Builder claimed stamp duty concession

My wife and I is looking to buy a investment property off the plan type where you pay 10% now and the rest on completion. The property is $500k, i asked the real estate agent would we still get the $5000 concession on the stamp duty(we are in NSW). He told us he doesn't know and would ask the solicitor of the builder for us. Today he called back and told us the builder has already claimed the stamp duty conession. Is that right of him to do so? and are we still able to claim our stamp duty concession? what i heard is one property canonly claim once.
 
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