An off-plan buyer pays for a promise: a particular property must be built to an agreed specification, within an agreed period and at an agreed price. The preliminary agreement converts that promise into verifiable and enforceable obligations.
1. Who owns the land and who may build?
Verify title, construction rights, encumbrances, powers of representation and the relationship between landowner, developer and builder.
2. What exactly is being purchased?
Identify the unit, floor, area, boundaries, ideal parts, parking and storage, approved plans and the treatment of permissible design changes.
3. What is the construction status?
Review the planning documents, building permit, designs, supervision and the conditions for lawful commencement and completion.
4. How and when is the price paid?
Tie instalments to objective construction milestones, documentary evidence and clearly defined conditions. Avoid vague milestones controlled solely by the seller.
5. Can the price change?
Any indexation or adjustment mechanism should have an objective trigger, transparent formula, cap and buyer remedy.
6. What are the completion deadlines?
Separate deadlines for structural completion, acceptance, commissioning, handover and the final notarial transfer. Define the effect of authority or utility delays.
7. What happens if the seller is late or does not perform?
Provide notice periods, liquidated damages, termination rights, repayment, interest and security proportionate to the buyer’s exposure.
8. How is quality controlled?
Attach the technical specification, define permissible substitutions, inspection rights, defect records, correction periods and warranty responsibility.
9. How is the final area determined?
State the measurement standard, acceptable deviation and the price or termination consequence of a material difference.
10. When is ownership transferred?
Define the conditions for the final deed, release of encumbrances, required documents, allocation of taxes and fees, possession and registration.
This material is general information and does not constitute legal, tax or financial advice. Applicable law and practice must be checked against the facts of the particular case.