Buying a condo off-plan or under construction offers price and choice advantages, but buyers pay down-payment instalments for years without seeing the unit. The risks: delays beyond the deadline, halted construction, units smaller than contracted, or advertised facilities that never materialise. When these happen, many buyers aren't sure what rights they have or where to start.
Selling condominium units is a controlled-contract business under consumer protection law. Agreements to buy and sell must contain the essentials the Contract Committee's notification prescribes, such as unit details and area, price and payment, completion and transfer dates, common property and facilities, and buyers' rights when the developer fails to perform. Terms unfair to consumers or contrary to the notification may be unenforceable, and advertising and sales materials can in some cases form part of the contract.
| Situation | General right | Action |
|---|---|---|
| Construction or transfer not completed by the contract date | Terminate and claim back money paid, with interest or damages as the contract and law provide | Check the contract deadline and any exceptions the developer cites |
| Actual area differs from the contract | Price adjusts to actual area; beyond the set threshold, the buyer may terminate | Compare the area on the ownership certificate with the contract |
| Facilities differ from contract or advertising | Demand performance or claim damages | Keep brochures, ads and sales-period images |
| Materials or layout changed | Demand correction or damages, depending on materiality | Photograph and record the differences |
Details — refund interest rates, the area-difference threshold and force-majeure grounds a developer may invoke — depend on the contract and the notification in force when you signed. Have a lawyer or OCPB officials review them.
When a project runs into trouble, dozens or hundreds of buyers often face the same situation. Organising helps share information and evidence, split legal costs and strengthen negotiation. A group representative communicating systematically and minutes of meetings with the developer make the process efficient — but each buyer should still check their own contract, as terms may differ by purchase date.
Check whether the developer has delivered on time before; confirm the status of building permits and the environmental impact assessment, a frequent cause of delays; see whether the project has development financing from a lender, reflecting bank scrutiny; ask whether buyers' money is held in an escrow account; and visit the site periodically.
A unilateral notice doesn't automatically extinguish your rights. Check what extension conditions the contract contains and whether the cited reason qualifies. Don't sign an acceptance before assessing its effect on your rights.
Buyers become creditors and may not be repaid in full — which is why checking developer stability and escrow arrangements matters.
Stopping unilaterally may let the developer claim you breached first. Consult a lawyer before stopping payments, and terminate formally when contractual grounds exist.
Off-plan condo buyers are protected by legally controlled contracts, but must exercise their rights systematically: keep evidence, follow up in writing, terminate on contractual grounds, complain to the OCPB and organise with other buyers when needed. Read about off-plan pros and cons and reading property contracts on the MyProperty blog.
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