MP’S vow to home buyers

A GOLD Coast MP has promised to raise the issue of sunset clauses in land sales with Attorney-general Shannon Fentiman after first home buyers on the Gold Coast had their contracts torn up.

Buyers at Hillview Estate in Maudsland had their contracts terminated after developer Metacap Developments invoked an 18-month sunset clause citing issues caused by adverse weather, the presence of rock and delays securing council approvals.

The termination of contracts through no fault of their own left buyers distraught. Sites at the estate that were originally priced between $280,000 and $300,000 have since been priced between $400,000 and $450,000 following a surge in property prices.

Several buyers told the Bulletin they could no longer afford to enter the Gold Coast housing market, while many also faced losing deposits paid to builders and other suppliers.

The Bulletin has since learned that sunset clauses have been used to terminate contracts at developments in Brisbane and the Sunshine Coast.

The use of such clauses is not prohibited under Queensland law, which has led to calls for Ms Fentiman to amend legislation.

Gaven MP and Environment Minister Meaghan Scanlon said she sympathised with Hillview Estate buyers and would raise the issue with her cabinet colleague.

“We are absolutely looking at what we can do and I certainly feel for people who went and tried to buy a property and are being told that they no longer have that property and things have changed,” Ms Scanlon said.

“I totally understand the situation they are in. I am happy to have a conversation with the Attorney-general.

“I know she is looking at what other jurisdictions have done. These issues have been presented in NSW where I think they have made some changes.

“So, absolutely, I think it’s reasonable that if there’s an issue that we look at what the problem is and see if we can address it and I’m more than happy to raise it on behalf of people.”

Theodore MP Mark Boothman, whose constituency includes Hillview Estate, has suggested Ms Fentiman amends the Queensland Land Act 1984 in the same way equivalent NSW legislation was amended in 2015.

Ms Fentiman last week wrote to Mr Boothman to say the Office of Fair Trading would be undertaking “awareness activities” regarding contracts for offthe-plan sales and the government was examining changes made in other states.

“The government will continue to monitor the issue and responses recently adopted by other jurisdictions to ensure it is fully informed when determining future policy,” Ms Fentiman said.