Before Signing an Off-Plan Property Contract: Clauses Every Buyer Should Review

Before signing an off-plan property contract, check precisely what you are buying, the complete cost, the delivery obligations and what happens if either party does not perform. Read the contract together with every annex and have an independent qualified lawyer review the full package before signing or transferring substantial funds.

A payment schedule can look manageable while leaving important questions unanswered. What does “delivery” include? Can the unit’s area change? Is the garden exclusively yours? The purpose of this guide is to help you collect clear answers, not to interpret the enforceability of a particular clause or provide legal advice.

Start with one complete, consistent contract pack

Request the proposed contract, payment schedule, unit plan, area schedule, finishing specification, community rules and any other document incorporated by reference. Check that the version numbers and dates agree. Keep the final signed pack, not just a sales presentation and a screenshot of the instalments.

Create a simple questions list with three columns: clause number, question and written answer. If the answer changes the deal, ask your lawyer how it should be reflected in the signed documents. A reassuring conversation is difficult to compare with a later contract that says something different.

Identify the parties and exact unit

Who is selling, and who can sign?

Check the buyer’s full details and the legal identity of the seller or developer. A project brand, sales office and contracting company are not necessarily the same thing. Ask for evidence of the signatory’s authority and confirm that payment instructions identify the agreed recipient. Investigate any unexplained change in company name or bank account before paying.

What is included in the purchase?

The description should identify the project, phase, building, unit number, floor and position. Match the plan to the sales discussion: orientation, neighbouring units, access and the location within the phase can materially affect how the home works for you.

Record the area and its measurement basis. List parking, garden, roof and storage rights separately, including whether the proposed arrangement is ownership, exclusive use or shared access. Ask about access routes and any conditions on use. A roof shown on a render is not a substitute for a written description of the right being sold.

Review the land and development documentation

Ask the lawyer to check the relevant land ownership or allocation documents, the seller’s development authority and the approvals applicable to the project and phase. Establish whether anything remains conditional. For the statutory starting point, the Consumer Protection Agency’s official text of Law No. 181 of 2018 includes provisions relevant to real-estate advertising and contracting. Your lawyer should confirm its current application and any other applicable rules.

Commercial questions also matter: which facilities belong to your phase, when are they intended to open and who is responsible for them? Separate facilities already operating from proposed facilities. Neither this checklist nor a developer’s track record guarantees future delivery. Our guide to How to Evaluate an Off-Plan Project develops that wider assessment.

Calculate the complete commitment

Price, currency and instalments

Confirm the total contractual price, currency, reservation payment, down payment and every remaining instalment. Check exact dates, frequency and any annual or handover lump sum. Ask how the reservation amount is credited and when a payment is considered received.

Compare the cash price with the instalment price for the same unit on the same date. If they differ, record the difference rather than relying on a financing slogan. Review How to Compare Property Payment Plans before deciding which schedule fits your finances.

Costs outside the headline price

Ask for an itemised schedule covering administration, maintenance deposits or payments, utility connections, meters, parking and any separate charges. Identify whether each figure is fixed, estimated, refundable or subject to later calculation. Ask who receives it and when it becomes due.

If the maintenance contribution is described as a percentage, identify the amount to which that percentage applies. Ask whether there are annual service charges or later top-ups as well. Avoid treating an initial deposit as proof that all future costs are covered.

Read both sides of the timetable

Your payment obligations and default

Ask what happens after a missed payment: notice, any cure period, late charges, acceleration of outstanding instalments and possible termination. Have the lawyer explain the consequences and applicable limits. Do not assume you may stop paying because construction appears slow; obtain advice on your particular contract first.

The developer’s delivery obligation

Identify the contractual delivery date, any grace period and the grounds for permitted extensions. Ask whether the date relates to your unit, the phase or the whole development. Define the promised condition at delivery, access arrangements and the status of essential services.

For example, “December delivery” is incomplete if the contract also permits an extension but the brochure does not mention it. Put the dates and extension conditions on one timeline. Then ask what notice, evidence and remedies the contract provides if delivery is delayed. Do not assume compensation or a refund is automatic.

Attach the specification and control changes

The finishing schedule should identify the items to be supplied and installed, including doors, glazing, flooring, sanitaryware, kitchen items, air conditioning and utility provisions. Clarify exclusions and the treatment of brands and equivalent substitutions. The show apartment may contain optional upgrades.

Layouts, facilities and area tolerances

Read any clause allowing changes to layouts, materials, facilities or unit area. Ask who can approve changes, how the buyer will be informed and what happens if a change affects the intended use of the home. Do not assume that “equivalent” has an agreed meaning without checking the specification.

For an area-tolerance clause, establish the starting area, measurement method, permitted variation and who measures the completed unit. Ask whether a price adjustment works in both directions and which price per square metre is used. There is no single tolerance figure that this guide recommends for every project.

Plan handover, inspection and defect correction

Ask how notice of readiness is sent, how much time you have to inspect and whether you may appoint a representative or technical inspector. Identify the procedure for recording defects, agreeing correction dates and inspecting again. Check what a handover signature acknowledges before signing.

Separate unfinished construction from minor snagging and from excluded work that you must arrange yourself. Review Off-Plan Property Handover: A Practical Inspection Guide and decide how you will attend if you normally live abroad.

Consider changes to your own plans

Review cancellation, refund and termination provisions: triggers, deductions, procedure, currency and timing. Ask whether the proposed refund depends on another event, such as resale of the unit. A contract that mentions a refund but leaves its timing unclear needs further discussion.

For assignment or resale before full payment, ask about consent, fees, minimum payments and responsibility for outstanding instalments. Obtain advice on the legal process rather than assuming you can transfer the reservation to someone else.

Life in the community and dispute procedures

Read the community-management rules and maintenance obligations. Ask about service budgets, access to accounts, rule changes, use of shared facilities and any restrictions relevant to renovation, pets or letting. Match these terms to your intended use of the home.

Ask the lawyer to explain governing law, dispute resolution, the language of the controlling documents and the official methods for serving notices. Keep your contact details current. A sales agent’s messaging account may not be the contract’s designated notice address.

Final pre-signing checklist

• Every party, signatory and payment recipient is identified.
• The unit, phase, area and ancillary rights match the agreed purchase.
• Land and development documentation has been reviewed independently.
• The total price, currency, dates and separate charges are clear.
• Buyer-default and developer-delay provisions have been explained.
• Delivery, extensions and the finishing schedule are documented.
• Change clauses and area adjustments have been checked.
• Inspection, snagging and handover procedures are practical.
• Cancellation, refund, resale and community obligations are understood.
• The complete final pack has been reviewed by your independent qualified lawyer before signature or a substantial transfer.

If you are still choosing between purchase types, read Off-Plan or Ready to Move.

Contact Harmony Properties for project and property information and help organising documents for independent legal review. We do not act as the buyer’s lawyer or provide legal advice.

Important legal notice

This article is for general information only. It is not a legal reference, a statement of the law or individual legal, financial or tax advice, and it should not be relied on as a substitute for professional advice. Consult your own independent, qualified lawyer about the current law and the documents and circumstances of your purchase before signing or paying. Harmony Properties is not your lawyer and does not provide legal advice.