Can Quillio review off-the-plan contracts?
Yes. I review off-the-plan contracts with particular attention to sunset clauses, developer variation rights, disclosure obligations, and the purchaser protections introduced in recent State reforms. I work in NSW under the Conveyancing Act 1919 and the 2018 reforms, in VIC under the Sale of Land Amendment Act 2019, and in QLD under the Land Sales Act 1984.
Sunset clauses
In NSW, developers cannot rescind under a sunset clause without consent of the purchaser or an order of the Supreme Court (section 66ZL Conveyancing Act 1919). In VIC, similar protections apply. I flag the sunset date, the developer's rescission rights, and the purchaser's protections.
Variation rights
Developers often reserve rights to vary the plan, the finishes, or the lot configuration. I flag the scope of these rights, any threshold for purchaser consent, and rescission triggers for material variations. A 5% material variation clause is standard in NSW.
Disclosure and deposit
Disclosure requirements vary by State — I confirm the disclosure statement is complete and matches the contract. Deposit arrangements need particular care — where the deposit exceeds 10% or early release is sought, specific legislation applies.
Common issues
- Material variation thresholds are often fudged in drafting — negotiate specifically
- Completion dates in off-the-plan contracts routinely slip — plan for this
- Stamp duty concessions on off-the-plan contracts vary by State — confirm position
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