Off-the-Plan Contract Review by a Property Lawyer
Apartments, townhouses and land bought before they exist
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When you buy off the plan, you sign a contract for something that has not been built yet, often years before settlement. The contract is written by the developer's lawyers, and most of the protections you have come from what you negotiate before you sign and the rules in your state.
Optimum Lawyers is a property law firm in Parramatta Square, led by principal solicitor Wisam Assi. We act on purchases, sales, settlements and transfers in every Australian state and territory.

Send us the off-the-plan contract before you sign
We offer a free initial contract assessment. It is a brief first look at whether the contract appears ready for a full paid legal review. It is not the full review, and it is not free conveyancing.
What we check
- The sunset date, and whether the developer can extend it. See sunset clauses.
- The disclosure statement, draft plan, by-laws and budget for the strata or body corporate scheme.
- What the developer can change: the size, layout, finishes, parking and storage, and what happens if it changes.
- The deposit: how much, who holds it, and whether a deposit bond is accepted. See deposit bonds.
- Defects and inspections before settlement.
State rules
- NSW: 10 business day cooling-off for off-the-plan residential contracts, a required disclosure statement, and sunset rescission only with buyer consent or a court order.
- Victoria: deposits on off-the-plan contracts are generally capped at 10%, and sunset rescission needs buyer consent or a court order.
- Queensland: disclosure requirements for community titles lots, and sunset rules for off-the-plan land contracts.
Stamp duty and finance
Some states offer off-the-plan duty concessions, and some let you defer payment. Your loan approval may expire before settlement, and the bank's valuation at settlement may be lower than the price. Plan for both. See stamp duty by state.
Buying interstate off the plan
Many off-the-plan apartments in Brisbane, Melbourne and the Gold Coast are sold to buyers in other states. We act for buyers in every state, and check the contract under the law of the state where the property is.
What clients say
“Wisam at Optimum Lawyers recently helped me through the purchase of an investment property. He knows exactly what he's doing and what to look out for”
David Muscat, Google review
Questions about buying off the plan
How long is cooling-off for off-the-plan in NSW?
10 business days for off-the-plan residential contracts.
Can a developer cancel my off-the-plan contract?
Not under the sunset clause in NSW or Victoria without your written consent or a court order. Other states differ.
What if the finished apartment is different from the plans?
It depends on the contract and state law. You may be able to rescind or claim compensation for material changes.
Can I use a deposit bond for an off-the-plan purchase?
Often yes, if the developer accepts it. Check the expiry date against the likely settlement date.
Related: Sunset clauses | Deposit bonds | Strata lawyers
From Our Clients
We are the leading interstate Queensland conveyancing property lawyers in Sydney for a reason. Ethical, Trusted, Optimum Lawyers Parramatta at your service. Still unsure? We let our reviews do the talking.
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