Documenting a property development

Go to market with a compliant and legally sound property development.

Property developments involve a range of legal documents that must be prepared correctly before land can be subdivided, sold, or settled. Getting the documentation wrong can delay settlement, expose the developer to liability, or create defects in the title that affect the entire project. We prepare development documentation from the planning stage through to individual lot settlements.

Vendor's statements prepared correctly before marketing begins.

Off-the-plan contracts drafted to protect the developer through the development period.

Development agreements that allocate risk clearly between all parties.

The documentation for a property development needs to be right before marketing begins, not after the first dispute.

Getting the vendor’s statements, contracts, and development agreements correct at the outset avoids the delays, rescissions, and claims that arise when documentation is inadequate. The cost of preparing the documents correctly is a small fraction of the cost of resolving a dispute with a purchaser or a co-developer.

A property development that is sold before the documentation is right is a development that is not yet ready to be sold.

You have a development ready to go to market and you need the legal documentation in place before contracts can be offered to purchasers. The vendor’s statement obligations, the requirements for off-the-plan contracts, and the documentation needed for any joint venture or development arrangement all need to be correct before marketing begins. Getting any of them wrong can delay the project, allow purchasers to rescind, or create liability that affects the whole development.

We will advise on the vendor's statement obligations that apply to your development and prepare the required Form 1 documents.
We will prepare contracts of sale for individual lots, including off-the-plan provisions where the title is not yet created.
We will prepare or review development agreements and advise on the allocation of rights and obligations between the parties.
We will coordinate settlement of individual lots as titles are created and advise on the subdivision process.

You want to sell lots from your development and realise the project's value, but the documentation requirements are complex and getting them wrong can delay settlement or create liability.

You have a development underway and you need to prepare contracts for the sale of lots. The disclosure obligations, the timing of when contracts can be exchanged, and the provisions required for off-the-plan sales all need to be correct before marketing begins. Getting the documentation wrong can delay settlement, expose you to claims from purchasers, or create defects in the contracts that require renegotiation. You want the documentation prepared properly so the project can proceed to settlement on your terms.

What's included in your property development documentation service

Vendor's statement (Form 1) preparation and disclosure advice.
Contracts of sale for individual lots, including off-the-plan provisions.
Development agreement preparation and negotiation.
Subdivision process coordination and lot settlement management.
Post-contract advice on variations, delays, and purchaser queries.

What goes wrong when development documentation is not prepared correctly?

Developers who proceed to market without correct vendor’s statements risk purchasers exercising their statutory right to rescind the contract, which can unwind sales and delay the project significantly. Off-the-plan contracts that do not adequately address delays, lot variations, or the sunset period can create disputes with purchasers that are difficult and expensive to resolve. Development agreements between joint venture parties that are vague about contributions, decision-making, and profit distribution create the conditions for disputes that can stall the entire project.

Here is how we prepare the documentation so the development can proceed without disruption.

We advise on the vendor’s statement obligations that apply to the development and prepare the Form 1 documents before any contracts are offered to purchasers. We prepare contracts of sale that address the off-the-plan period, permitted variations, and settlement mechanics so the documentation is clear and the developer’s position is protected. We prepare development agreements that clearly allocate the rights and obligations of all parties and provide a workable framework for managing the project through to settlement.

Three steps to getting your development documentation right.

Disclosure prepared, contracts drafted, development ready to go to market.

Advise and prepare.

We advise on the disclosure obligations and prepare the vendor's statements and contracts before marketing begins.

Draft and negotiate.

We prepare development agreements and negotiate the terms with joint venture parties or financiers to document the arrangement correctly.

Coordinate and settle.

We coordinate the settlement of individual lots as titles are created and advise on the process through to the completion of the project.

Property lawyers experienced in property development documentation, off-the-plan sales, and vendor's statements for developments in South Australia.

Developers often focus on the planning and construction aspects of a project and approach the legal documentation late in the process, which creates pressure to prepare complex documents quickly. We work with developers at the earliest stage to make sure the documentation is in place before the marketing campaign begins, so the project does not lose momentum because the paperwork is not ready.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to get your development documentation prepared?

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