Buying Off-The-Plan Properties

Assess the developer's track record and reliability

One significant risk involves the developer entering administration during the construction phase. While you should be entitled to a refund of your initial deposit if the funds were correctly paid into a trust account, the delay could mean missing out on other property opportunities, not to mention the potential for prices to increase during the interim.

Researching the developer's track record, including contacting past customers and inspecting previous projects, can provide significant assurance of the integrity of the investment.

Examine the architect's plans and specifications

When you're looking at the architect's plans and the list of specifications, make sure that what you are buying aligns with your expectations. It's important to scrutinise the proposed Plan of Subdivision to identify your lot, its location, aspect, and size. You should be aware that display homes and artistic renderings may not always accurately represent the final product. Ensuring that you are satisfied with the detailed specifications and plans is essential to avoid disappointment upon completion.

Thoroughly review the contracts

Contracts for buying off-the-plan properties are laden with details that require careful scrutiny. Two critical components are the sunset clauses and special conditions.

Sunset clauses set a deadline for the project's completion, offering a way out if the development is delayed beyond a reasonable timeframe. However, developers might exploit these clauses to their advantage, necessitating a legal review to protect your interests.

Special conditions, often unique to each development, can also significantly impact the buyer's rights and obligations, underlining the importance of a comprehensive contract review by a property lawyer.

Check lot entitlements and liability

These terms dictate your share of common property costs and voting rights within the owners corporation. An equitable distribution ensures fair treatment for all property owners within the development. Discrepancies or unfair apportionment can lead to disputes and financial imbalances, making it essential for buyers to review these aspects thoroughly.

A detailed examination of the Plan of Subdivision, with the assistance of a property lawyer, can safeguard against future complications.

Understand stamp duty entitlements

In Victoria, you can get stamp duty concessions when you buy off the plan. These benefits are designed to encourage new developments and make homeownership more accessible. However, buyers should verify any representations made by the developer or selling agent regarding stamp duty savings.

Documentation and legal review are essential to ensure that these benefits are correctly applied and that you fully understand your entitlements. Misunderstandings about stamp duty concessions can impact the overall affordability and desirability of the purchase.

Given the potential risks and the high stakes involved in buying off the plan, getting professional legal advice is the best course of action. A qualified property lawyer can provide a thorough review of your purchase documents, identifying any red flags or legal issues and ensuring that the contract terms serve your best interests.