Property Development
Whether it’s a land subdivision, a small town house project or a multi-storey use development, we will apply our extensive experience to your individual needs.
Property Law for Developers & Builders
Priala Legal act for a number of developers in assisting them with their projects. It is extremely important that the right legal advice is provided early with respect to the proposed project, including the type of “off the plan” contracts that are to be presented to the market.
Whether it’s a land subdivision, a town house project or a multi-storey use development, we will apply our extensive experience to your individual needs.
Developers, as owners of real property, are constantly required to ensure proper disclosure is made to prospective buyers, whilst maintaining a sufficient level of flexibility during the development and construction phase of their projects.
We are able to assist developers and builders with tailoring the project to suit their needs.
Click Here to see projects we have been involved with.
Our services extend to the following:
- Property development including –
- land subdivision;
- house and land development, including townhouse/duplex projects to large scale development);
- multi-storey unit development;
- mixed use development
- Site acquisitions / amalgamations
- Preparation of "Off the Plan" contracts and disclosure documentation, including community management statements and by-laws
- Registration of community title scheme
- Advice provided to your marketing agents during the sales process
- Joint Venture Arrangements
Property Law Videos on Talking Law
How do Sunset Dates work in Off the Plan Contracts!!!
We dispel some of the myths surrounding "sunset dates" in Qld for both land subdivisions and high rise off the plan contracts, and give you the hard cold facts about how it all works, including: 1) What is a sunset date? 2) How do they work? 3) What impact does a sunset date have on a buyer under an off the plan contract? 4) What are the practicalities of the sunset date as compared to the estimated completion date of a project given by the developer or their agents??? 5) What does "locked in eddy" mean?
Can a buyer in an off the plan contract onsell prior to completion???
We discuss in this episode whether a buyer can onsell in an off the plan contract and the complexities of onselling, emphasising the importance of understanding the specific contract terms and seeking pre-contract advice, the significance of a 10% deposit as a security measure, and the need for proper disclosure in off-the-plan contracts. We also address the current challenges in Queensland's property transaction system and the practical issues that often arise in on sale contracts, particularly for third-party buyers. Specifically, this episode will emphasise some important steps buyers should take in the on-sale process such as: • Seeking pre-contract advice from qualified lawyers in the off the plan space to understand the on-sale process and their rights and obligations. Is it possible at all? It depends. • Ensuring they understand the practicalities of on-sale contracts, including the importance of a 10% deposit for security, stamp duty implications, and legal costs. • Engaging a lawyer experienced to prepare the on-sale contract with the third-party buyer for compliance under the legislation, and understanding that settlement will be a paper settlement as currently there is no work around in PEXA for third party transfers. The ability to onsell depends on the specific contract with the developer, and buyers should seek pre-contract advice to understand the terms and conditions. We explain three possible scenarios for on-selling, including a process called a first right of refusal and what that process looks like, highlighting a warning to buyers concerning a claw back post completion that may apply to your contract. We also discuss the practical issues that often arise in on sale contracts that can be missed, particularly for third-party buyers, including the importance of pre-settlement inspections, the assignment of manufacturers' warranties, and the rectification of defects, which are typically the responsibility of the original buyer but may not be adequately addressed for the end buyer.
The 7 most common mistakes buyers make in off the plan contracts
Priala Legal is a boutique property law firm that specialises in off the plan projects and off the plan contracts and has done for more than 20 years. Over the course of time we have seen far too many mistakes made by buyers in entering into an off the plan contract and too many misconceptions buyers have. We are here to dispel some of those misconceptions and myths and to give you an insight into what we say are the 7 most common mistakes made by buyers. This area of law is complex, and buying into an off the plan projects requires buyers to be given the right specialised advice upfront from an experienced property lawyer. This is who we are. Please feel free to reach out to us with any queries or questions you may have. Thanks for listening and hope you enjoy this episode of Talking Law.
