Buying Off The Plan Property

Buying off the plan refers to purchasing a property before it is built or completed. In Queensland, there are several key factors you should consider when buying off the plan.

Here’s what you should know:

1. Research the Developer: Before committing to an off the plan purchase, it’s essential to research the reputation and track record of the developer. Look into their previous projects, quality of construction, and financial stability. This information will give you an idea of their credibility and ability to deliver on their promises.

2. Understand the Contract: Carefully review the contract of sale provided by the developer or their representative. This is something our Property Lawyers can help with. It should include details such as the property’s specifications, completion date, sunset clause (explained below), and any special conditions. Seek legal advice to ensure you understand all the terms and conditions before signing.

3. Sunset Clause: The sunset clause sets a deadline for the completion of the property. It provides protection for buyers in case of delays. Familiarise yourself with the sunset clause in the contract and understand the implications if the developer fails to meet the agreed-upon completion date.

4. Due Diligence: Conduct thorough due diligence on the property and its location. Consider factors such as the local market, growth potential, proximity to amenities, transport links, schools, and infrastructure projects. Visit the site if possible or study detailed plans, artist impressions, and specifications to get a clear idea of what you’re purchasing.

5. Financial Considerations: Determine your budget and financing options. Consider consulting a mortgage broker or financial advisor to assess your borrowing capacity, eligibility for any government grants or concessions, and the best loan structure for your situation.

6. Stamp Duty Concessions: In Queensland, off-the-plan buyers may be eligible for stamp duty concessions or exemptions, depending on the property value and whether you plan to live in the property or use it as an investment. Check with the Queensland Office of State Revenue or seek professional advice to understand the stamp duty implications.

7. Building and Pest Inspections: While the property is yet to be constructed, it’s advisable to include clauses in the contract allowing you to conduct a building and pest inspection before settlement. This ensures that any defects or issues can be addressed by the developer.

8. Changes to Plans and Finishes: Understand that developers may make changes to plans and finishes during the construction process due to various reasons. The contract should specify how substantial changes will be managed and whether you have the right to terminate the contract or seek compensation if the changes are unacceptable to you.

9. Deposit and Payment Structure: The contract will outline the deposit amount and payment structure, including progress payments. Familiarise yourself with these payment terms, including when the deposit is due and how the subsequent payments will be structured throughout the construction period.

10. Professional Advice: It’s crucial to engage professionals such as a solicitor or conveyancer experienced in off-the-plan purchases to guide you through the process, review the contract, and protect your interests. Our property lawyers are experts in off-the-plan purchases.

It’s essential to seek professional advice tailored to your situation before making any decisions regarding an off the plan purchase in Queensland. Our Property Law Team is dedicated to providing you with clear and detailed advice before you sign any documents. If you are planning on buying off the plan, we suggest you contact our lawyers to obtain advice before you sign your life away!

Our team can be contacted on 07 3808 7777 or business@mclaughlinlawyers.com.au.