Lawyer for sale and purchase of uncompleted flats

We provide legal services for buyers and developers in the sale and purchase of off-the-plan properties.

We understand the legal aspects of off-the-plan sales as well as their practical commercial applications.

For buyers, we provide pre-contract advice, help you with a full summary of the contract and all its implications, and help you understand the legal risks.

While pre-sales can be a great buying model, there are risks.

Frequently Asked Questions

The advantages of buying a pre-sale include:

Stamp Duty Savings – Depending on the stage of development you purchase, there may be substantial stamp duty savings.

Pre-Sale Properties May Appreciate – Many buyers may see their property increase in value after they sign off-the-plan contracts.

Unfortunately, there are also potential disadvantages:

The real estate may depreciate in value – you can consult our lawyers to draft a contract to avoid the impact of depreciation on you and protect your interests. Otherwise, you may need to raise more capital at closing and pay a price that is not in line with the current market.

Your off-the-plan property has not delivered – when this happens, an estate lawyer can help you.

Your off-the-plan sales contract will stipulate what the supplier developer needs to provide for you.

We often come into contact with buyers who feel that the settlement of the home is very different from the previous commitment. Under certain circumstances, if the developer deviates significantly from the original contract, the law allows the buyer to rescind the contract and have the developer refund the deposit in full. This situation is actually not uncommon.

Here are a few common changes that could "significantly" affect your property rights and give you the right to terminate the contract:

  1. Changes in property size.
  2. Changes in responsibilities or rights associated with common areas.
  3. Cancel storage.

Not all changes are "significant." There are some differences, but in many cases, changes that may not seem obvious on the surface can still provide you with the right to terminate the contract and get a full refund of your deposit.

We have also noticed that some developers will notify purchasers of zoning plan changes directly rather than through their attorneys. It's not the most reasonable thing to do.

When you (if you're going on your own) or your legal counsel are notified of the planned changes, you have 14 days to decide whether to terminate the contract if those changes are "significant" - so time is of the essence. If you miss this deadline, you may lose this right. Of course, there may be other legal ways for you to withdraw from the contract, but these may be more complicated and time-consuming to implement.

The Vital Key to Hiring an Experienced Contract Lawyer


It is the legal practitioner's duty to carefully examine each zoning plan offered (whether or not the seller's attorney has notified or confirmed the change) and to advise the client appropriately.

Cai Qingwei Law Firm has more than 20 years of experience in this field. If you believe that the plans in your contract have been amended, please contact us for urgent advice specific to your situation. Remember, you only have 14 days from the date the notice is provided.

If you believe your transfer agent or attorney has missed critical deadlines and not properly informed of your rights, you will have recourse if there was a professional error.

Of course, there are other ways for buyers to cancel the off-the-plan contract. We regularly advise clients on contractual entitlements. We also serve other practitioners and real estate agents advising on changes to zoning plans.

Call us on 03 9602 1322 to discuss your off-the-plan contract questions, or fill outInquiry Form, we will get back to you as soon as possible.

Customer Reviews

“I've had a very positive experience with Chua Tan Associates, they've been absolutely professional and prompt in dealing with my case. I'd like to thank Mr Kin Chua, Mr Justin Chua and Chua Tan associates for their assistance in ensuring the best outcome and providing consistent updates.”
Howard Diep (Google Review)
“Our family has been dealing with the team for 10 years, regarding immigration, business, and property. Very professional experience, and response our request in timely matter.”
Thomas Tang (Google Review)

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