Contract of Sale & Off-the-Plan Disputes
When a property sale won’t complete — or someone wants out — we act fast to enforce, exit or defend the contract.
- Acting for buyers and sellers when a sale breaks down.
- Notices to complete, termination and specific performance.
- Deposit forfeiture and recovery — including relief against forfeiture.
- Off-the-plan, sunset-clause and disclosure disputes.
- Fixed-fee scoping and fast action when settlement is close.
A Signed Contract Is Not Always the End of the Story
Exchange is supposed to lock a deal in — but property sales fall over more often than people expect. Finance collapses, a seller gets cold feet or a better offer, a party misses settlement, a condition isn’t met, or something turns up on the title that changes everything.
Once contracts are exchanged, walking away — or forcing the other side to complete — is a legal question with real money attached: the deposit, the price difference on a resale, and damages. Because we review and prepare these contracts every week, we know exactly where the leverage sits: whether time is essential, whether a valid notice to complete has been served, whether a right to terminate has arisen, and whether a deposit can be kept or must be returned.
We act quickly to protect your position — enforcing the contract, getting you out of it, or defending a claim that you breached it. Whether you’re the buyer or the seller, the first days after something goes wrong usually decide the outcome. The right notice, served at the right time, can be worth tens of thousands of dollars.
Where Contract Disputes Come From
Failure to Complete
One side doesn’t settle on time. We advise on notices to complete, making time essential, and the consequences of default.
Termination & Rescission
Ending a contract for breach, misdescription or an unsatisfied condition — and defending a wrongful-termination claim.
Specific Performance
Compelling a reluctant buyer or seller to actually complete the sale, where damages alone are not enough.
Deposit Disputes
Forfeiture and recovery of the deposit, “10% or nothing” arguments, and relief against forfeiture under the Conveyancing Act.
Misrepresentation & Non-Disclosure
Misleading statements, undisclosed defects and disclosure failures that induced the contract.
Damages on Resale
Where a defaulting buyer leaves the seller to resell at a loss — or a seller’s default costs the buyer.
Who We Act For
Sellers Left Hanging
When a buyer won’t or can’t complete, we act to serve notice, terminate, keep the deposit and recover the shortfall on a resale.
- Notice to complete & termination
- Forfeiture of the deposit
- Recovery of resale losses
Buyers Wanting Out — or In
When a buyer wants to exit for a genuine reason, recover a deposit, or compel a seller who’s trying to back out, we act to protect the deal or the deposit.
- Lawful exit & deposit recovery
- Specific performance of the sale
- Defending default allegations
Off-the-Plan Purchasers
When a development is delayed or changed, or a developer tries to rescind under a sunset clause, we act to hold them to the contract or recover what you’re owed.
- Sunset-clause disputes
- Disclosure & plan-change rights
- Delay & deposit protection
What Decides a Contract-of-Sale Dispute
Whether Time Is Essential
If time is “of the essence” (or made so by notice), missing settlement is a fundamental breach. If it isn’t, a valid notice to complete usually must come first.
A Valid Notice to Complete
Serve one that’s defective — too short, too early, wrong form — and a termination built on it can itself be a breach. This is where matters are won or lost.
The Size & Fate of the Deposit
A 10% deposit is usually forfeited on a buyer’s default, but a court can order relief against forfeiture, and unusual deposits can be challenged as penalties.
What Was Said Before Exchange
Representations by agents or sellers, and what was and wasn’t disclosed, can support rescission or a misleading-conduct claim.
The Cost of the Delay or Resale
Damages usually turn on the price on resale, holding costs and interest. Good records make the number defensible.
Sunset Dates & Disclosure (Off-the-Plan)
A developer can generally only rescind under a sunset clause with your consent or a Supreme Court order — and disclosure changes can give you rights.
How We Run a Contract Dispute
Send Us the Contract & Correspondence
The contract, any notices, and the emails and texts between the parties and agents. We read them straight away.
Urgent Position & Strategy
We tell you where you stand, whether a notice needs to be served or answered today, and the realistic options.
Notices, Demands & Negotiation
We serve or respond to notices, open negotiations, and resolve most disputes without proceedings.
Proceedings
If needed, we commence or defend in the appropriate court, seeking specific performance, termination, the deposit or damages.
Recovery
We pursue the deposit, damages and costs, and enforce the outcome so a result on paper reaches your account.
Why Choose Corporate Legal
We Prepare These Contracts
So we know exactly where they break — and where the leverage sits.
Fast When It Counts
Notices and settlements run on days, not weeks. We move at that speed.
Buyer or Seller
We act on both sides of the exchange, and defend as readily as we attack.
Fixed-Fee Scoping
Know your real position before you commit to a fight.
Deposit-Savvy
Forfeiture, recovery and relief against forfeiture are core to what we do.
Straight Talk
We’ll tell you if the smarter commercial move is to settle.
Many disputes trace back to the contract itself. Our conveyancers and contract-review team can pressure-test the contract, and once the dispute settles we can complete the sale, resell, or handle your next purchase.
Frequently Asked Questions
The buyer didn’t settle — can I keep the deposit and resell?
Can I get out of a contract after exchange?
What is a notice to complete?
Can I force the other side to go through with the sale?
The developer is trying to cancel my off-the-plan contract — can they?
How much will it cost to run a contract dispute?
A sale that won’t complete is a clock, not just a problem.
Get an urgent, fixed-fee read on your contract before a notice runs against you.
Book a Consultation