“Can I get out of this deal?” This is one of the most common questions we hear about real estate transactions.

Unfortunately, this question often comes too late. The best time to get legal advice is before signing an Agreement of Purchase and Sale. Never let a seller or agent discourage you from seeking legal counsel. If a seller won’t allow you to review an agreement with a lawyer, that’s a clear warning sign – you shouldn’t do business with them.

At Ghai Law, we’ve served as litigation counsel in hundreds of cases where real estate transactions didn’t close as planned. Our experience spans representing major builders and numerous individual purchasers.

Builders working with their lawyers should create detailed guidelines ensuring all salespeople know exactly what to tell purchasers about the project and the Agreement of Purchase and Sale clauses. Additionally, builders should ensure their Agreements use clear, simple English in large, readable print.

Builders and agents must be instructed not to discourage purchasers from consulting lawyers before signing.

For a home and land purchase agreement to be legally binding, it generally must be in writing.

However, even written agreements may be unenforceable in certain situations. This determination requires court evaluation. Common questions we encounter include:

Can the closing date be extended?

If a builder isn’t registered with the New Home Warranty Programme, is the Agreement of Purchase and Sale still enforceable?

Can a party void a contract if the Agreement was made under unfair circumstances?

When oral false statements convinced a purchaser to sign an Agreement, under what conditions will the Court find the Agreement unenforceable?

If you have such questions, our team at Ghai Law can help you find answers.