The buying process in Queensland

Two things shape the sequence in Queensland: the seller has to hand over a disclosure statement and prescribed certificates before the buyer signs, so the paperwork arrives early, and the official guidance on the legal work refers to solicitors, with the Queensland Law Society as the referral point. A private treaty contract carries a five-business-day cooling-off period; an auction contract carries none.

The steps in order

1. Get finance settled first. A pre-approval sets the ceiling.
2. Work out the government help. The duty concessions, the First Home Owner Grant and Boost to Buy each have their own eligibility test; the grants and schemes page and the stamp duty page set them out.
3. Check the agent on the Fair Trading Licensing Register before dealing with them.
4. Appoint a solicitor before making an offer, with a quote in writing, so the contract and the disclosure documents can go straight to them.
5. Collect the seller disclosure statement (Form 2) and the prescribed certificates; they must arrive before signing.
6. Build the fair-value range from the recorded comparable sales before any number goes on paper. At auction there is no price guide to anchor on.
7. Sign the contract with the conditions written in: finance, building and pest inspection, and any sale of an existing property. Pay the deposit as the contract sets out.
8. Use the cooling-off period if it applies: 5 business days from receiving the signed contract, written notice by 5pm on the fifth day, a penalty of up to 0.25% of the price. There is none at auction.
9. Go unconditional once finance is approved and the inspection is satisfactory, and pay the balance of the deposit if the contract splits it.
10. Settle electronically on the date in the contract, then meet the move-in conditions: within 1 year for the grant and the duty concessions, and living there daily for the concessions.

Who does the legal work

Conveyancing is the work after the contract is signed to get the title registered in the buyer's name at the land title office. The Queensland Government's guidance is about appointing a solicitor, and it points to the Queensland Law Society to find one. It says a buyer may do their own conveyancing, and that some conveyancing solicitors charge a set price, so a detailed quote for the work is the first thing to ask for. The Queensland Government guidance names solicitors for this work.

A solicitor commonly works from the contract, the Form 2 statement and every prescribed certificate before signing, the inspection report as soon as it arrives, and the lender's details once finance is approved. Settlement itself runs through eConveyancing, which Queensland has mandated for the main transfer instruments since 20 February 2023 unless an exemption applies. The lenders and legal practitioners involved settle through an approved electronic lodgement network operator.

Checking the agent

The Office of Fair Trading keeps a public register of all licensed property agents, salespeople and corporations, and the Fair Trading Licensing Register searches it free. The search shows whether the person or company dealing with the buyer holds a current licence. It is for information only and cannot be used as evidence in legal proceedings; if a record of the search is needed, a paid extract is available from the office.

If something goes wrong

Raise it with the agency first; the Office of Fair Trading expects that. If the agent is a member of the Real Estate Institute of Queensland, the REIQ is the next step. After that, a formal complaint goes to the Office of Fair Trading on its complaint form. The office also runs a claim fund for money lost because of a real estate agent, auctioneer, motor dealer or commercial agent; the agent's own complaint process has to be exhausted first, then a written claim is lodged. A dispute with an agent can also go to QCAT, the state's civil tribunal.

How long it takes

Queensland sets no standard settlement period; it is whatever the contract says. What stretches it: a finance condition with a long approval date, an inspection report that opens a negotiation, a body corporate certificate that arrives late, and the two business days after a failed auction in which a registered bidder gets no cooling-off. The cooling-off and contracts page has the dates in full.