies and the proposed by laws.
Stamp duty deferral eligibility for owner occupiers.

Frequently asked questions

General information only. Every matter turns on its own facts.

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Need Legal Advice?

Have your off the plan contract reviewed early.

Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.

Arrange a Consultation Call (02) 8281 6613