It is common for developers to restrict the on-sale of its off the plan products before it has completed settlement of all of its sales. An off the plan purchaser can make a request that the developer allow them to re-sell their lot. Purchaser’s should be aware though that this request may not always be granted. Developers have an interest in restricting on sales so they can have more control over the sale prices of its products.
What is the process for on-selling off the plan property?
Purchasers may have a number of reasons for wanting to on sell their off the plan purchase. Common reason are that over the course of the development, the price of the apartment has increased or conversely that they can no longer obtain the finance they need in order to settle on their contractual obligations.Depending on the circumstances for the reason of the on sale will affect the method or process by which the on sale is effected.
Nominating an alternative or substitute purchaser is a common way of on-selling. Another method would be to enter in an on sale contract with your purchaser.
Process step 1
Check to see if your contract restricts the on-sale of your off the plan apartment.If your contract does restrict on-sale, you should seek advice as to how we can assist in obtaining consent from the developer to allowing you to on-sell your off the plan apartment.
If not, or if you obtain consent to on-sell, you should seek our advice as to the most appropriate method of on-sale for your circumstances and having regard to your reason for selling.