Off the plan contracts: 12 clauses to check before you sign.

What it is and who can use it. A sunset clause lets a party end the contract if it has not settled by a set date. In Queensland, a developer may only use one with your written consent, under a Supreme Court order, or in other prescribed situations (Queensland Government, updated 13 April 2026). In NSW the developer needs Supreme Court approval to end the contract using a sunset clause unless you agree, while you do not need court approval to rescind (NSW Government). Check the date and any extension rights, and get advice before agreeing to extend.

Where it is held and when it is released. In Queensland, sellers cannot get early access to deposits paid under off-the-plan contracts; they stay in trust until settlement or until the seller is entitled to them (Queensland Government). In NSW the deposit and any instalments must be held in a trust or controlled money account during the contract period (NSW Government). In NSW a bank guarantee or deposit bond can replace a cash deposit only with the developer's consent before you sign. Check who holds it.

When you can walk away. In Queensland you may end the contract if a change to the disclosure about the land causes you significant disadvantage, called material prejudice. You have 30 days from the developer's notice, or until title transfers if that comes first (Queensland Government). In NSW you have 14 days from notice of a material change. You can rescind and recover your deposit, or settle and claim compensation capped at 2% of the purchase price (NSW Government). Know which clock applies to your lot.

How much smaller it can be. The Queensland disclosure must record the total area of the proposed lot, and a significantly reduced size is the example the Government gives of material prejudice. Ask what size tolerance your contract allows, and what you can do if the finished apartment is smaller than the plan.

Whether you have one. NSW gives off-the-plan buyers a 10 business day cooling-off period. Withdrawing in that window forfeits 0.25% of the purchase price (NSW Government). The Queensland page we checked does not mention a cooling-off period, so ask your solicitor how it applies to your contract.

What the developer may swap. Ask what the contract says about substituting materials, fixtures and appliances, and whether substitutes must be of equal or better quality. Get anything promised in a brochure or by a salesperson written into the contract schedule.

Changes the developer can make without asking you. Read the clause that lets the developer change the plans, the layout or the common areas. Compare it with the material prejudice rules above.

The running costs and the rules. Ask for the proposed budget and the draft by-laws. Check levies, parking, storage, pets, and any rules on rentals and short-stay use if you are buying to rent.

How much warning you get. Check how long you are given to settle after the developer says the property is ready, and when your finance approval will need to be valid.

Whether you are allowed to. Some contracts restrict transferring or on-selling the contract before settlement. Check the clause and any fees.

What is covered and for how long. Ask how defects are reported and fixed after settlement, who is responsible, and what the builder warranty covers. Check the regulator's rules for the state you are buying in.

Anything that can change what you pay. Look for any price adjustment clause, plus what you pay on top of the price: stamp duty, legal fees and lender costs.