Off-the-Plan Contracts, Sales & Settlements Lawyers for Developers
End‑to‑end off‑the‑plan sales, leasing & settlements for developers across Australia.
- Compliant disclosure statements to reduce the risk of a buyer terminating the contract
- Flexible terms & sunset date clauses that protect your development rights
- Streamlined bulk conveyancing to facilitate rapid settlements & unlock deposit funds
- Practical negotiation of every commercial lease & agreement for your project
Our Off-the-Plan Sales & Leasing Services
We provide end-to-end legal support for property developers to manage risk, protect margins & streamline the entire off-the-plan transaction lifecycle, including:
01. Off-the-Plan Contracts & Disclosure Statements
We prepare highly customised off-the-plan contracts & disclosure documentation to protect your development rights & mitigate the risk of a buyer attempting to terminate the contract, covering:
- Drafting the master contract for sale tailored to residential, commercial or industrial projects.
- Preparing mandatory disclosure plans & statements to comply with strict state legislation.
- Structuring flexible terms for plan variations, schedule of finishes & construction timelines.
02. Contract Administration & Settlements
We manage the entire conveyancing process from initial deposit through to final completion to facilitate rapid project funding, including:
- Administering the exchange of off-the-plan contracts & ensuring trust account compliance for purchaser deposits.
- Monitoring construction milestones & preparing for the lodgement of the proposed plan of subdivision.
- Executing high-volume bulk settlements efficiently once titles are issued so your transaction settles smoothly.
03. Agreements For Lease & Commercial Leases
We draft & negotiate robust commercial agreements to secure retail & commercial tenants for your mixed-use or commercial property development, such as:
- Drafting agreements for lease that align with your construction schedule & handover requirements.
- Negotiating final commercial leases, rent reviews & outgoings to maximise the value of the property.
- Advising on tenant fit-out obligations, make-good clauses & security requirements.
04. Sunset Clauses & Purchaser Rescission Rights
We provide strategic advice on drafting & enforcing sunset date provisions to protect your project from delays & manage purchaser disputes, including:
- Structuring flexible sunset clauses that allow for acceptable extensions if construction is delayed.
- Advising on the legal thresholds required to extend completion dates or terminate off-the-plan sales.
- Defending against a purchaser attempting to rescind their purchase contract before settlement.
Who We Act For
GRM LAW’s property development lawyers understand how off-the-plan projects are structured, funded & settled – and act as long-term counsel to the full spectrum of developers, including:
Residential Apartment Developers
Constructing high-density towers & boutique buildings reliant on secure off-the-plan contracts to unlock project finance.
Commercial Property Developers
Delivering office spaces & retail precincts with complex pre-commitments & commercial agreements for lease.
Industrial & Logistics Estate Developers
Subdividing large-scale warehouse parks & logistics hubs with strict zoning & heavy vehicle access requirements.
Mixed-Use Project Developers
Integrating residential, retail & commercial spaces into a single property development with overlapping off-the-plan sales.
Boutique Townhouse Developers
Executing mid‑scale townhouse subdivisions where a buyer may try to use the schedule of finishes to terminate the contract.
Master-Planned Community Developers
Managing multi-stage land releases across complex site boundaries with high-volume conveyancing & strict disclosure statement timelines.
Strata Title Developers
Creating new community management schemes & aligning the proposed plan with the physical build.
Real Estate Fund Managers
Institutional investors deploying capital into large-scale projects to protect margins & mitigate developer default risks.
Discuss Your Off‑The‑Plan Project
Our property development lawyers will contact you to discuss your project & outline next steps.
What Our Clients Say
How The Process Works
01.
Initial Project Structuring & Contract Preparation
We draft your master off-the-plan contract & disclosure statements to prevent a buyer from terminating the contract.
02.
Pre-Sales & Contract Administration
We manage the exchange of contracts & secure purchaser deposits in trust to protect your development funding.
03.
Construction Phase & Plan Registration
We monitor sunset dates & lodge final subdivision plans to keep your project legally compliant during the build.
04.
Final Settlements & Post-Completion
We execute high-volume bulk conveyancing to finalise the transaction & rapidly unlock your project funds.
Discuss Your Off‑The‑Plan Project
Our property development lawyers will contact you to discuss your project & outline next steps.
Why Choose GRM LAW
01. Full Development Lifecycle Expertise
We manage your project from initial site acquisition through to final off-the-plan sales & bulk conveyancing.
02. Expert Regulatory Navigation
We secure planning approvals & draft compliant disclosure statements so buyers cannot easily terminate the contract.
03. Commercial Focus & Pragmatism
Our lawyers deliver practical advice to protect your margins & keep the property development transaction moving.
04. Proactive Risk Management
We draft robust off-the-plan contracts with flexible sunset date terms to prevent costly purchaser rescission claims.
05. Efficiency & Responsiveness
We execute high-volume bulk settlements rapidly to unlock your deposit funds & finalise the agreement faster.
Meet Gavin McInnes
Gavin McInnes is an award-winning property & commercial lawyer with nearly 20 years of experience advising property developers on complex projects, structuring & transactions. He has acted for developers, real estate fund managers & institutional investors across Australia on site acquisitions, off-the-plan contracts, disclosure statements & bulk settlements.
- Accredited Specialist in Business Law & consistently recognised in Doyle’s Guide & Lawyers Weekly
- Extensive background structuring development deals, navigating planning regulations & resolving construction disputes
- Known for practical, results-oriented advice that protects margins & keeps the property development transaction moving
When Gavin manages your off-the-plan sales, you get robust, compliant agreements & a streamlined conveyancing process that rapidly unlocks your deposit funds.
Selected Off‑The‑Plan Sales, Leasing & Settlement Experience
We manage off‑the‑plan contracts, bulk settlements & leasing programs for residential, industrial & mixed‑use projects, including:
Yarrabilba Industrial
Complete development work for a 45‑lot industrial strata estate with off‑the‑plan sales.
17 Middle Road, Hillcrest
Complete development work for a 38‑lot industrial strata project with off‑the‑plan sales.
Smartstores@Citiswich & Smartstores@Metroplex
Complete development work for 50‑lot and multi‑stage industrial strata estates.
Zen Sherwood Apartments
Complete development work for a residential apartment project involving off‑the‑plan contracts and settlements.
Key Industrial & Development Sites
Acquisition and development work on industrial and residential sites at Bundamba, Arana Hills, Wacol and Bonogin.
Retail, Hospitality & Health Brands
Acquisitions or sales for brands including Andersens Carpets, Fashion Carpet Court, Costa’s Seafood, GFC, Semprose Pilates & Medpods Medical Centres.
Recognition & Awards
Key Legal Issues In Off‑The‑Plan Sales & Settlements
Disclosure Statements
Selling off-the-plan requires a comprehensive disclosure statement before a buyer signs the contract. This document must detail the proposed lot, schedule of finishes & any encumbrances affecting the property.
Failing to provide accurate disclosure documentation gives the purchaser a legal right to terminate the contract. Our property lawyers draft watertight disclosure plans to protect your transaction & secure your pre-sales.
Sunset Clauses
A sunset date sets the final deadline for a development to reach completion & register the plan of subdivision. If construction is delayed beyond this date, either party may have grounds to terminate the agreement.
Recent legislative changes heavily restrict a developer’s ability to use sunset clauses to cancel agreements. Expert legal advice ensures your off-the-plan contracts include acceptable margins for delays without jeopardising your funding.
Plan Variations
Construction realities often require minor adjustments to the proposed plan or schedule of finishes. Buyers generally cannot terminate the contract if these changes do not materially prejudice their lot.
However, significant alterations to lot sizes or layouts can trigger a purchaser’s right to walk away. We draft flexible contract terms that allow you to substitute materials & refine designs safely.
Buyer Defaults
A purchaser may occasionally fail to complete the transaction when the contract settles. In these situations, the developer generally has the right to terminate the agreement & forfeit the buyer’s deposit.
You can also pursue damages if the value of the property has dropped before resale. Our team acts swiftly to enforce your rights & recover any financial shortfall caused by defaulting buyers.
Discuss Your Off‑The‑Plan Project
Our property development lawyers will contact you to discuss your project & outline next steps.
Legal & Compliance Insights
Frequently Asked Questions
What must be included in an off-the-plan disclosure statement?
An off-the-plan disclosure statement must include the proposed plan of subdivision, the schedule of finishes, & any relevant warnings required by state property law. Providing accurate disclosure documentation is critical, as failing to do so can give a purchaser the right to terminate the contract. Our property lawyers draft compliant disclosure statements to protect your development rights & prevent future disputes.
How much flexibility do we have to change the plan of subdivision or finishes?
You generally have a reasonable degree of flexibility to make minor alterations to the architectural plans or substitute materials during the build. We draft your off-the-plan contracts to include specific clauses that allow for acceptable variations without triggering a buyer’s right to rescind the agreement. To ensure compliance while maintaining your margins, speak with an experienced property lawyer before signing the contract.
What happens if a buyer attempts to rescind their contract before settlement?
If a buyer attempts to terminate the contract before the completion date, we will assess whether their claim is legally valid under the contract terms & relevant state legislation. Buyers often try to use delays or minor changes to the proposed developments as an excuse to exit the transaction. Our robust off-the-plan sales agreements are drafted to protect the developer’s position & minimise the risk of successful rescission claims.
When can developers legally access the buyers' deposit funds?
You cannot legally access a purchaser’s deposit until the plan of subdivision is registered & the contract settles. These funds must be held securely in a trust account during the construction phase to protect the buyer. Once titles are issued, our team executes streamlined bulk conveyancing to finalise the transaction & rapidly unlock your project funds.
At what stage of the development lifecycle should we engage GRM LAW?
You should ideally engage our property development lawyers prior to site acquisition or before drafting the master contract of sale. While we can step in at any stage, early involvement allows us to secure planning approvals, structure joint ventures, & mitigate risks associated with selling off the plan from day one. Contact our team to discuss your upcoming project requirements.
How does GRM LAW handle high-volume bulk settlements efficiently?
We utilise streamlined internal processes & a dedicated team approach to coordinate simultaneously with multiple buyers & their financiers. This allows us to execute high-volume bulk conveyancing rapidly once construction is complete & titles are issued. Our efficient contract administration ensures you receive your project funds without unnecessary delays.
Do you manage off-the-plan sales for projects outside of Queensland?
Yes, we regularly manage off-the-plan sales for property developers across Australia. Although we are headquartered in Brisbane, our lawyers have extensive experience navigating state-specific property law & disclosure requirements for projects in Sydney, Melbourne, & other jurisdictions.
How do you structure your fees for off-the-plan contract preparation and settlements?
We provide transparent, upfront pricing that is typically structured around the initial preparation of the master plan contract & subsequent per-lot settlement phases. This approach ensures you have clear visibility over your legal costs throughout the entire property development lifecycle. For a detailed fee estimate tailored to your specific project, please speak with our team.
Will we be dealing directly with senior lawyers during our project?
Yes, you will have direct access to our founder, Gavin McInnes, & our senior legal team throughout your project. We ensure that high-level commercial acumen & expert advice are applied to your off-the-plan contracts & development strategy at all times.
Can GRM LAW assist if a dispute arises with a buyer or builder during construction?
Yes, our end-to-end service includes strategic dispute resolution & litigation support for conflicts with a buyer, builder, or joint venture partner. Whether a purchaser is attempting to use a sunset date to exit the agreement or a builder is causing delays, we work to resolve the issue swiftly. Our goal is to protect your margins & keep the development moving forward.
Books By Gavin McInnes
Practical guides on structuring, asset protection and private credit in Australia.
Protect Your Assets
A plain‑English guide to protecting your home, business interests and investments under Australian law. Written for business owners, professionals and families who want to keep what they’ve built safe from avoidable risk.
Private Credit In Australia (Coming Soon)
A forthcoming guide to structuring, documenting and managing private credit transactions in the Australian market, written for lenders, sponsors and their advisers.
Explore Our Other Practice Areas
Deep expertise across corporate, banking & finance, property and related commercial work.
Private Lenders & Non‑Bank Finance
Strategic loan, security & enforcement advice for private credit funds, family offices & non‑bank lenders across Australia.
Property Developers & Projects
End‑to‑end legal support for property developers from site acquisition & approvals through to construction, sales, leasing & disputes.
Business Acquisitions & Disposals
Buy‑side & sell‑side advice on business and share sales, from initial structuring and due diligence through to completion.
Corporate & Commercial Advisory
Ongoing corporate, governance & commercial contracts advice for private companies, family businesses & investors.
Structuring & Asset Protection
Structuring businesses, investments & personal wealth to manage risk, protect assets and support long‑term succession.
Franchising
Establishing, growing & restructuring franchise networks, including franchise agreements, disclosure, compliance & exits.
IP & Technology
Protecting and commercialising intellectual property, software & technology through tailored licensing, development & sale agreements.
Real Estate Funds & Capital Raising
Advising real estate fund managers, sponsors & investors on fund structures, capital raisings & transaction execution across Australia.
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