Selling a home in Queensland isn’t just about curb appeal and a good price. It’s also a legal journey that protects you, the buyer, and your investment. From a rock-solid contract of sale to transparent disclosures and compliance with safety rules, getting the basics right can save you time, money, and stress. At Affinity Property, we’ve translated the legal essentials into a practical, homeowner-friendly guide designed to help you move quickly and confidently-from listing to settlement.
What you’ll learn in this guide:
- How to prepare a compliant contract of sale
- What to include in your Seller’s Disclosure Statement
- How the contract cooling-off period works and what it means for you
- How deposits, settlement, and financial adjustments are handled
- What to do to ensure compliance before settlement
- What happens if the buyer defaults
- Whether you need a solicitor or conveyancer, and how to choose the right one
Preparing A Compliant Contract Of Sale:
The Foundation of Your Deal: Why it matters
The contract of sale is the legally binding backbone of your transaction. A clear, accurate contract reduces disputes, speeds up settlement, and protects you if things don’t go exactly as planned.
What to include (and how Affinity Property helps) Your contract should be prepared by a licensed real estate professional, solicitor, or conveyancer. It must clearly state:
- The full property address, title reference, and what’s included in the sale (fixtures, appliances, furniture, etc.). Create a detailed inventory of inclusions.
- Sale price and deposit details (amounts, due dates).
- Settlement date (typical window is 30–60 days from signing).
- Any special conditions (finance approval, building inspections, due diligence).
- Disclosure obligations (property condition and known issues), including smoke alarm compliance and confirmation that electrical safety switches are present.
Affinity Property can draft your contract for review, so you can confirm every detail before you sign. Because it’s legally binding, review it carefully — ideally with a solicitor or conveyancer.
The contract of sale is the backbone of your transaction: clear and accurate terms reduce disputes, speed settlement, and protect you if plans change.
What to include (and how Affinity Property helps): Your contract should be prepared by a licensed real estate professional, solicitor, or conveyancer and clearly state:
- The full property address, title reference, and what’s included in the sale (fixtures, appliances, furniture, etc.). Create a detailed inventory of inclusions.
- Sale price and deposit details (amounts, due dates).
- Settlement date (typical window is 30–60 days from signing).
- Any special conditions (finance approval, building inspections, due diligence).
- Disclosure obligations (property condition and known issues), including smoke alarm compliance and confirmation that electrical safety switches are present.
The full property address, title reference, and what’s included in the sale (fixtures, appliances, furniture, etc.). Create a detailed inventory of inclusions.
- Sale price and deposit details (amounts, due dates).
- Settlement date (typical window is 30–60 days from signing).
- Any special conditions (finance approval, building inspections, due diligence).
- Disclosure obligations (property condition and known issues), including smoke alarm compliance and confirmation that electrical safety switches are present.
Affinity Property can prepare a draft contract for your review, so you can confirm all details before you sign. Because this document is legally binding, review it carefully-ideally with a solicitor or conveyancer.
Why you should review with a professional:
- A second pair of eyes helps catch inconsistencies or ambiguous terms.
- A professional can flag issues you might not expect (e.g., inclusions that aren’t permissible to remove, or conditions that could stall settlement).
Preparing Your Seller’s Disclosure Statement
Transparency That Builds Buyer Confidence
The basics Queensland’s seller disclosure framework require you to share information that affects land use, safety, and value. A thorough disclosure helps buyers make informed decisions and reduces the risk of later disputes.
Who we trust
The Real Estate Institute of Queensland (REIQ) is the state’s leading authority on real estate legislation. Affinity Property is an REIQ-accredited member, and we recommend using REIQ’s accredited legal service (Form 2 Company) to complete your Seller Disclosure documents. We’ve also reviewed costs across Queensland providers to bring you the best value.
Mandatory disclosures you’ll need to make:
- Title and ownership confirmation: ensure the property is in your name and the title details are accurate.
- Easements, covenants, or encumbrances: any legal restrictions or rights affecting land use.
- Property survey plan: a current plan showing boundaries.
- Other matters affecting the property, including:
- Rates and water charges paid (no outstanding debts)
- Flood check report
- Pool safety search (if applicable)
- Unlicensed building work and council approvals
- Tree orders that might affect the property
- Contaminated land search (if you’re unsure about prior use)
- Heritage search (if applicable)
- Transport and main roads impact (current or future infrastructure)
- Body corporate or strata details (if selling a house, unit, or townhouse within a body corporate): fees and regulations.
- Notices & orders or known defects: any unsatisfied notices, structural issues, or safety hazards.
Why disclosure matters. Full, honest disclosure helps prevent disputes, penalties, or contract termination. It also protects your reputation and smooths the buyer’s decision-making process.
Costs and support
- You’ll receive a copy of the Qld Seller Disclosure Statement Form 2. When completed with disclosures, this document can be substantial (often 150+ pages).
- We can help you estimate search costs and gather the necessary reports.
Understanding the Contract Cooling-Off Period:
What It Means for You
In Queensland, buyers typically have five business days to reconsider after signing the contract, unless:
- The buyer waives the cooling-off period, or
- The sale occurs at auction.
Key points for sellers
- During the cooling-off period, buyers may withdraw without penalty, but they forfeit 0.25% of the purchase price.
- This period is a buyer protection, not a reflection on your property’s quality. It’s normal and part of a healthy market.
- Practical tip: aim for clarity in the contract about any ongoing due diligence so buyers feel confident in their decision-without delaying settlement.
Handling Deposits and Settlement:
Keeping The Process on Track
What happens after signing
- The buyer typically pays a deposit (usually 2%-10%), held in trust by Affinity Property until settlement.
- Settlement involves transferring ownership and the remaining funds from the buyer’s lender to you.
Helpful reminders:
- If the sale is finance-contingent, ensure mortgage approval is confirmed and transfers are ready.
- Gather and provide required documents: proof of ownership, clearance certificates, and any other regulatory paperwork.
- Pre-settlement housekeeping: clear outstanding council rates or water charges to avoid last-minute adjustments.
Practical tip for sellers
Coordinate early with your solicitor/conveyancer to confirm what needs to be paid or updated before settlement day (rates, utilities, title checks, and associated adjustments).
Ensuring Compliance Before Settlement:
Smooth Sailing with Safety and Regulations
Pre-settlement checks help prevent delays or cancellations. Key safeguards include:
- Smoke alarms: ensure compliant installation and working status.
- Pool safety certificate: if your property has a pool.
- Electrical safety switches: confirm presence and function.
Why these checks matter. Non-compliance can stall settlement or lead to penalties. Proactively addressing these items keeps your sale on track and reduces stress on settlement day.
What If the Buyer Defaults?
Protecting Your Interests
Despite best efforts, there’s a small risk that a buyer may fail to settle on time. Your options typically include:
- Retaining the deposit if the buyer defaults (as provided in the contract).
- Pursuing damages or losses through legal channels.
- Re-listing the property to find a new buyer.
Pro tip
A well-drafted contract provides clear remedies and timelines, giving you confidence to respond quickly if settlement doesn’t occur as planned.
Do You Need a Solicitor or Conveyancer?
Yes-And How to Choose One
Why you should engage a professional:
- They handle legal documents, ensure compliance with Queensland property laws, manage financial adjustments, and oversee settlement.
- They provide peace of mind and help prevent costly mistakes.
How Affinity Property can help
We can connect you with trusted legal partners who regularly work with our clients and have stood the test of time in the Brisbane and wider Queensland market. Here are a few we recommend (experience, reliability, and client feedback are our priorities):
- Frankie Bowen, Sunstate Conveyancing Phone: 0419 961 017 PO Box 56, Lutwyche, QLD 4030 Email: [email protected]
- Carrie Govan, Hefford Hampton Lawyers Phone: (07) 3204 4388 1467 Anzac Avenue, Kallangur, QLD 4503 Email: [email protected]
- Sneha Chand, CJC Law Phone: 07 3204 6488 2/13 Discovery Drive, North Lakes, QLD 4509 Email: [email protected]
What this means for you as a seller
- You don’t have to navigate this alone. A seasoned solicitor or conveyancer ensures your contract is airtight, your disclosures are thorough, and your settlement proceeds smoothly.
- If you’d like, Affinity Property can provide a tailored referral list to match your property type, location, and timeline.
Practical, homeowner-focused tips to speed things up
- Start early: Gather property documents, title details, and records of any improvements or works done on the home.
- Build a clear inclusions list: This reduces post-sale disputes about what stays or goes.
- Get a pre-listing check: A quick safety and compliance review can prevent last-minute hurdles.
- Consider a pre-settlement inspection: This gives you a heads-up on any issues the buyer might raise.
Common questions homeowners ask
- How long does it typically take to sell a home in Queensland? Timing varies by market, but a well-prepared seller can often meet standard 30–60 day settlement targets if everything is aligned early.
- What if I don’t have all the disclosure documents? Do your best to provide what you can and be transparent about gaps. Your solicitor can guide you on best practices to minimize risk.
- Can I negotiate the settlement date? Yes, settlement dates are often negotiated as part of the contract, especially if you have moving timelines to consider.
Conclusion:
Confidence Through Clear, Consistent Compliance
Selling a home in Queensland involves a mix of precise legal steps and practical decision-making. By ensuring your contract of sale is compliant, providing thorough disclosures, and partnering with experienced professionals, you can reduce risk, speed settlement, and achieve a successful outcome for you and the buyer.
If you’d like a personalized walkthrough of your property, a draft contract, or referrals to trusted solicitors and conveyancers, Affinity Property is here to help. Reach out today, and let’s turn your property sale into a smooth, well-supported experience.
Checklists You Can Use Right Now
You can paste these into a note or project board to stay organized.
- Contract of Sale essentials:
- Property address and title reference
- Inclusions inventory (fixtures, appliances, furniture)
- Sale price and deposit details
- Settlement date (30–60 days typical)
- Special conditions (finance, inspections, due diligence)
- Disclosure obligations (smoke alarms, safety switches)
Seller Disclosure essentials:
- Title/ownership confirmation
- Easements, covenants, encumbrances
- Survey plan
- Rates/water charges status
- Flood check, pool safety (if applicable)
- Unlicensed building work and approvals
- Tree orders, contaminated land search (if relevant)
- Heritage and transport infrastructure considerations
- Strata/Body corporate details (if applicable)
- Notices, orders, defects or hazards
Compliance before settlement:
- Smoke alarm compliance
- Pool safety certificate (if applicable)
- Electrical safety switches present