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How to avoid an off-the-plan claim

How to avoid an off-the-plan claim

By Legal Practitioners’ Liability Committee

Real Property 


Whether acting for vendors or purchasers in off-the-plan sales, there are risks you need to be aware of and things you can do to avoid claims. Acting for vendors Claims against practitioners acting for vendors include: transferring the wrong lot on a plan of subdivision the contract for the sale of a lot on an unregistered plan of subdivision not complying with s9AA of the Sale of Land Act 1962 (Vic) (SLA) regarding how deposit monies are to be held, giving the purchaser the right to rescind under s9AE(1) not promptly registering the plan of subdivision within the sunset period, giving the purchaser a right to rescind under s9AE(2) not advising on the need for owners corporation insurance as required by s11 ambiguous or non-existent special conditions identifying the responsibility of the parties for certain works.

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