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 SUBDIVISION AND BUILDING CONTRACTS

Advice on Purchase of Land in subdivision, drafting building contracts, subdividing your land.

Purchase of land in subdivision
It is extremely important when purchasing land in a subdivision that you obtain legal advice first. Appropriate conditions must be included in the Agreement for Sale & Purchase to provide for appropriate checks and balances to ensure that the vendor/developer does everything that is necessary throughout the process (from the drafting of an initial scheme plan of subdivision to the obtaining of title and everything in between). It is customary to include "sunset" clauses giving the purchaser a right of withdrawal from the contract if the process takes too long. In addition clauses regarding easements and variation to the plan and the like are essential to be covered adequately to provide fairness to a purchaser so that a purchaser is not caught by surprise at the end of the transaction.
Subdividing your land
We have contacts with surveyors and engineers and we can provide good advice to you with regard to the process to fit with our legal advice. We provide you with a handy checklist showing the various steps necessary throughout the process and we can keep in touch with you and your surveyor to achieve the right result. Aspects of the process have been in a state of flux and have recently changed. Depending on your occupation and depending on the length of time that you have held land there may be major tax complications. We have tax experts available to provide necessary advice at the outset to ensure that it is safe to commence the process and to structure it appropriately.
Building contracts
Typically building contracts prepared by the builder or builder's solicitor quite heavily favour the builder. It is usually necessary to achieve some balance and even-handedness in those documents for the protection of the purchaser/would be home owner. It is very important that these documents be structured and expressed correctly for the person having the home built for them.
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