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ARTICLE · 15 JULY 2022

Off the plan contracts – rescission and remedies

Purchasing an off the plan property carries many risks.

AustraliaReal Estate and Construction
Jane Lee (Formerly With Bartier Perry)
Jane Lee (Formerly With Bartier Perry)
Oxana Churilina (Formerly With Bartier Perry)
Oxana Churilina (Formerly With Bartier Perry)
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Purchasing an off the plan property carries many risks, including that the finished product may not match what was promised.

Pity the poor buyer, whose initial excitement has now turned to deep disappointment.

The question is, what legal redress does the buyer have in such circumstances?

Before we get to that, let's discuss the first rule of buying any property.

First, sign a robust contract

Off the plan contracts allow the vendor a lot of flexibility. Even after the contract is signed, and before building is completed, the vendor may amend lot numbers in the draft strata plan or reduce the area of the property by up to five per cent.

Such variations are usually defined as 'minor' and there's little the buyer can do about them.

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