Why Off-the-Plan Contracts Have an 18-Month Settlement Deadline
The Land Sale Act requires proposed lot sales to settle within 18 months of the contract date. Importantly, this statutory deadline cannot be extended by agreement.
Why Developers Use Put and Call Options When Partnering with Builders
A put and call option allows developers to secure a sale to a builder while giving the builder the flexibility to nominate the eventual homebuyer as the transferee, without the builder needing to settle on the land first.
Historical Use Does Not Mean Lawful Use in Commercial Property
One of the most important concepts for commercial property buyers to understand is that an existing use and a lawful use are not necessarily the same thing.
SUBDIVISIONS, EASEMENTS & COVENANTS: AN OVERVIEW
A subdivision is formally created only when a new survey plan is registered with Titles Queensland. Until this occurs, the “new” lots do not legally exist.
Critical Clauses in Off the Plan Contracts
Five critical clauses property developers should include in off the plan contracts to protect their development and off the plan contracts.
WARNING: The Seller Disclosure Doesn’t Tell You Everything You Need to Know
The new Form 2 Seller Disclosure regime in Queensland has raised expectations of transparency, but commercial buyers should not assume it tells the full story. Key risks like structural issues, flooding, asbestos, and prior use often fall outside what sellers are required to disclose.
Legal Strategy for Developers: Managing Sunset Clauses in Queensland OTP Projects
Sunset clauses set the final deadline for completion and title registration in off-the-plan contracts. While they provide certainty, misuse can create significant legal and reputational risk in a rising and tightly regulated market.
Why Transfer (Duty) Timing Matters
Transfer duty becomes a practical issue where there is a disconnect between current ownership and intended ownership. This commonly arises where land is owned personally but development and sale are intended to occur through a trust or company, often for asset protection or tax planning reasons.
Disclosure Requirements for Off the Plan Contracts in Queensland
Property developers selling lots off the plan must ensure disclosures are accurate to meet legal requirements and maintain contract enforceability
3 Key Steps to Assignment of Lease in Queensland
But obtaining consent to an assignment of lease is not always straightforward. This can become a hurdle filled with delays, uncertainty, or unexpected conditions.