Conveyancing (Queensland) FAQ

Queensland is the only mainland state where licensed conveyancers are not permitted. Only Queensland-qualified solicitors can carry out conveyancing for a fee, under the Legal Profession Act 2007.

The REIQ (Real Estate Institute of Queensland) Contract for Houses and Residential Land is the standard form. Alternative forms exist for community title lots, commercial land, and rural property.

Residential contracts in Queensland have a 5 business day cooling-off period from receipt of the contract by the buyer. Termination during the period forfeits up to 0.25% of the price. Does not apply to auctions or waived cooling-off.

Before signing, sellers must provide a warning statement and the buyer must acknowledge the cooling-off rights. New mandatory seller disclosure commenced 1 August 2025, requiring a disclosure statement with prescribed searches and information.

Effective 1 August 2025, sellers must give buyers a Form 2 disclosure statement with prescribed searches before signing. Buyers can terminate before settlement if the statement is inaccurate or incomplete and they would not have signed.

Transfer duty in Queensland is tiered from 1.5% to 5.75% on a progressive scale. Home concession reduces duty for buyers occupying as their principal residence. Foreign buyers pay an additional 8% surcharge.

First home buyers of homes up to $700,000 pay no transfer duty; concessions apply up to $800,000. The First Home Owner Grant is $30,000 for new homes under $750,000 (until 30 June 2025).

Title search, registered plan, transfer duty assessment, council rates search, water rates search, land tax clearance, body corporate search (if applicable), environment and vegetation searches, contaminated land register, and property rates.

For community titles lots, sellers must provide a disclosure statement under section 206 of the BCCM Act, including body corporate levies, committee members, by-laws, insurance, assets, and liabilities.

PEXA is the mandatory electronic settlement platform for most Queensland land transactions as of the phased rollout through 2021-2022. Parties' representatives lodge documents and transfer funds in the PEXA workspace.

The standard contract period is 30 or 60 days. Settlement is booked in PEXA for a specific time (usually mid-morning). Financial settlement and title registration happen simultaneously through the workspace.

Yes. The REIQ contract has a standard finance clause making the contract conditional on loan approval by a specified date. If approval is not obtained, the buyer can terminate and recover the deposit.

Yes. The REIQ contract includes a building and pest inspection clause allowing termination if reports are not satisfactory to the buyer, acting reasonably. Must be exercised by the inspection date in the schedule.

Foreign buyers pay an additional 8% Additional Foreign Acquirer Duty (AFAD) on Queensland residential land acquisitions, and up to 2% land tax absentee surcharge. FIRB approval is also usually required.

Land tax is payable annually on land holdings over the threshold ($600,000 for individuals, $350,000 for companies and trusts). Foreign absentee owners pay an additional 2% surcharge.

Queensland Civil and Administrative Tribunal handles disputes up to $25,000, including body corporate disputes, residential tenancy, and small civil matters. Complex BCCM disputes go to a BCCM commissioner first, then QCAT.

A caveat lodged with the Department of Resources protects an equitable interest in land. Buyers often lodge caveats after contract to prevent subsequent dealings before settlement. Caveats lapse after 3 months unless extended.

Yes, in limited circumstances: during cooling-off, for breach of a contractual condition, where the seller cannot give clear title, for misleading or misrepresentative statements, or under the new disclosure regime if the Form 2 is deficient.

Default interest accrues under the REIQ contract. A notice to complete under clause 9.1 can be served requiring settlement within 14 days. Failure entitles termination, forfeiture of deposit, and damages.

Solicitor fees for a standard residential purchase are typically $800-$1,800. Off-the-plan, rural, and commercial matters cost more ($1,800-$4,000+). Disbursements for searches and registration fees add $500-$1,000.