What should you be looking out for before signing an off the plan contract?  

Recent incentives provided by the Federal Budget have generated more interest in off the plan properties. However, buyers should keep in mind certain contract conditions before signing on.   Subject Clauses   Off the plan contracts are usually subject to either or both of the following conditions being satisfied:  the registration of the proposed plan of … Read more

What do I need to disclose when I sell my property? 

What is considered too much or too little information, and how do you ensure you provide the right information? There are 5 general items that you need to disclose when you sell your property. Pre-contractual disclosure obligations  It is a seller’s obligation to disclose all relevant information that may be considered a limitation, restriction or … Read more

The Pros and Cons of Buying Off-The-Plan

Entering the property market can be challenging. Additionally, it can be overwhelming having to also consider factors such as affordability, stamp duty, and property age. Buying an off-the-plan property can be an attractive solution as they are often more affordable, come with stamp duty savings, and are brand new. What is an Off-The-Plan Property? An … Read more

What is a caveat? Do I need one? 

What is a caveat?  Under Section 89 of the Transfer of Land Act 1958, a caveat can prevent the transfer of a land title without the consent of the caveat holder. When a caveat is registered it will appear on a property’s title unless withdrawn by permission of the caveator.  When you purchase a property, you may … Read more

What is a “covenant”? How does it affect my property?

You may have heard this term ‘covenant’ or ‘restrictive covenant’ when looking into property. But what exactly is it? And why is it important for property buyers and sellers?   What is a restrictive covenant?  A restrictive covenant, or more commonly known as just a covenant, is a private agreement or contract between neighbouring landowners. … Read more

What is an Owners Corporation? 

An Owners Corporation (OC), formerly known as Body Corporate, is a legal entity which is created when subdivided land containing a shared area (common property) or facility is registered with state Land Registries. This is typically seen in larger scale subdivisions with mixed residential and commercial uses. More than one Owners Corporation can be created. … Read more

What does “subject to Building and Pest Inspection” mean?

Building and Pest Inspections identify any defects within a property and the risks that may evolve from those defects. They are useful for identifying the condition of the property, which provide insight on the desirability and value of the property being purchased.  Why should I include a “subject to a Building and Pest Inspection” clause?  … Read more

looking develop land

Looking to develop your land? Here are 4 things to look out for 

Purchasing a block of land is an exciting process to bring to life your dream home on a blank canvas. However, we have seen mistakes you can try to avoid. In addition to planning permit requirements and specific regulations, there are various other means by which property development can be restricted, including the following:   Easements   … Read more