FAQ
frequently asked questions
queensland conveyancing
*WARNING*
this is not legal advice – this is general advice only
FAQ
answering all your conveyancing questions
in words that actually make sense
what is conveyancing?
Conveyancing is the legal transfer of ownership from one party to another. It is a complex process, with many moving parts. From before signing a contract of sale, right through to the settlement (and beyond), it is so important to choose a law firm that will look after you, communicate to keep you up to date, and be by your side throughout the entire process.
It can be overwhelming, which is why you must do your research and pick a conveyancing team that has a five star reputation. Furthermore, buying or selling a home is often the biggest transaction someone will deal with in their life – making it all the more important to choose an experienced conveyancing firm that’s on your team!
Whilst technically you can represent yourself when buying or selling property in Queensland, we would never recommend someone attempt this – instead invest in choosing a trusted conveyancing team to protect you and guide you.
what does a conveyancer do?
In Queensland, a conveyancer represents either the buyer or the seller in a property transaction. There are many tasks that occur as part of the conveyancing process. Some of the main tasks include:
– Checking over the contract before signing the contract and negotiating special conditions and timeframes.
– Diarising critical dates and educating clients on what each milestone date means, what the legal implications are, and ensuring their clients rights are protected along the way.
– Communicating with the real estate agents throughout the entire transaction and keeping the agent up to date
– Liaising with the banks to either help release the mortgage for a sale, or arrange settlement funds for a purchase.
– Helping to navigate building & pest(if applicable) – helping the clients understand their legal obligations and educating and advising around the law for this condition. Also assisting with negotiations if building & pest issues occur.
– Preparing the transfer of land legal documentation that will be transacted as a part of the settlement.
– Ensuring the owner is advised regarding any tenants in the property – explaining the legalities of whether a tenant needs to be out of the property, timeframes etc.
– Attending to the removal of any caveats, mortgages etc – ensuring the Title is free of any encumbrances.
– Ordering searches– with council, the water company, body corporate, land tax and any other relevant searches for the property.
– Stamping the contract – advising and actioning the payment of transfer duty owing the QLD Government.
– Preparing the settlement statement – this is the adjustments for settlement for rates, water, land tax, body corporate, purchase price, deposits paid, etc to land on an exact figure that will be used to settle the property.
– Ensuring after settlement, all relevant authorities are contacted and any tasks finalised –i.e council rates, water authority bills paid, body corporate levies, land tax, etc.
As you can see, there is a lot of things happening here. This is why its soo important to pick a good conveyancer! Missing a deadline (by even one minute) could cost you your deposit, the deal falling over, and even getting sued for any losses suffered!
what is a buyer’s agent?
A buyer’s agent, like the name suggests, is an agent (representative) that works exclusively for the buyer. Buyers agents advocate for their clients, and help them to take away the stress of searching for properties, attending open homes, and then negotiating to secure a property to buy. A common problem that a buyers agent solves is eliminating the buyer needing to attend open home after open home weekend after weekend, without being able to secure a property.
Often, time poor individuals or those not confident to negotiate with a sellers agent will engage a buyers agent to help them find and secure a property. The buyers agent will advocate on your behalf to get you a competitive price for the property, and ensure it is a good fit for your needs/budget.
Good buyers agents often have a large network of sellers agents that they speak with to find properties that are “off market” (not yet advertised to the public), and are usually suburb or area specialists.
It is also becoming increasingly popular for first home buyers to engage a buyers agent – to obtain guidance and support throughout their buying journey.
what does a buyer’s agent cost?
There are usually several ways a buyers agent gets paid. Engaged by the buyer, a buyers agent is usually paid on either: a percentage of the purchase price, or a fixed fee.
It is common for a buyers agent to request an upfront deposit, and until they get paid, they do not commence work. Once paid the deposit, they will get a brief on what their client is looking for, and begin research to find a property.
Traditionally buyers agents get paid upon the contract becoming unconditional.
can you give me advice on my building and pest report?
Conveyancers in Queensland will definitely help their clients with the legalities of how to navigate the Building & Pest condition of a contract, as it is part of their role to educate and represent the client throughout the entire conveyance.
Often clients will find that after receiving their Building & Pest report, there are issues highlighted in the report that the inspector has uncovered. We are not experts in the actual Building or Pest inspection – that is why you engage and pay for a qualified inspector.
We always suggest clients to go back to their inspector to understand the costs/impact/severity of any issues that are uncovered, and then of course we will assist to help you negotiate and ensure you are protected legally!
can I come to your office and speak to someone in person?
Absolutely. We have three office locations – Spring Hill in the Brisbane CBD, Manly on Brisbane’s Bayside, and Bundall on the Gold Coast. All sites have parking available, and we encourage any clients that wish to come in for a face-to-face meeting to book in to one of our offices (whichever is most convenient) to come and get support.
We do not charge any extra for attending the office, and all of our offices have qualified witnesses that can assist with documentation signing and witnessing. In fact, we do not bill any extra for additional emails or phone calls – making our pricing competitive and giving our clients the peace of mind that they will not be charged extra to speak with us or ask any extra questions.
what is REIQ?
REIQ stands for Real Estate Institution of Queensland, and is Queensland’s peak real estate governing body (for over 100 years). The REIQ has standardised contracts for the purchase and sale of property in Queensland, and is the most common contracts that is seen for property transactions across the state.
The REIQ offers memberships, where members (usually Queensland real estate agents) gain access to training, advocacy and advice. The REIQ works to improve the property industry and works to advocate government policy reform.
The REIQ has a member & client base of almost 30,000 property professionals. This includes: principal licensees, salespeople, property managers, auctioneers, business brokers, buyers’ agents, residential complex managers, & commercial and industrial agents in Queensland.
Fun fact: the QLD real estate sector collectively directly employs over 46,000 people – which is the State’s second largest sector!
when do I need to insure the property?
For buyers, on a standard REIQ Contract, the property becomes at the risk of the buyers from 5.00pm on the next business day after contract has been signed.
Therefore, it is important that a buyer quickly insures the property, to make sure their interests are protected. We advise our clients immediately to obtain insurance over the property, to protect their interests. Some insurers will allow a 30 day cover note, allowing you to amend/cancel the policy without penalty.
When selling, despite the purchaser’s legal obligation to have the property insured, we always suggest all of our clients maintain insurance over the property. Until the conveyance is complete, it is still the vendor’s asset, and it should be
protected until settlement is complete. For the sake of an extra 30 days of payment of an insurance policy, you can he the peace of mind that your asset is protected.
Note that for non-REIQ contracts, the insurance clauses are usually bespoke – and should be checked every time to make sure you are protected and not at risk.
plumbing works
Let’s talk about the 4 tiers of plumbing works in QLD.
Permit work is the top tier of plumbing works in QLD. Before a plumber or drainer can start permit work, an application must be made to the local government by submitting a Form 1-Permit work application. The QBCC says that
Examples of permit work include:
- work associated with the construction of a new building or structure
- installing additional appliances or fixtures for a building connected to a combined drain
- installing additional appliances or fixtures for a building connected to a dual reticulated water supply provided by a water service provider
The next tier down of plumbing works in QLD are notifiable work, which is most work performed in existing buildings. Notifiable work is a category of regulated plumbing and drainage work that allows a plumber or drainer to perform the work without a local government permit or mandatory inspections. Notifiable work must be registered with the QBCC. Local governments access the notifiable work register for their program of audit inspections to monitor compliance of this work.
Next comes minor work – Minor work must be performed by a QBCC licensee but doesn’t need to be approved by the local government or reported to QBCC. Examples are unblocking sanitary plumbing or sanitary drain, repairing a broken or damaged pipe, or installing, removing or replacing an automatic switching device for a rainwater tank.
Finally, unregulated work – for example – replacing a shower head, a washer in a tap, installing or maintaining an irrigation system downstream from a tap, etc.
how long does conveyancing take in QLD?
In QLD, contracts typically settle 30 days from the contract date.
However, this is not always the case. Whilst typically a settlement for residential property does occur 30 days from the contract date, it is completely subject to negotiation. We have seen settlements as quick as 14 days, and as long as a few years (off-the plan settlements).
Sometimes when a seller is looking to also buy, then may want a longer settlement for their sale, so they have to find their next property.
Keep in mind that for quick settlements, its usually the finance advancing the funds for the buyer, and the local council that need time to get ready for settlement. This is because mortgage documents need to be created, executed and returned to a bank, and on the council side, they need to process searches and do a special water meter read – which usually take up to 10 business days to complete!
Tip for long settlements – often with off the plan matters, the seller typically calls for settlement with 14 days notice. This means you need to be ready to settle – so your finance approval needs to stay current. You do not want to be caught without having your money ready – or you could land yourself in hot water and be in breach of contract!
what is the contract date?
The contract date is the date the last party has signed the contract.
So let’s say there are two sellers and two buyers. When the fourth person signs the contract, whatever date that signature was completed will be the contract date.
The time of day that this signature occurs irrelevant.
Also, when the party receives a copy of the contact is also irrelevant for date calculation.
For example, if its 11am or 11pm, and its on 29 May 2024, the contract date is the 29 May 2024. Business hours do not matter when it comes to the contract date.
Fun fact: most contracts are signed electronically via Docusign, so the Docusign envelope will show the timestamp when the last part signed!
calculating cooling off in QLD
The cooling off period in QLD is a 5 business day statutory right that property purchasers have up their sleeve. If a buyer elects to termite under cooling off, there is a 0.25% of the purchase price penalty. Note: cooling-off periods can be shortened or waived, if the buyer agrees and signs a form, and cooling-off does not apply to auction purchases in QLD!
When calculating the cooling-off dates, the first business day is calculated from when the contract of sale is sent to the buyer on a particular day at any time. For example, if the contract is sent at 11pm on 29 May 2024, as long as that date is a business day (I.e not a weekend or public holiday), then it will count as the first of the 5 business days for cooling off! If it is sent on a non-business day, the first day of the cooling off will rollover to the next business day!
Fun fact – a follow-up sale after an unsuccessful auction (before 5pm on the second business day), in which the buyer was a registered bidder & option contracts (or a sale contract formed as the result of an option contract) are also exempt from the statutory cooling off period.
what is AFAD?
Obviously, I am talking about the Additional Foreign Acquirer Duty. More commonly referred to as AFAD. As at 01 July 2024, the AFAD duty increased, to 8% of the purchase price of a residential property in QLD. This means that, if you want to buy a $1M property, on top of the standard Transfer Duty you need to pay, there is an Additional Foreign Acquirer Duty of 8%. So, in this example $80k! That is on TOP of the regular Stamp Duty. You are “foreign” if you are not an Australian Citizen or Permanent Resident. You are required to pay AFAD if you are foreign.
There are some exemptions – for example if you are foreign and marrying an Aussie / Permanent Resident. If you want to know more about AFAD – we have done a blog on this topic in depth. Fun fact – before 01 July 2024, the AFAD rate was 7%! Need help with conveyancing? Empire Legal.
do I need property searches when buying a property?
You sure do. There are some essential searches that we include for you in our feeds as a property buyer in QLD. If you’re buying in a body corporate – we order a search to make sure the levies are paid by settlement. We also check the rates & water balance – and adjust any arrears owing so you don’t inherit the sellers bills! Same with a land tax search.
Did you know that land tax is tied to the property, not the individual? So if the seller has a big land tax bill and a search isn’t done by the buyers conveyancer to find it- guess who inherits it? Don’t get caught out. Pick QLD’s TRUSTED conveyancing team. Empire Legal.
is the conveyancer paying a referral fee to acquire you as a client?
If you’re being referred a conveyancer – ask this one question! Is the conveyancer paying a referral fee to acquire you as a client? If the real estate agent or mortgage broker is getting paid for referring business, are they actually referring the conveyancer because they are best, or because they are getting PAID?
Always ask if the referrer is getting a fee for the introduction. If they are – do more research! Don’t ever play yourself. Choose a winning conveyancing team you can TRUST. Empire Legal.
who is empire legal?
18 Queenslanders who have a passion for helping everyday Aussies buy and sell property across QLD. We are proudly 100% onshore – we don’t employ cheap overseas labour. We support local with every single team member being a Queenslander!
So when you ring us, we are the real people who you see on the website. We love Queensland – we are a family business – not a massive corporation or a franchise. Our passion is raising the bar to deliver the sunshine states BEST conveyancing experience. Still not convinced? Google us & read our 2,400+ 5 star reviews. Buying or selling? Empire Legal.
can I attend my pre-settlement inspection for my property purchase?
You sure can. We encourage all of our buyers to do a walkthrough pre settlement inspection. We suggest you do this as close to settlement as possible – so the day of, or the day before ideally, you’re legally allowed to – so make sure you do!
It’s your opportunity to check the property to make sure it’s in the same condition it was in when the contract of sale was signed. If something is not right – make sure you tell your conveyancer asap BEFORE settlement – so we can make sure you’re legally protected before the deal settles and it’s too late! Pick TRUSTED conveyancers. Empire Legal.
can you do it cheaper?
I got a letterbox drop for conveyancing and it’s cheaper than you. When it comes to the service, some people want cheap. And that might be fine. Until it’s not.
Example? Let’s say you want veneers. But you don’t want to pay for the experienced dentist with the reputation, so you go with the cheap guys. They don’t have the best Google reviews but that’s co – they are cheap. They ruin your smile and it ends up costing you a pile of cash to get a good dentist to come in and fix it. Plus you pay with stress & worry. Probably not the vibe. Well not our clients vibe at least.
So no, sorry we won’t do it cheaper. But we will do it BETTER than the el cheapos. Choose a conveyancing team with a reputation that has been built on trust. Empire Legal.
are carparks included in my unit purchase?
If you are buying a unit in QLD – listen up. Make sure you check if your carpark/s are included with the unit purchase! There are two different types of ways a carpark is “assigned” in Community Title Scheme’s. One is whether the carpark forms part of the Lot.
The Lot is the actual area of land you own. If the carpark is specifically outlined on the Registered Plan, then it forms part of the Lot and it’s yours! If it’s not, then it technically belongs to the body corporate, and sits on common (shared) property.
It is usually assigned to a lot as “exclusive use”. Keep in mind – this means that if the Body Corp votes to say, take that carpark away from your exclusive use…too bad so sad! You don’t own that space, unless it’s part of the Lot! Questions? Slide into our DMs. We love it when you slide into our DMs. Buying or Selling QLD property? Empire Legal.
what do you cost?
You can see the pricing on our website – www.empirelegal.com.au/pricing. Jump on and check it out – it’s really easy – you can even email yourself all of the info as a quote right from the pricing page!
Rule of thumb – to engage us, you will need approximately $1,200 to sell your property, and about $2,200 to buy! Yes that includes the standard searches & GST. Nothing more required to be paid to us. Whilst some of our competitors may be cheaper – we are transparent.
What you see is what you get. We pride ourselves on delivering QLD’s best conveyancing experience. Our pricing is all online, our file handlers are experienced, and we are backed by 2,500+ 5 star google reviews. Pick a conveyancing team you can trust.
how do I buy/sell if I live overseas?
The main difficulty is arranging to get the paperwork sorted that allows us to sign the transfer of land documents for settlement on your behalf.
If you’ve used us in the last two years – no action is required! If not, you will need to visit an Australian Consulate or Notary Public.
Given this can take weeks to arrange depending on location and availability – we suggest it be actioned asap! We are well versed with helping overseas buyers and sellers, and would love to help. Make your conveyancing stress free. Pick the team you can TRUST. Empire Legal.
rates/water/body corp - what happens after settlement?
Do I need to call the council to tell them I am the new owner so I get sent my rates bill? No you don’t. The council rates and water utility company are notified by Titles Queensland once the official change of ownership takes place in the registry.
So when a property settles and there is a new owner, Titles informs the council and the water authority of the new owner, so they get the new bills! Keep in mind, this can take a little bit of time to filter down through the authorities, so won’t happen immediately.
what is view tax?
High rise mayhem! Gold Coast residents – listen up. Last month, August 2024, High-rise apartment owner occupiers in the Gold Coast Council area who live on the 40th floor or above face a rate increase of up to 50%. This is an extra $10-$13 a week in rates, or $500-$700 a year.
Residents on levels 5-10 face a 10% increase, and those on floors 11-20 have seen a 30% hike! Levels 21-40 will pay 40% more in taxes. Great news if you are on level 4 or below – no rates change. More than 12,000 high-rise apartments have been included in the revised rate categories.
what is an ATO clearance certificate?
An ATO Clearance Certificate for Queensland property, once obtained, clears a vendor who is selling their property with a market value at $750,000 or more from any tax withholdings as part of the conveyance.
The purpose is to capture foreign residents who have capital gains when selling a property, and withholding those monies at the time a property is sold. It can take up to 28 days to obtain an ATO Clearance Certificate, and each vendor must apply for one, through the ATO website.
Unless each seller provides a clearance certificate by settlement, 12.5% of the purchase price is legally obliged to be withheld at settlement, and submitted to the ATO.
NEW LAW ALERT: from 01 January 2025, the law is changing, so that EVERY sale in Queensland will require an ATO Clearance Certificate, regardless of the sale price!
what is the foreign investment review board (FIRB) update?
The Australian Government has implemented changes to the foreign investment framework to increase Australia’s housing stock and provide more homes for Australians. On 01 July 2024, the laws changed.
Foreign Investment Review Board (FIRB) fees have TRIPLED for the purchase of established homes – from 09 April 2024.
- For example, for a property priced up to $1m, the FIRB application fee is now $44,100.
- For a $1-2m property was $28,200 in FIRB fees – now $84,600!
- This works on a scale, that you can find on the Government website.
- For example, a foreign person buying a $6-7m property will pay a whopping $531,000 FIRB application fee!
These amounts are of course on top of the standard transfer duty fees payable, and a foreigner (anyone not an Australian Citizen or Permanent Resident), will also need to pay AFAD, which is Additional Foreign Acquirer Duty, of 8% of the purchase price as an extra.
For a $1m purchase in Queensland, it would be $30,850 for the transfer duty, $44,100 for the FIRB application fee, and an extra $80,000 in AFAD!
Note there are some exemptions – I.e. spouses who are Australian Citizens or Permanent Residents. We have done a blog on this – just search AFAD on the blog section of our website to find it!
The Australian Government is really penalising foreigners from buying with these hefty fees – giving Aussies a fair go to be property owners and live the Australian dream!
can I contact the other side’s solicitor?
There are a set of conduct rules that Australian Solicitors must follow.
Today I want to highlight Rule 33 – Communication with another solicitor’s client.
- A solicitor must not deal directly with the client or clients of another practitioner unless:
- the other practitioner has previously consented;
- the solicitor believes on reasonable grounds that:
(i) the circumstances are so urgent as to require the solicitor to do so; and
(ii) the dealing would not be unfair to the opponent’s client;
- the substance of the dealing is solely to enquire whether the other party or parties to a matter are represented and, if so, by whom; or
- there is notice of the solicitor’s intention to communicate with the other party or parties, but the other practitioner has failed, after a reasonable time, to reply and there is a reasonable basis for proceeding with contact.
So, keep that in mind guys! If you are a client of a law firm, you cannot make contact with the other side solicitor! By the same token, the other solicitor cannot make contact with you, except for in the scenarios listed above.
More info below:
is there a penalty for foreigners who buy property in Australia and have it vacant?
Is there a penalty for foreigners who buy property in Australia and have it vacant? There sure is.
Vacancy fees for residential dwellings purchased after 9 May 2017 will double from the January 2024 tax year.
A vacancy fee is intended as a financial incentive for foreign owners to make their residential dwelling in Australia available for rent. This will increase available housing in Australia. By making your dwelling available for rent, you may not need to pay the fee.
You may need to pay a vacancy fee if your residential dwelling is not:
- residentially occupied
- genuinely available on the rental market
- rented out for 183 or more days (6 months) in a 12 month period.
A vacancy fee may also apply if the vacancy fee return is not lodged by the due date. Note: this must be done annually.
The annual vacancy fee is DOUBLE the Foreign Investment Review Board FIRB application fee! This is great – deterring foreigners from buying properties in Australia and allowing them to sit vacant…instead encouraging (through hefty penalty fees) the properties to be occupied, either via the owner, or in the rental pool.
More info here: https://www.ato.gov.au/individuals-and-families/investments-and-assets/foreign-investment-in-australia/vacancy-fee-return-for-foreign-owners
There are a set of conduct rules that Australian Solicitors must follow.
Today I want to highlight Rule 33 – Communication with another solicitor’s client.
- A solicitor must not deal directly with the client or clients of another practitioner unless:
- the other practitioner has previously consented;
- the solicitor believes on reasonable grounds that:
(i) the circumstances are so urgent as to require the solicitor to do so; and
(ii) the dealing would not be unfair to the opponent’s client;
- the substance of the dealing is solely to enquire whether the other party or parties to a matter are represented and, if so, by whom; or
- there is notice of the solicitor’s intention to communicate with the other party or parties, but the other practitioner has failed, after a reasonable time, to reply and there is a reasonable basis for proceeding with contact.
So, keep that in mind guys! If you are a client of a law firm, you cannot make contact with the other side solicitor! By the same token, the other solicitor cannot make contact with you, except for in the scenarios listed above.
More info below:
can I lease out my property whilst claiming the Home Concession?
Leasing out property whilst claiming the Home Concession:
Guys, there has been an exciting new update to the HOME Concession transfer duty requirements.
Leasing, renting or granting exclusive possession of the property
- Before you move in: You are not able to lease, rent or otherwise grant exclusive possession of all or part of the property before you move in.
- After you move in:
- You are able to lease, rent or otherwise grant exclusive possession of part of the property, providing that the lease arrangement starts between 10 September 2024 and 30 June 2025, and you continue to live in the property. Where the lease arrangement starts outside this period, you may lose the concession.
- You are not able to lease, rent or otherwise grant exclusive possession of all of the property within 1 year after you move into the property.
So, for example, you can rent a room out, or even a few rooms out, so long as you are also living in the property, and you were living there before your roommate/s moved in. In this scenario, you still keep the benefit of the Home Concession, and you do not need to notify the QLD Revenue Office.
what are the new ATO clearance certificate laws starting on 01 January 2025?
The current law states that 12.5% of the purchase price is to be withheld and paid to the ATO from a property settlement where the sale price is over $750,000, if each vendor does not produce a valid ATO Clearance Certificate by settlement.
However, this is changing on 01 January 2025, to be required for ALL properties sold in Queensland, regardless of the sale price. So if your house is being sold for $1, or $10m, each vendor will need an ATO Clearance Certificate, or 15% of the purchase price will be withheld and paid to the ATO. This is the law guys – no way around it!
You NEED a good conveyancing team who knows what they’re doing to protect you and guide you through the transaction. Imagine selling your house for $1m, but you didn’t get the ATO clearance certificate in time, so $150,000 has to be sent to the ATO. And you can’t get it back until you do your next tax return!
Don’t play yourself. Pick Queensland’s trusted choice for conveyancing – Empire Legal!
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what has to be handed over at settlement?
Keys and property settlements. What has to be handed over at settlement? For a standard REIQ contract of sale, “Keys” is defined as: “key codes or devices in the Seller’s possession, or control for all locks or security systems on the property or necessary to access the property.”
This means the seller must hand over not only the keys in their possession, but also garage remotes, codes to alarms, door & gates etc. If for example there is a locking door that does not have a key, or a garage door has a lost remote, there is no obligation for the vendor to provide one!
It is normal for the real estate agent to hold the keys at settlement, so once the matter officially settles, the buyers can go and collect the keys from the real estate agent!
Sellers, when you’re handing over your keys, don’t forget the letterbox key!
Pick a conveyancer you can trust. Buying or selling? Empire Legal. Queensland’s trusted conveyancing choice.
is PEXA a place for settlement?
Let’s revisit a topic that people are still getting wrong every day – place for settlement. The place for settlement section on an REIQ contract is reserved for a physical place.
For example, Brisbane, Gold Coast, etc. I see all the time people writing “PEXA” as a place for settlement.
Guys, PEXA is not a place. You cannot write it as the place for settlement. It is incorrect.
It is important that a physical place is put in this section, as the physical place can be affected by regional public holidays.
For example, we have the Ekka holiday on a Wednesday, but the Gold Coast does not. They have the Gold Coast show on a Friday!
If PEXA is written, then there will be issues with the lawyers as to which public holiday applies. If someone tries to tell you that writing PEXA is correct, they are wrong. No two ways about it.
what are the Christmas shutdown dates?
For those who subscribe to our blogs, you would have seen that we did a blog a month ago (Oct ’24) on everything you need to know about the Christmas shutdown period. This is a short version of the key dates you need to know.
The last business day for the year is 24 December 2024. From Christmas Day, to New Year’s day inclusive, the industry is shut down. Business reopens at 9.00am on 02 January 2025. A lot of law firms are staying shut for the first two weeks of January. But not us! We reopen at 9.00am on 02 January 2025, ready to take your emails and calls. You will find this info in our cool Christmas email signatures, and also in the FAQ section of our website!
By the way, our offices are appointment only from 02 January to 20 January 2025. If you want to learn more about the shutdown period, find the blog on our website!
why is it important to give my correct address when purchasing?
If I am buying a property why is it important to give my correct address? Great question George. The reason we ask you on your questionnaire for your future address, is so that we can ensure the relevant authorities know where to send notices, so they reach you. And by notices, I mean bills. Gross I know – but if the address is incorrect – guess what – you don’t receive the bills!
Which sounds great, until you get rates, water and body corporate levies, which are all accruing interest because they are overdue!
Tip: some body corporate levies also allow a discount if you pay on time, so make sure you check out the levy as soon as you receive it – you may be able to save yourself a sneaky 10-20%!
how many women are in conveyancing?
This FAQ is all about the ladies….
Lets rewind, to 37 year ago….
Back in 1987, the Australian Bureau of Statistics (ABS) surveys show female conveyancers held a minority, with 47% of the 3,590 workforce.
Latest ABS data shows the number of female conveyancers makes up 83% of the 21,151 total.
That’s right, we had 3,500 people in the conveyancing industry in QLD in 1987, and now we have over 21,000.
With over that 4 out of every 5 professionals in our industry being female!
You may know that at the time of writing this, of our team of 18, I am the only make, making Empire Legal exactly 94.4% female.
So, as the instagrammers / Gen Z’s say, YTG, or “Yeah the Girls”.
Shoutout to Australian Conveyancer for providing the content for today’s FAQ Friday.
how do I know if I am buying or selling a property with a Trust deed?
Are you buying or selling a property in Queensland with a Trust deed? If you are wondering if you are, it’s easy to tell. If the buying or selling entity has the wording “as trustee”, then a Trust Deed is involved!
If this is the case, you will need to make sure you have a certified copy if you are buying, as we need to hold a certified copy. Why you ask? Well, because it’s a requirement of the Titles Office!
So be prepared and either find the original, or get a certified copy over to our office nice and early in the conveyance. People sometimes misplace these trust deeds, especially if they are old. The last thing you need to do is to be stressed out trying to locate it close to settlement, as we cannot settle without it!
Good news if you are selling, we just need a copy (not certified) for our records!
how fast can I settle a property in Queensland?
So, you want to settle your Queensland property as fast as possible – but how fast is fast? A standard contract usually settles in 30 days. Of course, the settlement timeframe is subject to negotiation between the parties.
You can settle as soon as the slowest part of the transaction. The banks are usually the slowest piece of the puzzle. Whether you are applying for a new loan to purchase, or discharging a mortgage, one should allow at least 10 business days as a minimum.
Furthermore, on the purchase side, searches need to be ordered. In particular, a special water meter read search needs to be obtained, where someone from the water utility company literally has to attend the property and read the water meter. Again, we suggest 10 business days as a safe amount of time to get these searches back.
On the sale side, each vendor needs an ATO clearance certificate, which usually comes back within a few days, but can take longer.
Therefore, we suggest 21 days would be “safe” timeframe for a fast settlement, however in certain circumstances a settlement could happen within 14 days.
how first home buyers can get $309.30 back in Brisbane City Council
Today’s topic is great for first home buyers. We’re talking about saving $309.30 if you’re in Brisbane City Council, so what is it?
It’s an establishment fee that the Brisbane City Council charges when you buy your first home. Well, everyone that buys has to pay this fee but if you’re a first home owner, you can fill out a form and get $309.30 back.
You’re eligible for this if it’s your first property, if you’re at least 18 years of age, you’ve never held property in Australia before and the purchase price is less than $750,000. You have to submit the application within 12 months of the Title transfer.
Here is the direct link to fill out the form: https://www.brisbane.qld.gov.au/about-council/council-information-and-rates/rates-and-payments/rate-account-and-services-establishment-fee
do I need to come in and see you face to face?
Well – the answer is no! Whilst we’d love to meet and see all of our clients, we understand the people are busy. That’s why we’ve engineered our firm in a way where you don’t have to come in and see us.
Of course, if you prefer to – we can set up an appointment which cost you nothing extra to come in face-to-face. However, as we are a tech friendly firm, everything is set up electronically so you don’t have to leave the comfort of your home to take care of all the paperwork!
Fun fact – we can even do your verification of identity right from your smart phone. The Empire Legal client experience is at the forefront of every decision we make – pick a conveyancing team you can trust. Over 2,500+ people have rated us 5 stars on Google – click the link in the bio for more FAQs!
VOI - what is it and why do I need it?
We need a Verification of Identity (VOI) certificate to be completed by each client, prior to Settlement for our conveyancing matters. This is so we can confirm you are who you say you are. Naturally, with cybercrime being soo prominent, law firms have an obligation to ensure they validly identify their clients, and that that person has a right to deal with the land. You wouldn’t want an imposter pretending to be you, to sell your house and take the sale money!
There are two options available:-
1. IN PERSON VOI – you may arrange an appointment to attend any of our offices with the appropriate original ID documents, for the VOI to be completed with a qualified witness from our office; OR
2. REMOTE WEB VOI – you can complete a VOI using a remote verification service from your home without attending a witness. This service will allow you to use your smart phone to upload copies of your identification documents and a selfie and will use biometric facial recognition and passport chip technology to verify your identity. Note there is a fee of approx. $16 per person for use of this service. Most clients choose this option, as it’s quick and easy. For the Remote Web VIO, we use a company called LiveSign. All you need is your smartphone!
You will need 100 points of ID, regardless of which option you pick!
NOTE: If we have received original certified Verification of Identity documents from you within the last 2 years you won’t be required to do this again.
stamp duty vs. land titles registration fees QLD
When buying property in Queensland, many focus on Transfer Duty but overlook Land Titles Registration Fees. These separate charges are essential for completing your transaction.
What is Stamp Duty?
Stamp Duty, or Transfer Duty, is a tax on property purchases, calculated based on the purchase price. First-home buyers may qualify for concessions. The rate differs depending on the property value.
What are Land Titles Registration Fees?
These fees register the change of ownership with the Queensland Titles Office, and must be paid to the Titles QLD as part of the conveyancing process for the Transfer of Land. As at January 2025, this fee starts at $231.98 (for properties under $180,000) and increases based on the property value. For example, on a $1m property, the registration fees are $3,803.90. For a $500k property, the fee is $1,625.90. This is of course ON TOP of the Transfer Duty payable!
Why Buyers Overlook These Fees
Many focus on Stamp Duty and forget registration fees, which are not included in loan approvals. Ensure you have sufficient funds at settlement.
Plan Ahead
- Get a cost breakdown from your conveyancer.
- Use online calculators to estimate expenses.
- Budget accordingly to avoid surprises.
Final Thoughts
Understanding both Stamp Duty and registration fees ensures a smooth property purchase. At Empire Legal we provide full transparency—contact us for expert guidance!
pool safety certificate vs. council approval – what’s the difference?
If you’re buying a property with a pool in Queensland, don’t assume that a Pool Safety Certificate means the pool is fully approved! Many buyers make this mistake, and it can lead to costly surprises.
A Pool Safety Certificate simply confirms that the pool barrier meets Queensland safety standards at the time of inspection. However, this does not mean the pool itself has council approval. The council approval process ensures the pool was legally built with the necessary permits and complies with local planning laws.
Before purchasing a property with a pool, always check: Pool Safety Certificate – Ensures compliance with safety regulations. Council Approval – Confirms the pool was legally built and approved.
If the pool lacks council approval, you could be responsible for rectifying non-compliance after settlement.
what is the PEXA fee?
If you’re buying or selling a property in Queensland, you’ve probably heard of PEXA—but what is the PEXA fee, and why do you have to pay it?
PEXA is Australia’s online property settlement platform, allowing transactions to be completed securely and efficiently without paperwork or in-person meetings. The PEXA fee is a mandatory charge that covers the cost of using this system to process your settlement.
For buyers and sellers, this fee varies depending on the type of transaction. For a standard property sale or purchase, as at February 2025 it costs $137 per party. Unlike some fees in a property transaction, the PEXA fee is not set by your conveyancer—it’s a fixed cost directly charged by PEXA.
The benefit? Faster, more secure settlements, with real-time tracking and reduced risk of delays. At Empire Legal, we handle everything for you, ensuring a smooth settlement through PEXA so you can focus on your next move!” Buying or selling – Empire Legal. Check out our website for more FAQs!
what is a cyber alert?
The first email we will send to you explains our cyber alert and our best tips to protect our clients from cyber crime.
Hackers can impersonate law firms and alter electronic communications to steal money.
To reduce this risk, as per our insurers instructions, we ask out clients to follow these steps when transferring funds:
🔹 DO NOT transfer over $10,000 without first calling the sender on a verified number to confirm payment details.
🔹 Warn anyone else involved in the transaction about these risks – banker/broker/agent/family/accountant etc.
🔹 Always verify phone numbers from an independent source, not from emails or documents requesting payment.
🔹 Be cautious with unexpected emails—confirm legitimacy before opening links or attachments.
🔹 If anything seems suspicious, contact Empire Legal immediately.
Empire Legal will never transfer funds without verbal confirmation. Ensure you’re contactable to avoid delays.
By following the above tips, you can ensure you are as protected as possible against a cyber attack.
can I buy furniture as part of a property sale in QLD?
When buying property in Queensland, transfer duty applies to dutiable transactions under the Duties Act 2001.
What about chattels? Chattels (movable items like furniture or appliances) are considered dutiable if:
- They’re included in a transaction involving other dutiable property (e.g., land or a home).
This means, that if you include furniture in the purchase, they will form part of the Dutiable value of the property. This includes things like –
- Furniture, curtains, carpets
- Appliances like fridges and dishwashers
- BBQs, pool cleaning equipment, home gyms, etc.
However, items used commercially or separately from the home—like cars, boats, caravans or farm equipment—don’t qualify and do not form part of the “dutiable value”.
Further information is available here where the Commissioner of State Revenue explains the Public Ruling in detail.
This means that say you buy a house for $1m, and also decide to purchase $50,000 worth of furniture; the dutiable amount for transfer duty will be calculated based on $1.05m.
If the items are listed as “included chattels” on the contract, and the price reflects the agreed amount including the chattels, then there is no issue. The problem typically occurs after a contract is signed and the buyer decides to purchase the furniture. In this instance, the correct way to manage the addition of the chattels is to amend the contract to include the chattels, and also to amend the price to reflect the aggregated amount!
can a real estate agent take instructions on behalf of a vendor?
Recently only 2 months ago (January 2025), a QLD buyer lost their $98,500.00 deposit, even though the vendor’s real estate agent said it was OK for the deposit to be paid past the contracted deadline. It was found that the vendor’s real estate agent did not have authority from the vendor to send such text messages.
Case name: Evans v Jan – [2025] QSC 31
QUICK FACTS:
1. The buyer signed a contract to purchase a property and had to pay a deposit by a due date – an essential term of the contract.
2. The buyer sent the deposit payment late, believing the text conversation with the agent “approved” the extension of time for payment of the deposit.
3. The buyer paid the deposit after the deadline had passed.
4. The seller formally notified the buyer that as the buyer did not pay the deposit by the true due date as per the contract, the seller elected to terminate the contract, and keep the deposit.
𝗖𝗼𝘂𝗿𝘁 𝗗𝗲𝗰𝗶𝘀𝗶𝗼𝗻
The Court found that the text messages did not bind the seller. Why? The agent lacked the authority to change deposit deadlines on the seller’s behalf. Unless formally agreed between the parties (via their lawyers), a change to property contract terms cannot legally occur.
Result: The buyer lost their deposit. The seller kept the deposit and the buyer lost the property.
The lesson here?
1. Read the contract. If the contract says you need to pay a deposit by a deadline, you must make that payment(in full) by the deadline! If you cannot pay on time, talk to your lawyer before you proceed! If you have engaged a law firm for your conveyancing, they are your trusted advisors. Your legal representatives sole job is to protect your interests. Not the agent, not your broker, not the other party. In this instance, it was $100k mistake, and they lost the property!
Want to read the judgement? Check it out here.
does cheaper equal better?
A buyer contacted us a few days after putting a property under contract. He needed time sensitive legal advice.
After talking through next steps and getting a game plan to move forward and get him out of a potentially sticky situation, he says – ”Actually, I already have a quote for cheaper. Can you match it?”
We explained to him that we do not discount our professional service, and instead backed the expertise and reputation of our firm, as the TRUSTED choice for Queensland conveyancing.
There’s always a cheaper service.
- Buyers’ agents get told: “Why pay a Buyer’s Agent when I can search myself for free?”
- Selling agents get told: “The other local agent is offering a cheaper commission, can you match it.”
- Mortgage brokers get told: “Another bank has a cheaper interest rate.”
It doesn’t matter what industry you are in, there will always be cheap options.
We told him if he is price driven, instead of results driven, then maybe he should go to cheaper firm.
He didn’t engage our firm that day.
The next afternoon, after failing to get the cheaper guys to talk through his legal concerns or return his calls, he came onboard as a client.
Moral of the story. There’s always a cheaper guy.
Cheap doesn’t mean good.
Talented professionals will naturally cost more than someone less skilled.
Spend your money on the people with the reputation for results!
do first home buyers pay transfer duty on new properties?
From 1 May 2025, first home buyers who enter into a contract to purchase a new home to live in (or vacant land on which to build a home to live in) will be able to apply for a full transfer duty concession (reducing the duty to nil).
First home buyers in Queensland are already eligible for a stamp duty waiver when purchasing a used property under the value of $700,000, and a discounted transfer duty rate for homes valued between $700,000 to $800,000.
A vacant land concession has also been available in the state on residential lots valued up to $500,000 for eligible first home buyers.
So now, with the new changes, first home buyers who enter into a contract to purchase a new home to live in or vacant land on which to build a home will be able to apply for a full transfer duty concession, reducing the duty to nil.
This is a significant saving – a couple of examples – first home buyer purchasing a new house and land package in Toowoomba at the median price could save $24,730.
In Brisbane, buyers can save $26,000 when purchasing a new build at the median price, and $32,500 on the Gold Coast.
It is estimated about 3,000 first home buyers will benefit from the changes each year.
