Off-plan Property
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Off-plan property is a
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
before a structure has been constructed upon it. Pre-constructions are usually marketed to real estate developers and to early adopters as developments so that the purchaser can secure more favorable finance terms from their lenders. Property investors or property speculators purchase off-plan property with the aim of making substantial
capital gain Capital gain is an economic concept defined as the profit earned on the sale of an asset which has increased in value over the holding period. An asset may include tangible property, a car, a business, or intangible property such as shares. ...
s. This financial return may occur because developers who sell off-plan property often offer financial incentives or discounts to early adopters. In addition, there may be an opportunity for capital growth in a rising market and with a development cycle of typically 12–24 months. Off-plan property is typically deemed attractive if there is a high level of infrastructure in the immediate area such as a new university or expresses roads, either already built or due to be built within the next few years. Properties sold before they are constructed or completed are referred to as pre-sale properties or pre-sales in Canada. In Malaysia & Singapore, these properties are colloquially known as ‘new launches’.


Advantages of buying off-plan

In a rapidly rising
real estate economics Real estate economics is the application of economic techniques to real estate markets. It aims to describe and predict economic patterns of supply and demand. The closely related field of housing economics is narrower in scope, concentrating on ...
housing market, buying off-plan enables investors and homebuyers to buy a property at a lower price than if they wait for the construction of their chosen property to commence or when it eventually is completed. In addition, buying off-plan may be the only way to get a property with a specific location or set of features as the choice may be limited once construction starts or finishes.


Risks of buying off-plan

Buying a property off-plan, whether to use as a home or as an investment, incurs more risks than buying a property that has already been built. # If property values start to fall before construction is completed, the financing house may reduce the value of the loan or even deny financing, particularly if the buyer is buying the property as an investment rather than as a home. The buyer may be contractually obliged to buy the property at the original price and so must make up the shortfall from other sources or risk being sued if the buyer pulls out and the promoter sells the property at a lower price. # The constructor may go out of business before construction of the property is completed and the buyer may not be able to recover the monies advanced. There have been many cases of this happening in
Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
, as the construction sector has been particularly hard hit by Spain's recession. Today, new-build property developments in Spain are more likely to be backed by bank guarantees (aval bancarios) that protect buyers from a builder going
bankrupt Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the de ...
. # During 2015 media attention in
NSW New South Wales (commonly abbreviated as NSW) is a state on the east coast of :Australia. It borders Queensland to the north, Victoria to the south, and South Australia to the west. Its coast borders the Coral and Tasman Seas to the east. T ...
,
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
exposed a loophole in state legislation that allowed developers to back out of an off-the-plan buying contract at the final hour. Dubbed the "sunset clawback" the practice involves developers taking buyers' initial deposit and holding it for a significant length of time while construction is carried out. Then, when the project is almost finished they rescind the deal and sell the property off at a higher price. Following the introduction of section 66ZL to the Conveyancing Act 1919 (NSW) purchasers now have some protection. # Another issue with the off-plan property is that the finished property may not meet the buyer's original expectations, either because of subjective reasons or because of material defects. A new-build home in the UK may contain up to 80 small defects.


References

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