More of what sells in South Brisbane is bought off a plan than walked through, and an off-the-plan contract is a different legal animal to a resale. You are agreeing to buy something that does not exist yet, on terms written by the developer, with a completion date that is an estimate and a right to vary the plan that is usually broader than buyers assume. Empire Legal acts for buyers and sellers across South Brisbane, West End, Highgate Hill and Woolloongabba, on a fixed fee agreed before we start.
Off-the-plan contracts and the clauses that actually bite
Three things decide whether an off-the-plan purchase goes well. The sunset date, and who can terminate when it passes. The developer’s right to vary the plan, the finishes and the lot size, and how much variation you have already agreed to accept. And the disclosure statement, which sets the baseline you can measure any later change against. We read all three before you sign and tell you where your exposure sits, including what happens if the finished apartment is smaller than the one you agreed to buy.
Body corporate, levies and building defects in a high-rise
When you buy in a South Brisbane tower you are buying into a scheme as well as a lot. We read the body corporate disclosure, the minutes and the financials, and we look for the things that cost money later: a thin sinking fund on a building approaching its first major maintenance cycle, a special levy already voted on or foreshadowed, a live defects dispute with the builder, and by-laws on pets, parking and short-stay letting. On a newer tower the defects position is worth more attention than the fixtures.
Valuation risk, finance and settling years after you signed
The gap between signing and settling on an off-the-plan apartment can be two years or more, and your finance approval will not stretch that far. If the bank’s valuation at completion comes in under the contract price you are expected to find the difference in cash. We tell you before you sign what your position is if that happens, how the finance and valuation clauses in the particular contract are drafted, and whether there is any protection in it at all. It is a much better conversation to have at the start.
See our off-the-plan contracts service, or our wider Brisbane conveyancing page.
South Brisbane conveyancing FAQs
How much does conveyancing cost in South Brisbane?
We quote a fixed fee before we start. Our fixed fee is $2,600 to buy and $1,600 to sell, with disbursements and government charges on top. Off-the-plan matters can differ because of the longer timeline. Call 07 3088 7675 for a figure on your purchase.
What is a sunset clause and why does it matter?
It sets the date by which the plan must be registered, and it usually gives one or both parties a right to terminate if that date passes. Who holds that right, and on what terms, is one of the first things we check.
Can the developer change the apartment I agreed to buy?
Most off-the-plan contracts allow some variation to the plan, finishes and lot size. The question is how much, and what your remedy is if the change is material. Send us the contract before you sign.
What happens if the valuation comes in low at settlement?
You are generally still bound to complete at the contract price and must cover the shortfall. We flag this risk in writing before you commit rather than after.
Do I need a solicitor or a conveyancer in Queensland?
In Queensland property transfers are handled by solicitors, not licensed conveyancers as they are in some other states. On an off-the-plan contract that difference matters, because the document needs legal advice and not just processing.
