Material changes
The brochure showed one thing. The finished project shows another.
This is where purchaser expectation and contractual reality diverge most often. The decision to buy was usually made on a brochure, a show apartment, a render and a conversation. The obligations were recorded in an SPA that may permit the developer to vary a good deal of it. Not every variation creates a valid claim. The work is in identifying which changes fall outside what was permitted, and which of those are material enough to matter.
What these disputes involve
Material change matters commonly concern alterations to:
- Floor plan
- Unit size
- Layout
- Finishes
- Materials
- Views
- Orientation
- Building design
- Common areas
- Pools
- Gyms
- Beach access
- Clubhouses
- Landscaping
- Retail areas
- Parking
- Other marketed amenities
What Off Plan Resolve assesses
- What was represented
- What the purchaser contracted for
- What the SPA permits
- What changed
- Whether the change is material
- What evidence exists
- What remedy the purchaser wants
Marketing material is the asset most purchasers throw away
The brochure, the floor plan, the finishes schedule, the render, the price list, the sales presentation, the WhatsApp thread with the agent describing the view — these are the documents that establish what was represented. If you still have them, keep them. On size, the specific basis of measurement used matters.
Questions on this page
Many SPAs contain variation rights of some kind. Whether a particular change falls within such a provision, and whether the provision operates as the developer suggests, requires reading the clause against what actually changed.