SPA review
The developer is relying on a clause. Have it read independently.
Most off-plan disputes turn on a small number of provisions. A purchaser who understands what those provisions actually say — rather than how they were described in an email from customer service — is in a substantially better position to decide what to do. This is also the review most worth doing early, because it usually determines which of your objectives are realistic and which are not.
The provisions that decide most disputes
- The definition of the completion or handover date
- Grace periods
- Extension mechanisms
- Force majeure provisions
- Variation and substitution rights
- Area and measurement provisions
- Specification and finishes obligations
- The payment plan and what triggers each instalment
- Default and termination provisions
- Notice requirements and how notices must be served
- Handover and acceptance procedure
- Defect and remediation provisions
- Governing law and dispute resolution
- Entire agreement and reliance provisions
What was said before you signed
Purchasers frequently rely on representations made during the sales process that do not appear in the contract, and many SPAs contain provisions addressing exactly that. It is one of the reasons we ask for brochures, presentations and sales correspondence alongside the contract. The contract alone does not show what you were sold.
What you get
A view of what the contract commits each party to, which provisions the developer is relying on and how strong that reliance looks, where your exposure sits, and what that means for the objective you have told us about. Including, where it applies, the unwelcome version: that the clause does what the developer says it does. An assessment that only tells you what you hoped to hear is not worth commissioning.
Questions on this page
Usually more useful, not less. The provisions that matter in a dispute are the ones that operate once something has gone wrong, and those are rarely read carefully at signature.