Buying off the plan in NSW: questions for each stage

An off-the-plan purchase needs a record of what you agreed to and a process for reviewing what arrives later.

Use this guide to organise conversations with your adviser. Your rights depend on your contract, the circumstances and applicable law.

Before you sign: make the important features explicit

List what influenced your decision: the layout, outlook, parking, storage, access or another feature. Ask your adviser where those matters appear in the contract documents and how changes are addressed.

Ask which costs, timing assumptions and uncertainties you should discuss with your lender or other advisers.

Read the off-the-plan document guide

While you wait: keep the information together

Keep a dated folder of the contract, correspondence, notices and revised documents. Send notices promptly to your adviser and ask whether action is required.

A change may be personally disappointing without automatically creating the legal remedy you want. Get advice on the actual notice and contract before responding.

As completion approaches: ask what has changed

Request advice on how later documents compare with what you agreed to buy. Ask who will review each item and which questions need a technical inspection or another specialist.

Do not treat a walkthrough as a substitute for the inspection scope you need. Confirm access, timing and what your inspector can assess.

Before settlement: make unresolved matters visible

Ask your adviser to explain:

• What remains outstanding.
• Which further evidence or advice is recommended.
• What the contract requires you and the seller to do.
• What options are available in your circumstances.
• Which decisions are yours to make and by when.

A checklist does not change a contractual deadline or create a right to withhold settlement.

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