Just when you think you have seen everything that could go wrong in a conveyance something will always come up to surprise you.
We act for a lot of clients with off the plan purchases. The Developer wants to get pre sales before starting to build, Buyers can take time to pay the deposit and save while the property is being built. It suits a lot of people to buy off the plan.
We go through the Contract with clients checking the title, easements, checking the floor plan is correct, reviewing the inclusions list, making sure the colour selection is correct, checking the car spaces and storage spaces and a host of other matters.
Imagine our surprise when clients recently did a pre settlement inspection to find that their three bedroom unit had a shower in the ensuite but not in the main bathroom. There was a lovely bath, but no shower. The bath was an optional extra but there had never been any intention that it would be instead of a shower.
We checked the Contract which clearly listed the inclusions for shower, mixer tap, shower screen etc for the main bathroom.
After some discussions the Developer did the right thing and agreed to install a shower in the main bathroom. This avoided a lot of time, costs and worry.
When buying off the plan assume nothing and check the Contract with your Lawyer before exchange so that after settlement you can enjoy a relaxing bath…or shower.
We invite you to contact us to discuss your Off The Plan purchases.
This is general information only and should not be relied upon as legal advice.
Published 19 October 2017.