- Victorian law already requires a builder to obtain foundations data and cost the footings before the contract is signed. Quoting late does not protect you.
- It actively costs you: money that could reasonably have been ascertained from that data cannot be claimed later.
- When you advertise or quote a price to a consumer, it must be a single total including every quantifiable cost — that is the Australian Consumer Law, not a style preference.
- The lawful way to exclude something is the honest way: name it specifically, put it next to the price, and estimate it.
- A price the customer watched move is a price they can defend to their partner that night.
What “let me get back to you” actually costs
The conventional sequence is familiar: take the block details, promise a siting and a price, get both back three to five days later once drafting and estimating have had a turn. It feels careful. It is the single most expensive habit in new-home sales, for three reasons that have nothing to do with the number itself.
The first is competitive. The customer is not waiting for you; they are walking through two more display centres this weekend. Whoever answers first frames every comparison that follows.
The second is that the delay converts a conversation into a document. In the room you can explain why the alfresco adds what it adds. In an inbox, three days later, the same figure arrives with no narrator, gets forwarded to a partner who was never at the appointment, and has to survive alone.
The third is the one nobody talks about: the gap teaches the customer that your prices are negotiable, provisional, or both. A number that takes five days to produce looks like a number somebody decided. A number assembled in front of them looks like a number that was already true.
”A moving price you explain beats a fixed price they doubt.”
— The premise of this whole article
The law is already on this side of the argument
This is the part most sales managers do not know, and it changes the risk conversation entirely.
Under the Domestic Building Contracts Act 1995, a builder must obtain foundations data before entering into a major domestic building contract — enough for a proper footings design and, in the Act’s own words, for “an adequate estimate of the cost of constructing those footings”, having regard to the relevant standards and the fall of the land on the site.
Then comes the provision that ends the argument. If the builder later wants money that is not in the contract, they cannot claim it where the amount “could reasonably have been ascertained had the builder obtained all the foundations data required by this section.”
The late-surprise model is not merely bad practice. To the extent the surprise was knowable from data the builder was already obliged to get, it is not recoverable. Delaying the number does not protect margin — it puts it at risk.
The same posture runs through the rest of the Act. A provisional sum carries a statutory warranty that it was “calculated with reasonable care and skill taking account of all the information reasonably available at the date the contract is made, including the nature and location of the building site.” Entering a contract with a provisional sum below the reasonable cost of the work is an offence. And when reasonableness is tested, it is tested against the information the builder “had, or reasonably should have had”.
That last phrase is the one to internalise. Ignorance you chose is not a defence.
What has to be in the number
Separately from all of that, section 48 of the Australian Consumer Law governs how a price may be presented to a consumer at all. In short: if you state a price, you must state a single total — and that total has to be at least as prominent as any component of it.
The single price is the minimum total quantifiable at the moment you say it. GST in. Statutory charges payable to you in. You may leave out charges that genuinely cannot be quantified at the time — but the exception is about impossibility, not inconvenience. If you could have worked it out and did not, it does not protect you.
”From $X” for a figure nobody has ever actually built. “Excludes site costs” with no estimate attached. And any sentence containing both “estimate” and “fixed price” — misrepresenting the effect of a right or a remedy is its own contravention, and it is the one that turns a sloppy sale into a penalty.
Site costs: the line most reps hide
Site costs are where the honesty argument gets uncomfortable, because they are genuinely uncertain early. The components are familiar: soil classification and the footing design that follows from it, cut and fill for the fall of the land, rock, service connections, protection works to neighbouring property, bushfire construction requirements, easement or build-over costs, and retaining.
Most of these depend on a soil report, a feature and level survey, and knowing where the services actually run. None of that exists at appointment one.
But two things are true at appointment one, and both are visible from the block itself:
- The site is already telling you most of the answer. The fall of the land, the presence of an easement, the zone and overlays, the neighbour’s proximity for protection works, whether it is a knock-down or a vacant lot — those are known before anyone drives to site.
- You have priced a hundred blocks like it. A builder with a costing matrix and a corridor of completed jobs is not guessing. That is precisely the “information reasonably available” the Act is talking about.
So the honest position is not “we cannot say.” It is: here is our allowance, here is what drives it, and here is what would move it.
Where a builder excludes certain third-party costs from a contract price, the Act requires the exclusion to be stated immediately after the price first appears, saying plainly that it is not included and giving “a reasonable estimate of how much the amount is likely to be.” Name it, put it next to the number, estimate it. That is the statutory model of a lawful exclusion — and it is also, not coincidentally, the model of an honest one.
Saying a range without sounding evasive
A range is legitimate. A vague range is not, and both ends of it are representations you may have to justify.
| Instead of | Say | Why |
|---|---|---|
| "Plus site costs." | "Plus a site allowance of $28,000, which covers a Class M footing, the cut on this fall, and standard connections." | Names the figure and what it buys. A category is not a disclosure. A number is. |
| "Somewhere between 20 and 40 thousand." | "$26,000 to $34,000 — and here is what pushes it to the top: rock, or a reactive soil classification." | A range with named drivers is a forecast. A wide range with no drivers is a hedge. |
| "That excludes the usual stuff." | "That excludes rock removal, retaining walls and protection works — nothing else." | Specific exclusions are defensible; the category "site costs" is not. List them. All of them. |
| "I'll confirm it in writing." | "Here it is in writing now, and here is the date it is valid to." | Validity dates are honest and they create urgency without pressure. |
One operational habit is worth more than all the phrasing advice: record the grounds at the moment you say the number. The soil report, the survey, the estimator’s take-off, the last twelve comparable jobs in that corridor. Where a representation is about a future matter, the onus sits on the person who made it to show reasonable grounds — so the contemporaneous file note is the defence. If your software pins the price to a saved version with the inputs attached, that record is created for you.
Let the customer drive the number
The most under-used move in the whole appointment is handing over the controls.
When the price is live and re-costs on every change, the customer can push it around themselves: drop from the 26 to the 24 and watch it fall, add the alfresco and watch it rise, swap the façade and see what that actually costs rather than what they feared it costs. Two things happen. They stop treating the price as your opinion — it is behaving like a fact, because it is one. And they find their own budget, which is a far more durable place to land than a figure you negotiated them down to.
When the honest number is over their budget
It will be, often. The temptation is to soften it — trim the allowance, leave the site costs for later, quote the smaller home and hope the upgrade conversation lands after contract. All three cost more than they save, and understating a provisional sum below the reasonable cost of the work is an offence besides.
What works is treating the gap as the next piece of work rather than the end of the conversation. Say the number, say the gap out loud, then show them what closes it: a smaller size, a different façade, options deferred to stage two, a different block in the same estate. Every one of those is a live change they can watch reprice. A customer who leaves knowing exactly what $40,000 less looks like is still your customer. A customer who leaves with a number they suspect was optimistic is nobody’s.
What we are not going to claim
There is a lot of confident material online about how pricing transparency lifts conversion. When we went looking for a citable Australian source — from the ABS, HIA, Master Builders, or any academic study — for how long new-home quotes take, how many builders a buyer shortlists, or what transparency does to close rates, there isn’t one. Everything on offer was vendor marketing.
So we will not put a number on it. What is solidly sourced is the other half of the picture: Master Builders Australia’s analysis of ABS building activity data puts the average detached house at around 11.5 months from approval to completion in 2024-25, roughly a third slower than a decade earlier. In a market where delivery has got slower, the part of the process you can still compress is the part before the contract.
If you want the conversion number, measure your own. Split your consultants, price live for half of them for a quarter, and read your own CRM. That is a better statistic than any you could borrow — and it is yours.
General information for Australian sales teams, with Victorian statutory references, current as at August 2026. It is not legal advice. Consumer and domestic building law is under active reform in Victoria — have your own contracts and price presentation reviewed by your lawyer.
The phrasings, the exclusions checklist, and what to record at the moment you say the number.
In the works