Check up on both the builder and developer

Before locking in an off-the-plan purchase, it’s worth doing some research on the developer. Look at previous projects, speak with past buyers, and check how they handled defects or build quality concerns. Pay attention to older developments, too, as some issues may only surface over time. Keep in mind that the contract you sign is often with a developer who may later appoint or replace the builder. Even if one project was delivered to a high standard, that doesn’t mean the same builder will be used again. Some contracts even allow the developer to transfer their rights to another party, which means you could be dealing with a completely different entity by the time construction begins.

Make sure the price is right

New builds can carry a premium. Instead of focusing solely on the advertised inclusions, compare the property to similar listings in the area on a price-per-square-metre basis. This helps put the value into perspective. If needed, seek independent advice to support your decision-making.

How are you going to pay the purchase price on settlement?

Once the contract is exchanged and any cooling-off period has passed, you’re locked in. If finance falls through, you’re still legally bound to complete the transaction. Many lenders won’t approve unconditional finance until the property is registered or nearing completion. Your capacity to obtain a loan may be affected by: Changes in your income or employment Tighter lending rules Valuation discrepancies Delays to settlement

Marketing materials and advertisements can be slick, but they’re not legally binding. Always rely on what’s written in the contract. If you expect specific finishes or appliances, make sure they’re listed with brand and model details. Broad terms like “European appliances” don’t offer much certainty.

Expertise

Buying Off-The-Plan

OFF-THE-PLAN CONVEYANCING SPECIALISTS ENGADINE

Call (02) 4221 9311

Request a Callback

E-mail Us

Fixed Fee Conveyancing

We provide conveyancing services in Engadine with fixed fees and no surprises. Whether you are buying or selling, you’ll know the costs upfront, with a team that focuses on making the transaction smooth from start to finish.

Dedicated Team

Led by a NSW Law Society Accredited Specialist in Property Law, our Engadine team includes licensed conveyancers, experienced solicitors, and dedicated support staff who work together to keep your matter moving forward without delays.

Extensive Experience

With a strong track record across both residential and commercial matters, we assist with everything from everyday sales and purchases to more complex dealings that involve contracts, strata, off-the-plan, and investment properties.

Here To Help

Considering an off-the-plan property in Engadine? Before you sign anything, it’s important to know exactly what the contract says and what risks may come with it. These purchases can involve conditions that are very different from standard transactions, including delayed settlements, design changes, and developer clauses.

Our conveyancing team works with buyers across Engadine to break down the fine print, raise any red flags, and help you move forward with clarity. We take the time to walk through key details, so you understand what you’re agreeing to before you commit.

Call (02) 4221 9311

Request a Callback

Conveyancing

Area of Expertise

How Can Our Engadine Off-The-Plan Conveyancing Experts Help?

Buying off-the-plan appeals to many because of the fresh build, longer settlement windows, and competitive pricing. But contracts in these transactions often favour the developer and can include terms that carry more risk than expected.

We carefully review the agreement, highlight anything that may affect your position, and discuss your options clearly. From delivery timeframes and build variations to deposit arrangements and final inclusions, our role is to protect your position before you proceed.

Off-the-plan contracts are often complex and heavily detailed. Our team is here to help you cut through the complexity and make choices with full awareness of your rights.

Check up on both the builder and developer

Before locking in an off-the-plan purchase, it’s worth doing some research on the developer. Look at previous projects, speak with past buyers, and check how they handled defects or build quality concerns. Pay attention to older developments, too, as some issues may only surface over time.

Keep in mind that the contract you sign is often with a developer who may later appoint or replace the builder. Even if one project was delivered to a high standard, that doesn’t mean the same builder will be used again. Some contracts even allow the developer to transfer their rights to another party, which means you could be dealing with a completely different entity by the time construction begins.
Make sure the price is right

New builds can carry a premium. Instead of focusing solely on the advertised inclusions, compare the property to similar listings in the area on a price-per-square-metre basis. This helps put the value into perspective. If needed, seek independent advice to support your decision-making.
How are you going to pay the purchase price on settlement?
Once the contract is exchanged and any cooling-off period has passed, you’re locked in. If finance falls through, you’re still legally bound to complete the transaction. Many lenders won’t approve unconditional finance until the property is registered or nearing completion.

Your capacity to obtain a loan may be affected by:
- Changes in your income or employment
- Tighter lending rules
- Valuation discrepancies
- Delays to settlement
What are you buying?

Marketing materials and advertisements can be slick, but they’re not legally binding. Always rely on what’s written in the contract. If you expect specific finishes or appliances, make sure they’re listed with brand and model details. Broad terms like “European appliances” don’t offer much certainty.

Variations

Most contracts allow for variations to the final design or layout. These clauses can be wide-ranging, so it’s important to know how much flexibility the developer has. Some agreements give buyers the right to cancel if changes are significant, while others may only offer that right in very limited circumstances.

Where possible, set boundaries. For example, you might agree to a maximum reduction in internal area before you can walk away. You may also want to restrict changes that are not required by law or regulation.
Warranty insurance

For many residential builds, Home Warranty Insurance is required. However, it doesn’t apply in every case—particularly for multi-storey buildings or those constructed by owner-builders. Check whether cover is in place and what it includes, especially for larger projects.
Defects

Buyers are usually required to settle even if minor defects exist. There’s often a limited window to notify the developer about issues after handover. Some contracts allow just one opportunity to list all defects, which can be problematic if additional faults appear later.

Aim for the longest possible period to report problems and avoid agreements that restrict your ability to raise new concerns after settlement.
Dispute resolution

Disagreements about fixtures, variations or delays can occur. Rather than going straight to court, it helps to have a dispute resolution clause that allows for mediation or expert determination. This offers a more practical path to resolve matters without significant cost or time delays.

Other considerations

Off-the-plan contracts often include complex provisions around GST, by-laws, service infrastructure and more. These details can affect your rights or long-term costs, even if they seem minor at first glance.

Purchasing a property is a significant step. Our off-the-plan conveyancing team in Engadine can help make sure you understand what’s involved, highlight any risks, and walk you through your options with clear advice at every stage.

At Kells, our off-the-plan conveyancing specialists in Engadine are here to guide you through the process. We can provide the legal support you need as you move toward property ownership.

OUR TEAM

Our Expert Conveyancing Lawyers

Get Expert Off-The-Plan Conveyancing Advice in Engadine

Off-the-plan purchases involve specific legal steps and risks that differ from standard transactions. Before signing anything, it helps to understand what you’re agreeing to. If you’re considering a new development in Engadine and want clarity around your contract or obligations, speak with our off-the-plan conveyancing team today.

Call (02) 4221 9311

Request a Callback