Residential Conveyancing
Property Law
Key Takeaway
Buying or selling a home is one of the most significant financial transactions you will ever make.
Buying or selling a home is one of the most significant financial transactions you will ever make. Our residential conveyancing team manages the legal process of property transfer from contract review through to settlement, ensuring your transaction is completed efficiently, securely, and with your best interests protected.
Whether you are a first-home buyer, upsizing, downsizing, or an investor adding to your portfolio, our conveyancing solicitors provide clear advice and meticulous attention to detail throughout the transaction. We handle all aspects of the transfer process, coordinate with lenders and real estate agents, and ensure all legal requirements are met for a smooth settlement.
The Conveyancing Process
The residential conveyancing process in Queensland typically begins with the contract stage, where we review the contract of sale, identify any concerning special conditions, and negotiate necessary amendments. During the due diligence period (usually 14-21 days), we conduct property searches including title, town planning, building, and rate searches. We review building and pest inspection reports and advise on their implications. As settlement approaches, we coordinate with your lender, prepare the settlement statement, and arrange payment of stamp duty. On settlement day, we effect the electronic transfer of funds and registration of the transfer, then provide you with a complete post-settlement file.
Protections for Buyers in Queensland
Queensland law provides several protections for residential property buyers, including a statutory cooling-off period of five business days for private treaty sales, during which the buyer may withdraw from the contract subject to a penalty (typically 0.25% of the purchase price). The Property Occupations Act 2014 requires real estate agents to act honestly and fairly. Contracts must include warnings about building and pest inspections, and the vendor must disclose certain defects. We ensure our clients understand these protections and advise on the steps needed to preserve their rights throughout the transaction.
First Home Buyer Assistance
First home buyers in Queensland may be eligible for stamp duty concessions and the First Home Owner Grant (FHOG) of up to $15,000 for eligible new homes. Eligibility criteria include property value thresholds, residency requirements, and income caps. We assist first home buyers in understanding their eligibility, completing the necessary applications, and ensuring the transaction structure preserves their entitlement to concessions. We also explain the conveyancing process in clear terms, helping first-time buyers navigate what can otherwise feel like an overwhelming transaction with confidence.
Residential Conveyancing FAQs (Queensland Law)
What is the standard residential contract in Queensland?
At our firm, the standard residential contract in Queensland is the REIQ (Real Estate Institute of Queensland) Contract for Houses and Residential Land. It covers the sale price, deposit, settlement date, special conditions, and dispute resolution. Most agents use this form with additional special conditions.
What is the cooling-off period for residential purchases?
Our team advises buyers on their rights in residential property transactions. Queensland law provides a 5-business-day cooling-off period for private treaty residential sales. a 5-business-day cooling-off period for private treaty residential sales. The buyer can withdraw within this period but forfeits 0.25% of the purchase price as a penalty. No cooling-off period applies for auction purchases.
What building and pest inspections are needed in Queensland?
Under the Building Act 1975 (Qld), our team advises that buyers should obtain building and pest inspection reports before settlement. A building inspection checks structural integrity, termite damage, and compliance with building standards. A pest inspection checks for termites and other infestations.
How does the settlement process work in Queensland?
At our firm, settlement in Queensland is typically conducted electronically through PEXA (Property Exchange Australia). On settlement day, the purchaser pays the balance of the purchase price, the vendor transfers title, and stamp duty is paid. Settlement usually occurs 30-90 days after contract signing.
What stamp duty applies under the Duties Act 2001 (Qld)?
At our firm, stamp duty (transfer duty) is calculated on the propertys value under the Duties Act 2001 (Qld). Rates are progressive, starting at 1% for properties up to ,000 and increasing to 5.75% for properties over million. First home buyers may qualify for concessions.
Residential Conveyancing Services
- Contract review and advice for buyers and sellers
- Title searches and property identification
- Stamp duty assessment and payment
- First Home Owner Grant (FHOG) applications
- Mortgage documentation review and liaison with lenders
- Building and pest inspection coordination
- Adjustment of council rates, water charges, and body corporate fees
- Settlement attendance and electronic lodgement through PEXA
- Transfer registration at the Queensland Titles Registry
- Pre-settlement inspection coordination
- Caveat lodgement and removal
- Post-settlement file with registered documents
Last updated: July 2026
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