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The Disclosure Statement and Changes to What Was Disclosed in Baulkham Hills

The NSW Government says vendors who sell off the plan must attach a disclosure statement to the contract that outlines key information, like sunset dates and other conditional events, and must notify purchasers of changes that make what was first disclosed inaccurate in a 'material particular'.

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What disclosure statement in Baulkham Hills actually involves

the NSW Government's page Buying property off the plan says vendors also need to provide draft documents like a plan, proposed schedule of finishes and draft by-laws. the Office of the Registrar General's item of 11 October 2019 says purchasers can rescind the contract within 14 days of exchange if the Disclosure Statement, draft plan or relevant prescribed documents are not attached to an off-the-plan contract before it is signed.

Changes after signing

A 'material particular', the NSW Government says, is a change that will adversely affect the use or enjoyment of the lot being purchased. In some cases where purchasers are materially prejudiced by one, they can pull out of the contract and get the deposit back, or settle and claim compensation for the change, which the page says is capped. The page says a purchaser has only 14 days from being notified of a change to take action, and that purchasers also need to be given a copy of the registered plan at least 21 days before settlement.

Floor tile, timber veneer and paint chip samples laid side by side on a bare bench — the disclosure statement and changes, Baulkham Hills. Illustrative example.

What the page says about a change

The NSW Government's page says that if you learn of any change, you should discuss it with your lawyer or conveyancer right away. We do not say whether any change is a material particular, and neither page says how a given change is classed.

These rules are State-wide, so nothing in them is particular to Baulkham Hills. What is local is how much the planning around a site can change: see the Baulkham Hills and Castle Hill pages.

A chalk outline of a doorway on a bare plasterboard wall with a pencil beside it — the disclosure statement and changes, Baulkham Hills. Illustrative example.

Off the plan rules check for NSW

The Disclosure Statement and Changes to What Was Disclosed in Baulkham Hills — common questions

What must be attached to the contract?

The NSW Government says a disclosure statement that outlines key information, like sunset dates and other conditional events, and draft documents like a plan, proposed schedule of finishes and draft by-laws.

What is a material particular?

The NSW Government says material particulars are changes that will adversely affect the use or enjoyment of the lot being purchased, and that vendors must notify purchasers of changes that make what was first disclosed inaccurate in one.

How long does a purchaser have to act on a change?

The NSW Government says only 14 days from being notified of a change, and that legislation may allow a purchaser to pull out of the contract or claim compensation.

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