On their honeymoon in Queensland more than half a decade ago, Fatin Jebeili and Maher Santina fell in love with the Gold Coast, resolving to leave Sydney behind and move there one day if they could.
So, when the opportunity came up to put down a deposit on an off-the-plan, four-bedroom townhouse for $595,000 in 2022, it seemed like that dream was about to become a reality.
Three years later, the couple and their two daughters are instead living a nightmare.
Their townhouse is yet to be finished, and the developer of Urbana Residences is trying to cancel their contract and return their deposit on the grounds the sunset date expired in August.
Ms Jebeili and Mr Santina hoped they’d be living on the Gold Coast by now, but they’re still renting in Sydney. (ABC News: Glenn Mullane)
After years of delays, the move has devastated the couple, who said they had been priced out of an exploding property market.
“Even if we go more remote in Sydney or in [the] Gold Coast or anywhere … it’s going to be a struggle,” Mr Santina said.
“We’re just kind of desperate.”
Parts of Urbana are complete, or almost completed. (ABC News: Glenn Mullane)
Stage set for a fight
Sunset clauses are provisions in contracts that allow a developer, or a buyer, to terminate a contract if the build isn’t complete and settled before a specified date.
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But Urbana buyers allege developer Cadmium Land FW2 Pty Ltd has deliberately dragged its feet on construction, so it could exploit the sunset clause and resell the properties at what would now be market value.
The Brisbane developer did not respond to repeated requests for comment but has denied the allegations in correspondence seen by the ABC.
Ms Jebeili and Mr Santina, who are among those who hope to launch legal action against the company, said the delays and emotional toll of the past few years had been enormous.
Preparations made years ago to move — as they had expected their home to be ready in 2023 — now seem in vain.
Ms Jebeili had enrolled in a university course in Queensland, Mr Santina told his work he’d be moving, and they enrolled their daughters in daycare in a different state.
“It’s been the worst feeling I have ever had to go through,” Ms Jebeili said.
“Not knowing where to enrol the [girls] when it comes to childcare or taking care of planning for their future education.”
The family has struggled with the uncertainty of not knowing where to enrol their daughters in daycare and planning for the future. (ABC News: Glenn Mullane)
They had imagined their second-born Layana, who is now two-and-a-half, would be living in her own room in Queensland by now.
Instead, they’re still renting a too-small place in Sydney.
“They just kept giving us hope bit by bit … and then we wait, and then we’re halfway there,” Mr Santina said.
“We decided just to be patient.”
That patience is now wearing thin.
Samuel Amey lodged a petition with the Queensland government, calling for it to bring sunset clause legislation in line with other states. (ABC News: Glenn Mullane)
In his apartment on the Gold Coast, Samuel Amey has also run out of patience.
Mr Amey and his now-wife Anabel Djuric signed a contract in December 2021 for a three-bedroom, $649,000 townhouse in stage three of Urbana Residences.
He said he was told it was meant to be completed in 12 months.
It’s still not ready.
They too had dreams of having a bigger place than their current two-bedroom walk-up apartment so they could hopefully start a family.
But the delays to the build have meant they have put those dreams on hold for now.
Mr Amey says he and his wife have had to put off starting a family because of the delays. (ABC News: Glenn Mullane)
Just like in Mr Santina and Ms Jebeili’s case, Mr Amey’s been issued with a contract termination because his sunset date has also expired.
His lawyers requested an extension, which he said was declined, leaving the newlyweds in limbo.
“It feels like such a waste … we’ve put so much time and energy into this property that we were hoping to start a new life in,” he explained.
“We’ve almost been held hostage and effectively been priced out of the market now.”
Urbana Residences’ buyers are in the process of launching legal action against the developer. (ABC News: Glenn Mullane)
Developer denies allegations
In a letter addressed to Duke Myrteza, who is one of the lawyers acting for the Urbana buyers, lawyers acting for the developer strongly denied the claims of deliberate delays.
“The Seller strongly denies that … the construction of the development was delayed for any reason attributable to ‘neglect’ or any lack of diligence on its part,” the response, dated July of this year, read.
Australian Law Partners’ Duke Myrteza is working with Urbana Residences’ buyers. (ABC News: Mark Leonardi)
In the correspondence, Cadmium Land FW2 Pty Ltd’s lawyers also rejected claims of failing to pay sub-contractors or breaching any contractual obligation to the buyers.
“The Seller denies that it is in substantial breach of the Contract or that it has engaged in misleading and deceptive conduct,” the letter stated.
It also said the buyers’ allegations were lacking “evidence” and had been made in “broad and sweeping terms”.
Mr Myrteza, along with another lawyer, is preparing legal action on behalf of about 20 Urbana buyers. (ABC News: Lottie Twyford)
Mr Myrteza, solicitor at Australian Law Partners, said about 20 buyers were in the process of launching legal action against the developer.
He explained the case rested on a claim the developer had breached its obligations in the contracts they later tried to cancel.
“There were significant delays in the construction of the development and completion of the townhouses,” he claimed.
“As well as actions such as completing later stages in the development before completing earlier stages — in other words, manipulating the construction schedule to suit the developer to allow time to pass the sunset date.
“At the end of the day, all we need to establish is a breach on the part of the developer in terms of its obligations under the contract.”
Some parts of Urbana are still under construction. (ABC News: Glenn Mullane)
A push to reform laws
As well as the legal action, Mr Amey also wants to see legislative changes in Queensland to tighten rules around developers using sunset clauses to terminate a contract.
Queensland off-the-plan land buyers given greater protections
In particular, he wants to see Queensland bring its laws more in line with those in New South Wales, where apartment, unit and house buyers are afforded the same protections as land buyers.
He recently lodged a petition with the government, which garnered more than 1,700 signatures, urging a review of sunset clauses in off-the-plan property contracts.
The state government has announced a review of the legislation, which was last reformed in 2023 under the former Labor government.
The 2023 changes mean developers now need the written consent of buyers, or a Supreme Court order, to terminate an off-the-plan land contract using a sunset clause.
But the changes only apply to off-the-plan land sales, rather than off-the-plan property sales, leaving the Urbana buyers without that protection.
Attorney-General Deb Frecklington announced in September the government would review sunset clause legislation. (ABC News: Cameron Lang)
A government spokesperson said buying a property was one of the “biggest financial commitments” many Queenslanders would ever make.
“[The government] appreciates the huge disappointment when an off-the-plan contract is terminated through a sunset clause,” a statement read.
“The Crisafulli government is undertaking an in-depth review of Labor’s sunset clause amendments and has invited community, industry and other stakeholders to share their views and experiences.”
Mr Santina and Ms Jebeili wanted to move to Queensland for a slower pace of life. (ABC News: Glenn Mullane)
While there’s an acknowledgement any change may come too late for this group, Ms Jebeili is adamant that won’t stop them from trying.
“I hope there is light at the end of the tunnel, even if it didn’t work out for us,” she said.
“At least … I hope that some laws can get reviewed and help someone else.”
