Skip to main content
Sydney Conveyancing Specialists
Conveyancing success story
PurchaseNSWFinance shortfall on off-the-plan purchase

Buyer Managed an Off-the-Plan Valuation Shortfall Before Settlement

The story

The client’s situation

A buyer signed an off-the-plan contract years before completion. When the apartment was ready, the lender’s valuation was below the contract price, reducing the amount the bank would lend.

How Aquarius Lawyers helped

We reviewed whether the contract gave any finance or termination right at that stage, then focused on settlement risk, extension options and the consequences of default. The client worked with finance advisers to source the shortfall while we negotiated timing with the developer.

The result

The buyer avoided assuming that a low valuation automatically cancelled the contract and managed the funding issue before the settlement deadline.

What this story shows

Off-the-plan buyers carry valuation and lending risk between exchange and completion. Finance approval at signing may not protect against a later valuation shortfall.

This is an approved, anonymised success story about a matter handled by Aquarius Lawyers. It is general information, not legal advice. The facts, contract and law applying to another transaction may produce a different outcome.