Check up on both the builder and developer

Before signing an off-the-plan agreement in Kiama, take time to research who is responsible for the project. Review the developer’s history, inspect the quality of their previous builds, and if possible, speak with past buyers about their experience. Pay close attention to whether past projects experienced delays, defects, or issues with finishes. Older projects can also reveal whether structural or maintenance problems surfaced after settlement. Keep in mind that the developer named in your contract may not be the one to complete the work. Developers often retain the right to replace the builder or transfer the project to another company. A strong past project doesn’t always guarantee the same outcome if the team or contractors change.

Make sure the price is right

Off-the-plan properties are sometimes listed above comparable market value. Rather than relying on brochures or sales pitches, compare recent sales of similar homes in Kiama. Look at the cost per square metre, inclusions, and the area’s growth potential. If the price doesn’t seem aligned with the market, consider an independent valuation to gain a clearer benchmark.

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

Once the cooling-off period ends, the contract is binding. If you cannot secure finance, you may still be required to complete the purchase. Many banks won’t offer unconditional finance until the property is close to completion or the title has been registered. Factors such as job changes, updated lending policies, delays in construction, or lower-than-expected valuations can all impact your ability to obtain a loan.

Marketing material may feature luxury appliances or high-end finishes, but unless those details are specifically written into the contract, they carry no legal effect. If you expect certain inclusions, make sure they are listed with exact descriptions, such as brand and model. Terms like “quality fittings” or “premium finishes” are too vague to protect you if they are not detailed in the contract.

Most off-the-plan contracts allow the developer to make adjustments before settlement. These might involve layout changes, material substitutions, or alterations required by council. Some contracts set limits on these changes, while others do not. It is worth negotiating terms that allow you to withdraw if significant variations occur. For example, a lot size reduction of more than five per cent or material changes that affect the value of the property could provide a fair basis for exiting the agreement.

Most residential projects in Kiama that exceed a set value require Home Warranty Insurance, but there are exceptions. Developments taller than three storeys or those built by owner-builders may not fall under this requirement. Always review the policy carefully to check what protection is included and whether it applies to your project, particularly with larger builds.

Some agreements allow settlement to go ahead even when defects exist. In many cases, you may only have a limited timeframe to identify and report issues after moving in. Since certain faults don’t appear immediately, it’s important to secure a defect liability period that gives you enough time to uncover potential problems. Be cautious of contracts that restrict inspections or limit your rights to claim repairs.

It’s common for disagreements to arise over substitutions, alterations, or unexpected changes. A well-defined dispute resolution process, such as mediation or independent assessment, can provide a faster and less costly way to resolve matters without heading directly to court.

Adjustments for rates and water are standard, but some contracts attempt to pass on additional charges such as Land Tax. These provisions should be reviewed closely so you are not left with expenses that usually sit outside a purchaser’s responsibility.

Expertise

Buying Off-The-Plan

OFF-THE-PLAN CONVEYANCING SPECIALISTS KIAMA

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Fixed Fee Conveyancing

Kells offers fixed-fee conveyancing, giving you certainty from the start. Whether buying or selling in Kiama, our property team manages the process with accuracy and works to prevent unnecessary delays.

Dedicated Team

Your matter will be handled by a NSW Law Society Accredited Specialist in Property Law, supported by licensed conveyancers and solicitors. We collaborate to move your transaction forward and keep you updated throughout.

Extensive Experience

From first-home buyers in Kiama to commercial sales, investment properties, and off-the-plan purchases, we manage a wide range of matters. Whatever the scale, our experience helps protect your interests and keep settlement on track.

Here To Help

Thinking about buying an off-the-plan property in Kiama? These contracts are very different from standard property sales. Developers may include clauses that allow for construction delays, design changes, or extensions of settlement deadlines, and it’s important to understand how these could affect you before committing.

At Kells, our conveyancing team assists Kiama buyers by reviewing contracts in detail, identifying potential risks, and breaking down key obligations in straightforward language. We focus on giving you a clear picture of what’s ahead, helping you approach the purchase with confidence and avoid costly surprises later.

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Conveyancing

Area of Expertise

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

Off-the-plan purchases in Kiama often come with appealing entry prices and extended settlement periods, but the agreements are usually lengthy and written to benefit the developer. Without careful review, buyers can face unexpected hurdles later.

Our conveyancing team examines every part of the contract, including settlement dates, clauses dealing with design changes, inclusions lists, and deposit requirements. If we spot conditions that could create difficulties or limit your rights, we highlight them and explain their impact in practical terms.

The goal is to give you a clear understanding of the agreement before you commit. Whether you are buying an apartment, townhouse, or house-and-land package in Kiama, we work to safeguard your position and provide advice that supports confident decision-making.

Check up on both the builder and developer

Before signing an off-the-plan agreement in Kiama, take time to research who is responsible for the project. Review the developer’s history, inspect the quality of their previous builds, and if possible, speak with past buyers about their experience. Pay close attention to whether past projects experienced delays, defects, or issues with finishes. Older projects can also reveal whether structural or maintenance problems surfaced after settlement.

Keep in mind that the developer named in your contract may not be the one to complete the work. Developers often retain the right to replace the builder or transfer the project to another company. A strong past project doesn’t always guarantee the same outcome if the team or contractors change.
Make sure the price is right

Off-the-plan properties are sometimes listed above comparable market value. Rather than relying on brochures or sales pitches, compare recent sales of similar homes in Kiama. Look at the cost per square metre, inclusions, and the area’s growth potential. If the price doesn’t seem aligned with the market, consider an independent valuation to gain a clearer benchmark.
How are you going to pay the purchase price on settlement?

Once the cooling-off period ends, the contract is binding. If you cannot secure finance, you may still be required to complete the purchase. Many banks won’t offer unconditional finance until the property is close to completion or the title has been registered. Factors such as job changes, updated lending policies, delays in construction, or lower-than-expected valuations can all impact your ability to obtain a loan.
What are you buying?

Marketing material may feature luxury appliances or high-end finishes, but unless those details are specifically written into the contract, they carry no legal effect. If you expect certain inclusions, make sure they are listed with exact descriptions, such as brand and model. Terms like “quality fittings” or “premium finishes” are too vague to protect you if they are not detailed in the contract.

Variations

Most off-the-plan contracts allow the developer to make adjustments before settlement. These might involve layout changes, material substitutions, or alterations required by council. Some contracts set limits on these changes, while others do not.

It is worth negotiating terms that allow you to withdraw if significant variations occur. For example, a lot size reduction of more than five per cent or material changes that affect the value of the property could provide a fair basis for exiting the agreement.
Warranty insurance

Most residential projects in Kiama that exceed a set value require Home Warranty Insurance, but there are exceptions. Developments taller than three storeys or those built by owner-builders may not fall under this requirement. Always review the policy carefully to check what protection is included and whether it applies to your project, particularly with larger builds.
Defects

Some agreements allow settlement to go ahead even when defects exist. In many cases, you may only have a limited timeframe to identify and report issues after moving in. Since certain faults don’t appear immediately, it’s important to secure a defect liability period that gives you enough time to uncover potential problems. Be cautious of contracts that restrict inspections or limit your rights to claim repairs.
Dispute resolution

It’s common for disagreements to arise over substitutions, alterations, or unexpected changes. A well-defined dispute resolution process, such as mediation or independent assessment, can provide a faster and less costly way to resolve matters without heading directly to court.

Other considerations

Clauses relating to GST, strata by-laws, service easements, and developer conditions all have the potential to affect how you use the property and the costs you’ll face over time. Even small details can carry weight in off-the-plan transactions.

Buying before construction is complete carries risk. Our conveyancing team in Kiama examines contracts in detail, highlights issues that may impact your purchase, and helps you make informed choices before committing. If you’re considering an off-the-plan property, we are ready to support you at every stage of the process.

OUR TEAM

Our Expert Conveyancing Lawyers

Get Professional Off-The-Plan Conveyancing Advice in Kiama

Thinking about buying an off-the-plan property in Kiama? Our conveyancing team can review the agreement, point out potential risks, and give you clear legal advice so you can make your decision with certainty.

Call (02) 4232 7201

Request a Callback