House & Land Packages
PART A - STOCKLAND ENTITY1. In these terms and conditions, "Stockland" means Development Pty Limited ACN 000 064 835 of Level 25, 133 Castlereagh Street, Sydney NSW 2000 and its related entities.
PART B - HOUSE & LAND PACKAGES2. Each house and land package advertised by or on behalf of Stockland (House & Land Package) consists of land and a house which are sold separately. Stockland is responsible for the sale of the land only. A Buyer wishing to purchase a House & Land Package will need to enter into:
(a) a contract for the sale of land (Land Contract) with Stockland; and
(b) a separate contract with a participating builder (Builder) for construction of the home on the land (Building Contract).
(a) any failure by the Builder to enter into or perform the Building Contract;
(b) any delays in construction (irrespective of whether such delays are due to the time required by Stockland to obtain a separate title for the land, provided the relevant timeframe is in accordance with the relevant provisions of the Land Contract);
(c) any defects in construction;
(d) any representations or warranties made by the Builder; or
(e) any loss suffered by the Buyer or any other person in any way arising out of or relating to the Builder or the Building Contract.
PART C - PRICE OF HOUSE & LAND PACKAGES6. The advertised price of a House & Land Package:
(a) is correct as at the time of publication, but is subject to change without notice. Reasons why the advertised price may change include, but are not limited to, periodic price increases by Stockland and/or Builders, variations in the inclusions or specifications of the house, and changes in local, state or federal government laws or requirements applicable to the acquisition of land and/or a house;
(b) is based on the Builder's specifications and inclusions for the house, details of which can be obtained from the Builder;
(c) unless otherwise advertised, may be subject to exclusions as nominated by the Builder such as landscaping, fencing and other exclusions. The price of the house may also vary in other circumstances as set out in the Building Contract. Buyers should make appropriate enquiries as to the exclusions and variations with the Builder prior to purchase;
(d) does not include stamp duty on the Land Contract or the Building Contract, registration fees (including registration fees in relation to the transfer of the land), local government change in ownership fees and any other fees or charges (including legal fees or the costs of other services) incidental to the acquisition of land. Buyers will need to pay these fees and charges separately; and
(e) is subject to adjustments under the Land Contract including, but not limited to, council rates, water rates, land tax and other statutory charges.
PART D - NO RELIANCE ON ADVERTISEMENTS8. Descriptions, illustrations, photographs or statements on this website relating to the sale of a House & Land Package (Advertisement) are indicative only and may contain:
(a) inaccuracies, errors or misdescriptions in respect of the location, size, use, description, identification and/or boundaries of the land or the current or future location or existence of any facilities, amenities, services or destinations; and
(b) items or inclusions which do not form part of a particular House & Land Package.
(a) the land;
(b) the full description and specifications for the House & Land Package; and
(c) any facilities, amenities, services or destinations.
PART E - ENCUMBRANCES10. Buyers must ensure that the house to be constructed on the land as part of the House & Land Package complies with all easements, restrictions, covenants, encumbrances and design requirements applying to the land (Encumbrances). Buyers are responsible for satisfying themselves as to the compatibility of the house to be constructed on the land with all Encumbrances.
PART F - GENERAL TERMS11. The sale and purchase of land as part of a House & Land Package is subject to the provisions of the Land Contract. If there is any inconsistency between these Terms and Conditions and the Land Contract, then the Land Contract prevails.
(a) by reason of any incorrect or incomplete information regarding a House & Land Package communicated on this website;
(b) who relies upon the information in any Advertisement; or
(c) due to the inability of Stockland and the relevant Builder to offer for sale a House & Land Package and/or provide any aspect of the sale of a House & Land Package as a result of circumstances beyond the control of Stockland and/or the relevant Builder.
BEFORE ENTERING INTO A LAND CONTRACT, YOU SHOULD OBTAIN INDEPENDENT LEGAL AND FINANCIAL ADVICE.