Queensland Conveyancing FAQ

frequently asked questions

queensland conveyancing

*WARNING*
this is not legal advice – this is general advice only

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Got questions about Queensland conveyancing? You are in the right place. Our FAQ covers the most common questions about buying and selling property in Queensland. Browse the topics below to find what you need. We cover everything from signing a contract to settlement day. Can’t find your answer? Call us on 07 3088 7675 or use our contact form.

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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.

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!

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.

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.

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!

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.

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!

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.

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.

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!

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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!

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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.

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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.

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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.

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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.

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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 2,950+ five-star Google reviews. Buying or selling? Empire Legal.

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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.

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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.

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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.

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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 2,950+ five-star Google reviews. Pick a conveyancing team you can trust.

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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.

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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.

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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.

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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!

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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!

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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:

https://www.qls.com.au/For-the-profession/Ethics-resources

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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:

https://www.qls.com.au/For-the-profession/Ethics-resources

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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.

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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!

Make sure you subscribe to follow us on YouTube, or sign up to our blog to keep up with the latest tips and tricks for property law in QLD!

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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.

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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.

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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!

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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%!

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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.

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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!

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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.

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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

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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!

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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.

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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!

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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.

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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!

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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.

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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!

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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.

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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.

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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!

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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.

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From 6 June 2025, Queensland property professionals must complete two approved CPD (Continuing Professional Development) sessions each year to maintain their licence or registration. This applies to real estate agents, salespeople (including property managers), auctioneers, and resident letting agents.

Exemptions:
You may be exempt if:

  • Your licence is less than 12 months old.
  • Your licence was deactivated for most of your CPD year.
  • You hold a limited real estate agent licence for affordable housing or business letting.
  • You represent public sector agencies or are an official licensed under the Property Occupations Act 2014.

You can also apply for an exemption for any given year if you couldn’t complete your CPD due to exceptional circumstances. To apply, you must provide evidence of the exceptional circumstances with your application to renew or restore your licence or registration.

Exceptional circumstances are both unforeseeable and unavoidable. Failing to plan or manage your time is not considered an exceptional circumstance. We’ll publish further guidance about exceptional circumstances before the requirement begins.

Approved CPD Sessions:
There are two types of sessions:

  • Type 1: Accredited units or condensed versions delivered by registered training organisations.
  • Type 2: Sessions that enhance industry-relevant skills.

You must complete either one Type 1 and one Type 2 session, or 2 of the Type 1 sessions.

Proof of completion must be kept for five years and shown to the Office of Fair Trading upon request.

Stay ahead of the game—know your CPD requirements to keep your licence active!

Agents, your CPD year is individual to you – meaning that say you got your real estate license on 21/03/25, your first CPD year will begin on 21/03/2026 and you must complete your CPD training by 20/03/2027. There is a CPD calculator on the OFT website – we have put the link in the FAQ’s section of our website.

Any CPD you complete before your first CPD year starts won’t count towards your mandatory requirements.

For more info, please check out the Queensland Government’s continuing professional development for the property industry.

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Contracts for the sale of residential property in Queensland are subject to a five business day statutory cooling off period – unless expressly waived by the buyer or where the property is sold, subject to auction conditions.

The statutory cooling off period starts on the first business day the buyer receives a copy of the contract that is signed by all parties, and ends at 5:00PM on the fifth business day. Where the fifth day after a buyer receives a copy of a fully executed contract is a Public Holiday, the statutory cooling off period will expire on the next business day (it rolls over).

Keep in mind that if the end of the cooling-off period falls throughout the Easter break Public Holiday period of the Friday to Monday inclusive, it’s going to default to the Tuesday (the next business day). Agents should therefore ensure they retain adequate records evidencing the date of delivery of the signed contract to the buyer in order to properly respond in the event that a dispute arises surrounding the effective period of the cooling-off.

Obviously email is the normal method that real estate contracts are distributed – so it’ll be in your emails. This same formula applies for any conditions – Building & Pest, Finance, and even Settlement! So if they fall over the Easter Long weekend, they will default to the Tuesday after the Easter long weekend.

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Agencies can operate as normal over Easter, including holding open homes and auctions. However, under the Trading (Allowable Hours) Act 1990 (Qld), real estate sales work is prohibited on ANZAC Day – this includes open homes, phone calls, and emails about sales. Agents, on ANZAC day you can’t even work from home – you’re not allowed to respond to sales emails or calls! Leasing work is allowed.

 

What are staff entitled to if they work a Public Holiday? Under the Real Estate Industry Award 2020, full-time, part-time, casual, and commission-only employees must be paid double time, with a minimum of three hours’ pay. Penalties apply for non-compliance—up to $18,780 for individuals or $93,900 for companies.

So on Friday 25 April 2025, hang up the suit, and celebrate ANZAC day!

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We just found out last week there is a law firm in Queensland this is giving $200 per referral. How wild is that. Talk about paying for business! I wouldn’t want to be the guys giving $50 or $100… once they find out the firm that is giving $200 per deal, they will for sure lose business.

At Empire Legal, we believe for longevity in business – we are going to be around for a long time. It is not a sustainable, or ethical business model to pay for clients. Instead, we focus on forging real relationships – being there to help and support our real estate agents, bankers, brokers, and of course our clients.

Thank you to everyone that has supported, and continues to support Empire Legal, allowing us to represent your clients to deliver QLD’s most trusted conveyancing experience. Our results speak for themselves – 2,950+ five-star Google reviews – and we don’t pay for our business!

Queensland has kicked off 2025 as the national leader in property market performance, recording the highest volume of settlements (43,530) in the country – thats huge! This shows clear proof of strong buyer activity and confidence. When you consider the populations in NSW and VIC are much higher than QLD, that’s a great achievement for the Sunshine State! Greater Brisbane bucked the trend with continued month-on-month growth, showing the city’s resilience and sustained demand.

Furthermore, digital conveyancing is on the rise, with over 80% of all property transfers in Australia now being processed through PEXA. In Queensland, PEXA is mandatory, facilitating over 99% of transactions.

This shift is streamlining the settlement process, making it faster, safer, and more efficient for everyone involved. At Empire Legal, we embrace technology to ensure our clients benefit from a seamless, modern settlement experience in this fast-moving market.

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It’s uncommon, but it does happen — and no, the contract doesn’t automatically end. Each situation is unique, so each case needs to be assessed individually.

If a seller passes away after signing the contract but before settlement, the agreement remains legally binding. The seller’s legal personal representative (usually the executor of their Will) is responsible for completing the sale on behalf of the estate.

However, the process can’t continue until probate is granted by the Supreme Court of Queensland. This confirms the executor’s authority to act and usually causes delays to settlement, sometimes by several weeks or more.

Pro Tip: If there are concerns that a vendor may pass away before settlement has been completed, it may be worthwhile to include a special condition setting out what the parties’ rights are should such an event occur – such as a right of termination, a right to extend settlement, etc.

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It sure can, but most people don’t know about this little trick! Under clause 11.2(5) of the standard REIQ contract, a Seller can direct the Stakeholder (usually the agent or solicitor holding the deposit) to release the deposit (less agent’s commission) to the Seller’s Solicitor, to use the funds to pay an Outgoing as a part of the property settlement.

There are a few conditions – namely the request has to be completed at least two business days before settlement. The funds can be used to pay outgoings for the property – e.g. rates, water, body corporate levies, mortgage payout, or even a caveat!

But here’s the kicker:

As long as written notice is given, the other party doesn’t have to agree. That’s right — consent is not required. It often catches agents and lawyers off guard, but it’s right there in black and white. Of course, the use of the deposit must relate to an outgoing payable for the property and it must be paid at settlement.

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Pre contract advice is not a roadblock, it’s actually smart business. It gives buyers peace of mind about what they’re signing, qualifies them as serious purchasers, and removes legal risk from the agent. Win-win-win.

Too often, pre-contract advice is seen as a delay but in reality, it can prevent deals from falling over later. Buyers feel more confident moving ahead, and agents have the assurance that a lawyer (not them) has explained the fine print.

Plus, we make it quick and easy. We understand how important getting this advice to buyers is, to keep the deal moving. No-one likes an unnecessary delay. Most advice can be turned around same-day, so there’s no unnecessary hold-up. Keep in mind this advice is tailored for each individual matter – we have to manually check the contract and write tailored advice. It isn’t a simple 10 minute job where we push a few buttons. It’s manually reviewed and processed by our expert team, every time.

Let’s shift the culture with pre-contract advice, because informed buyers make stronger, more secure sales!

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How do I pick the right conveyancer? Well, in my opinion, that comes down to one thing – experience. Are you picking the brain surgeon who has been doing it for a few months? Or the person who has been doing it for a career – helping thousands of people over years? It’s a no brainer, right? Here at Empire Legal, our team have combined, over 130 years experience.

We are property obsessed – we choose to only work in the QLD conveyancing space. So rest assured, we have a wealth of knowledge, and we have seen it all. Don’t go to someone who simply hasn’t done the reps. We are armed to protect your interests and get your deal settled smoothly. Plus, we are all proudly onshore. All real Queenslanders. Jump on our website and you can see each and every one of us. Pick a conveyancing team you can trust. Empire Legal.

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As of 2024, if you’re selling a tenanted residential property in Queensland, you’re legally required to disclose certain rental information in the contract — and failure to do so can give the buyer the right to terminate.

Here’s what must be disclosed:

  • That the property is subject to a tenancy
  • The current weekly rent amount
  • The start and end date of the lease
  • The date and amount of the last rental increase
  • Evidence of that rental increase must also be provided — such as a written notice to the tenant, or a copy of the updated lease.

What happens if the seller doesn’t provide this disclosure?

If the correct disclosure (including the evidence) isn’t provided by settlement, the buyer may be entitled to terminate the contract — even right up to settlement.

Tip for agents and sellers:

Don’t rely on memory or verbal confirmations. Always ensure written proof of the last rental increase is attached to the contract — or better yet, let us double-check it before it goes out

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In Queensland, there are two main ways buyers typically make an offer:

1. Signed Contract of Sale

This is the most common method. The real estate agent prepares a full Contract of Sale with your proposed price, terms, and any conditions (such as finance or building and pest). You’ll sign the contract and the agent will then present it to the seller.

If the seller signs without changes — the contract becomes legally binding immediately. That’s why it’s important to have a lawyer review the contract before you sign!

2. Expression of Interest (EOI) Form

Sometimes agents use a less formal EOI form where you simply list your offer and terms. It’s not legally binding, but it gives the seller an idea of your interest. If accepted, you’ll then be asked to sign a formal contract. This is usually a one or two page document that will say “offer” or “expression of interest” at the top.

Not sure which one you’re dealing with? Forward any documents to info@empirelegal.com.au and our team will guide you through it before you’re locked in.

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Guys today I want to talk to you about pricing. It’s a hot topic in conveyancing, There are firms out there that have absolutely ruined peoples expectations on what conveyancing should cost. Let me break it down for you with a really simple analogy. Who has heard of Huawei? They are a Chinese phone manufacturer. They do cheap phones. They make calls, and are smart phones. BUT I bet you don’t have Huawei, and you probably don’t even know someone with a Huawei. I bet you have an Apple iPhone (or maybe a Samsung Galaxy).

A trusted phone from a reputable brand. And Apple doesn’t price match cheaper competitors. Because you want reliability, certainty and something that is easy to use that delivers results. Huawei does a phone cheaper, but you don’t have one. Catching my drift? It’s the results & value we bring that costs more than the bargain bin conveyancing models.

So, when you get a letterbox drop for $600 conveyancing (beware of the nasty add-ons they don’t tell you about), remember this – and pay a couple hundred dollars more to secure your slice of paradise with peace of mind! Otherwise, when it’s too late, you will be kicking yourself!

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Yes and it’s great news for first-home buyers across Queensland.

The Queensland Government has officially extended the $30,000 First Home Owner Grant (FHOG) until 30 June 2026. That gives you an extra 12 months to take advantage of one of the most generous first-home grants in the country.

So, what does that mean in practice?

To be eligible, you need to be:

✅ Buying or building a brand-new home

✅ Signing the contract between 20 November 2023 and 30 June 2026

✅ Ensuring the total value of the home and land is under $750,000

If you’re an owner-builder, your construction must have started — with foundations laid — within that same timeframe.

This is a lump sum, tax-free cash boost from the government to help you get into your first home sooner. For comparison, other states offer far less: $10,000 in NSW, Victoria, WA and Tasmania, and $15,000 in South Australia. Queensland’s $30,000 grant is second only to the Northern Territory’s whopping $50k grant.

And don’t forget — this announcement comes hot on the heels of full stamp duty concessions for first-home buyers of new homes in Queensland, which have already saved buyers around $17,000 since May 2025.

Bottom line: If you’re a first-home buyer, there’s never been a better time to get into the market in Queensland.

Got questions? Thinking about buying? Empire Legal is here to guide you through the process, from offer to settlement, stress-free.

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In Queensland, paying your deposit late isn’t just a slap on the wrist — it’s a serious breach of an essential term of the contract.

Under the standard REIQ contract, the buyer must pay the deposit by the due date. If you miss that deadline —the seller will gain a continuing right to terminate the contract immediately. No warning. No second chance. And that means that not only is your hard earned Deposit money gone, you are also at risk of being sued for any losses suffered under that contract.

We’ve seen deals fall over because a buyer assumed “paying tomorrow” was fine. It’s not.

Our tip? Don’t leave it to chance. Pay your deposit on time and ensure you send proof of payment to your conveyancer. If you think you cant pay on time for whatever reason, you need to tell your solicitor immediately — they might be able to negotiate a short extension before you’re in breach.

Because in Queensland conveyancing, time is of the essence — it’s the law.

If you’re buying or selling a home in Queensland, chances are your solicitor will use PEXA — the secure digital platform that handles nearly every single settlements across the state.

So, what is it — and why does it matter?

PEXA lets your legal team settle your property online in real time — no more cheques, no couriers, no settlement agents, and no sitting around waiting for keys. Everything is tracked and verified digitally, with money and titles transferred instantly between banks, buyers, sellers, and the Land Titles Office.

✅ Real-time tracking

✅ Faster access to funds

✅ Immediate title registration

✅ Fewer errors and delays

✅ Secure, encrypted transactions

From 1 July 2025, the PEXA fee for a standard title transfer will rise slightly to $140.58. This fee goes directly to PEXA and helps keep the platform secure, reliable, and efficient for all parties involved. Keep in mind it’s only gone up $3.19. PEXA reviews its fees every financial year, and this latest update reflects a modest CPI adjustment of 2.4%.Keep in mind: the PEXA fee is separate from any government transfer duty or titles office fees — it’s purely the cost of the digital settlement platform itself.

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Along with the new updates to the Seller’s Disclosure is the birth of a new process for Body Corporate disclosure. A new ‘body corporate certificate’ is a certificate prepared and given by a body corporate.

This certificate replaces the s206 disclosure statement, which will no longer apply after 1 August 2025. The certificate must be in the approved form and include all information required under the Body Corporate and Community Management (Body Corporate Certificates) and Other Legislation Amendment Regulation 2024. The body corporate may charge a fee for the body corporate certificate and must provide the certificate within 5 business days of receiving the request. So, no more s206’s – instead, the “Body Corporate Certificate” is the new way we obtain disclosures for Body Corporate property sales in Queensland.

• REIQ Contract for the Sale and Purchase of Residential Real Estate – first edition

• REIQ Contract for the Sale and Purchase of Commercial Real Estate – first edition.

There are a few key changes, with the most prevalent being the house and land and Community Title Scheme (CTS) properties are all now combined on the one contract. That’s right, the contracts are finally merged on one easy to navigate, first edition contract! Other changes include a standard condition applicable for the sale of a lot in a body corporate scheme for Body Corporate Inspections. Also, if a party in PEXA workspace is unsigned before settlement, a new clause will allow the extension of settlement to the next day, without penalty.

Remember, this is all starting on 01 August 2025.

Today is the day – the official start date of the new Seller’s Disclosure Form 2 in Queensland. For quick bite-sized tips for success, I encourage you to check out our mini series on sellers disclosure, which is easily accessible as a highlight reel on instagram HERE.

Here’s some of the high level things you need to know. As of right now, vendors need a prepared Form 2 Seller’s Disclosure Statement and prescribed forms, BEFORE a buyer can validly enter into a contract of sale. Keep in mind here that if this isn’t done properly, the buyer will have a continuing right to terminate the contract, right up until settlement! If you aren’t prepared for these changes, don’t stress.

At Empire Legal, we are ready to help. Simply introduce the vendor to us, and we will take care of the rest. We suggest acting fast – as soon as you sign the Form 6 appointment ideally – so we can order the searches and get the ball rolling for the Form 2 preparation. All details are transparently available on our website, including pricing, turnaround time, the searches we order, and how to get started. It has never been more important for agents and conveyancers to work closer together than right now.

Let’s embrace this new change, and win together!

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Whilst it may seem like a great idea to choose a sole practitioner for your conveyancing, it’s not without its pitfalls! Keep in mind that whilst they may be amazing – what happens when they get sick? Or go on a holiday, or maternity leave? Time and time again I have received calls from real estate agents, complaining that a gun conveyancer is away, and it’s jeopardising the deal. Usually they will put a locum/temp in their place – but if that person isn’t also a gun, the recipe fails.

What is that recipe? Usually a lack of knowledge on how that business operates, poor communication and often a lack of genuine care to the same level of the practitioner that is away. However, if you choose to work with a team like Empire Legal – we have 6+ file handlers, who all work with the same processes and procedures. So if someone is away, the rest of the team steps in to help. Now that’s a winning recipe. Pick a conveyancing team you can trust. Empire Legal. We are looking to work with new property professionals – get in touch today.

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And it shouldn’t be priced like one. We’re seeing more and more firms slashing fees just to win the job. But here’s the problem: when conveyancing becomes a bargain-bin service, something’s got to give. And it’s usually:

– communication and customer service

– attention to detail

– knowledge and experience

– support when things go wrong

“Cheap” conveyancing isn’t just risky for the client – it chips away at the integrity of the whole profession. Because when cut-price, high-volume operators treat conveyancing like a checkbox exercise, it lowers public perception of the entire service. And that’s not just disappointing—it’s sad for an industry full of professionals who take pride in doing it properly.

Conveyancing is legal work at its core. It’s high risk, and when it’s done poorly (or robotically), the cost isn’t just a few hundred dollars saved – it’s delays, disputes, your peace of mind lost, or even losing the property altogether.

At Empire Legal we are not the cheapest. We’re not trying to be. We’re the team that picks up the pieces when a “budget” job goes sideways. We’re the steady car in the race, not the one with the wheels flying off. Because that’s what protects our client’s biggest asset. Shout out to our colleagues in the industry who share this sentiment. Let’s beat the drum together to raise the standard instead of lowering the price.

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No. It is a rumour that has been circulating, and is completely untrue. There is no guidance or obligation from the QLD Law Society or our insurer that obliges QLD property law firms to prepare the contract of sale if we were engaged to prepare the Form 2.

Whilst we are available to help if needed for Special Conditions, review before signing etc, the drafting can remain with the selling agent!

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With the new REIQ contracts, come new changes! One such change is the annexe for a tenancy schedule if there are tenants in the property. With the old contracts, the relevant section would simply be completed.

Now there is an REIQ annexure. The required parts to be completed include – names of the tenants, terms and options including start date, end date, bond and rental amount. Also, the details of the rental manager are required, including property manager, agency, contact details, address etc. Make sure it’s filled out!

The contract on page 4 still obliges the vendor to advise if the property’s been subject to a residential tenancy agreement or rooming accommodation agreement at any time within the period of 12 months before the contract date. And if so, the vendor must advise the day of the last rent increase for each residential premises.

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The new REIQ contracts that were released on 01 August 2025 include an important change relating to swimming pools. If a property is being sold in Queensland with a pool and they have given the buyer a Pool Safety Certificate (PSC) that was current at the time it was given, for example at the time seller disclosure was made, the Seller is not required to provide a further PSC even if it expires during the contract period!

If no pool safety certificate is given, then a Form 32 Notice of No Pool Safety must be provided, prior to the buyer entering into the contract.

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When you buy a property in a community title scheme (like a unit or townhouse), the contract now gives the option to include a body corporate records inspection condition. This gives the buyer the right to review the body corporate’s records by a set “records inspection date.” The point is to do your own inquiries as a buyer check for anything that could materially affect you as an owner – like disputes, special levies, insurance shortfalls, building defects, etc.

It’s a protection mechanism: if you’re not satisfied with what you find, you can terminate the contract. The buyer must take all reasonable efforts to inspect the records. And, if the buyer terminates, and the seller asks the buyer for further details, the buyer must give written reason to the seller without delay.

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Under the new REIQ contract, the “Place for Settlement” depends on whether the seller has a solicitor:

  • If the seller’s solicitor has an office in Queensland, settlement takes place in the city or town where that office is located.
  • If the seller doesn’t have a solicitor (or their solicitor isn’t based in Queensland), settlement defaults to the Brisbane CBD.

The “Place for Settlement” section matters, because if electronic settlement isn’t possible for some reason, the Place for Settlement is what decides the fallback location for the paper settlement.

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Our senior legal team attended the QLD Law Society’s Property Law Conference last week – to keep sharp with the latest happening in QLD property. Our insurer, Lexon, specifically discussed the fact that they have seen contracts being terminated due to disclosure failures. They went to state that a lot of Form 2’s are missing key disclosure information, and they are also noticing extra information that is not required to be disclosed.

This creates separate issues. A lack of disclosure of key information allows termination rights, whilst adding information that is not necessary creates large PDF’s, which has logistical problems with real estate agencies having files too big to email, or hundreds of pages long, scaring and confusing buyers.

At Empire, we have helped hundreds of vendors with compliant, sharp, user-friendly Form 2 disclosure packs. Our industry deserves better. If you are a top performing agent, we want to work with you. It’s just a better outcome for everyone.

All of our pricing is transparently available on our website, including onboarding forms for us to help! Before you pick who you want to work with, google them guys. Read their reviews. Social proof should drive your decision to select a professional service.

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With the new REIQ contracts, a standard clause (6.3) has been introduced for “late unsigning” of documents, which could complicate matters if the other side’s conveyancer is inexperienced. If a party in a PEXA workspace is unsigned between 3-4pm, and does not re-sign before 4pm, the matter is automatically extended to the following business day.

Keep in mind this clause can only be used once, so if it happens again for the same contact, it is invalid.

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Daylight savings kicked in this week, on 05 October 2025. It will run until Sunday 05 April 2026. As we know, QLD does not subscribe to daylight savings, however our friends in NSW, VIC, SA, ACT & Tasmania do.

Why does this matter? Because 4pm QLD time during daylight savings is…5pm across the border! 4.00pm is the latest time we can settle in QLD, and we often negotiate conditions until 5.00pm, which is 6pm in Sydney & Melbourne.

Usually, lawyers have gone home by then! Therefore, it’s critical to pick local experts that can look after your property deals.

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Prior to the new REIQ contracts going live on 01 August 2025, you may have been able to get away with writing “refer to disclosure statement” for some or all of these questions. You cant do that anymore. Because there is no “disclosure statement” for body corporate matters, it’s now called a Body Corporate Certificate.

Writing “refer to disclosure statement” will not fly, because the information isn’t in the Body Corporate Certificate or the new Form 2 disclosure statement.

How do you find the answers? Ask your client. If they don’t know, they can discuss with their body corporate or otherwise an additional search through a body corporate search agent may be required to find the correct information for compliant disclosure.

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The total value of Australian residential real estate is now $11.8 trillion. That is a $678 billion price rise of the past 12 months alone. National housing values are gaining momentum, with a 2.2% rise in the July-September 2025 quarter.

We are now just over half way through Spring selling season. I predict we will see the momentum continue well into Summer. Traditionally we see a quieter period in January and February, however I think we will be entering the 2026 property market with a full speed ahead market! Thanks to Cotality for providing the stats for today’s FAQ.

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The new REIQ contracts place stronger emphasis on sellers seeking tax advice before signing. You should have been instructed in your Form 6 as to which option is correct given the circumstances that apply to the vendor. If you are unsure, as always, the client must contact their accountant for tax advice.

Agents and Lawyers are not qualified to guide the clients on these topics. Note that if either the GST or Land Tax sections are left blank, there is a default option that will apply. Always check with the client and get their instructions, don’t guess! You don’t want the seller turning around pointing the finger at you if there’s a problem!

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So you’ve probably seen the recent property headlines last month – Great Southern Bank, Pepper and even RACQ are now offering 40 year home loans.

It sounds great on paper, right? Smaller repayments, more breathing room each month. But here’s the trade-off – you’ll end up paying a lot more interest over the life of the loan.

Now for some buyers, especially first-home buyers or younger borrowers, it can help with serviceability and allow them to enter the market sooner. But the key is knowing what you’re signing up for!

Keep in mind there could be early exit fees, so make sure you query that upfront. A new era is upon us – the dawn of the 40 year home loan in Australia!

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Yes – many Brisbane property owners will see higher council rates this year.

The Valuer-General’s 2025 land revaluation showed an average 17 % jump in Brisbane land values, with the median residential site now sitting around $720,000.

But some suburbs rose far faster.

Robertson +57 %

Brighton +35 %

Sunnybank +36 %

Forest Lake +31 %

These are some of the biggest increases in the city.

Because Brisbane City Council bases general rates on your land’s unimproved value, when that value rises sharply, your rates notice usually does too.

In the 2025-26 budget, the average residential rate rise is about 3.9 %, but suburbs with bigger land-value jumps will pay more. So if your land valuation rose above the 17 % average, expect your next quarterly rates bill to reflect that.

In short – strong property growth has lifted the city’s valuation base, and that means higher holding costs for many ratepayers in the next billing cycle.

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Here’s a common trap in new Queensland contracts — the deposit date doesn’t move, even if it falls on a weekend or public holiday.

Since the new REIQ contract update, clause 11.6 now exists. Lots of people don’t know about this major trap.

Under the standard REIQ Residential Contract, the rule is:

  • If the Settlement Date, Finance Date, or Building & Pest Date falls on a non-business day, it automatically moves to the next Business Day.

  • But the Deposit is different. If your deposit is due on a Saturday, Sunday or public holiday, you still have to pay it on that day (and provide written proof of payment) — it doesn’t automatically extend to Monday.

Example:
If you sign on a Saturday and the contract says the deposit is due “on the day of the contract”, payment is due that same Saturday.
If your bank doesn’t process payments on weekends, you could technically be in breach of contract by Monday morning.

Tip from Empire Legal:
Before signing, ask your solicitor to amend the contract so the deposit is due two business days after the contract date. That small change gives you breathing room – and protects you from risk for breach of contract by missing the deposit deadline!

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As at November 2025, the current tallest tower in Australia located on the Gold Coast, the legendary Q1, standing 322m tall.

A new development called One Park Lane has been approved for Southport on the Gold Coast. One of the towers is planned to reach approximately 393 metres. If completed as proposed, it will become the tallest building in Australia.

It is still dwarfed by the tallest residential building in the world, the Burj Khalifa in Dubai, which stands at 830m tall.

What will it include?

• A 101-storey residential tower, offering a mix of apartments and penthouses.

• A second 60-storey commercial tower with office and mixed-use space.

• A skybridge connecting the towers with shared gardens and communal spaces.

• Strong sustainability features including solar power integration and energy-efficient building systems.

Why Southport?
Southport is being positioned as the Gold Coast’s “true CBD” precinct. Developments like this support increased density around transport, employment and education hubs.

Q: When will it be finished?
Construction is expected to begin in 2026, and be completed by 2028. The projected is expected to cost $700m.

If delivered as approved, One Park Lane will redefine the Gold Coast skyline and create Australia’s tallest residential building.

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If a QLD property has a pool, most people assume the Seller must provide a current Pool Safety Certificate at settlement.
But under the standard REIQ contract, that’s not actually what the clause says.

Clause 5.5(1)(f)(i) says the Seller only needs to give the Buyer a Pool Safety Certificate that was current at the time it was given.
Meaning:

• If the pool safety certificate was valid when the Seller first provided it (e.g., as part of the Seller’s Disclosure documentation),

• But later expires before settlement,
the Seller is still compliant. They don’t have to renew it unless the contract specifically requires it.

Realistically, the majority of pool safety certificates would be handed over to the buyer at the Form 2 stage. As long as the pool safety certificate was valid at the time it was given, this is compliant.

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You’ll often hear people say:
“The contract is unconditional now.”

But here’s the technical truth:

A contract is almost never truly unconditional.

What most people mean is that the buyer’s key conditions (like finance or building & pest) have been satisfied or waived. Yes – that removes those particular termination rights.

However, the contract is still subject to the standard terms in the REIQ contract, and those terms continue right through to settlement.

These include things like:

• The buyer must still pay the deposit when due

• The property must be in the same condition at settlement as the contract date

• The seller must disclose certain things about the property

• Timeframes around settlement extensions and default notices

• And all parties must act in accordance with the contract

So while we use the term “unconditional” as convenient shorthand, the contract can still fall over or be terminated if either party breaches those terms.

In real terms:
Unconditional means the main negotiated conditions are done, but the contract still runs under the full legal framework of the REIQ standard terms.

If you ever want to know exactly what rights you still have after “unconditional” – ask us. It’s a lot safer than guessing.

Realistically, don’t count your chickens before they hatch. Until the matter has settled and the money is in your account, or the title is in your name, the deal isn’t complete!

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There’s a major push for European-style beach bars and clubs along Queensland’s coastline. Industry leaders say these venues could be a tourism game-changer ahead of the Brisbane 2032 Olympics.

With the world arriving for the Games, tourism bodies want to showcase the classic Queensland lifestyle – sun, sand, and an Aperol in hand. They’re pushing for relaxed restrictions to let beachfront venues operate in a more modern, vibrant way.

Ok so what is being proposed? Think food, drinks, cabanas, music, and the kind of beach culture you’d normally see in Europe or Bali. To get there, regulations around where bars can operate would need updating.

More tourism means:

  • Increased demand for short-stay accommodation
  • Stronger foot traffic for coastal businesses
  • Potential uplift in coastal property values
  • More development interest along SEQ beaches

Nothing has been locked in yet, but the conversation is heating up fast. If approvals move forward, Queensland could be gearing up for a very different coastline by the time the Games arrive!

Would you like to see Queensland beaches have that European beach bar vibe? My vote – heck year! If you want an example in Australia, look up the Moseley in Adelaide. Let us know in the comments of the linked YouTube video.

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Yes. Recent property data shows the median unit price on the Gold Coast is now around $956,000, compared to Sydney’s median unit price of approximately $927,000. This means Gold Coast units, on average, are now more expensive than Sydney apartments.

The shift has been driven by strong interstate migration, lifestyle demand and limited new apartment supply, particularly in premium coastal and high-rise developments. While not every Gold Coast unit is more expensive than Sydney, buyers are facing higher entry prices, stronger competition and less room to negotiate.

The data reveals Main Beach leads the city, with a median unit price of $1.73m following a $880,000 rise over the past decade. Burleigh Heads and Palm Beach round out the top three, where median unit prices have climbed by $760,000 and $740,000 respectively. Is the Gold Coast the Miami of Australia? It certainly feels this way!

More info here: https://www.realestate.com.au/news/gold-coast-units-now-more-expensive-than-sydneys/

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In Queensland, what most people still call stamp duty is technically called transfer duty.

The name changed years ago, but the tax didn’t. It’s still payable when you buy property, and it’s still one of the biggest upfront costs buyers face.

So when you hear “stamp duty”, “transfer duty”, or just “duty”, they’re all referring to the same thing.

The Queensland Revenue Office simply uses the correct legal term – transfer duty.

From a legal perspective, contracts and assessments refer to transfer duty.

From a practical perspective, everyone still Googles stamp duty.

Different words. Same bill.

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Sometimes – but it’s not automatic.

In Queensland, first home buyers can pay no transfer duty if they meet the eligibility rules and the purchase price falls under certain thresholds.

For existing homes:

  • Full exemption up to $700,000
  • Concessional rates between $700,001 and $800,000

For vacant land:

  • Eligible first home buyers can now pay no transfer duty at all, regardless of land value – provided they build and live in the home.

For New Homes:

  • Eligible first home buyers can now pay no transfer duty at all, regardless of the new home value – provided they live in the home.

Miss the criteria, and the duty becomes payable.

So yes, it’s generous – but only if you qualify.

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I’m going to walk you through Queensland Globe. If you want a quick, free way to check your property’s current land value in Queensland, you can use Queensland Globe.

This is a government online mapping tool that lets you search your property address and see the official land valuation used for things like council rates and land tax.

There’s no login, no fee, and it only takes a couple of minutes. That said, it’s important to understand what you’re looking at. The figure shows in Queensland globe. The figure showing in Queensland globe is land value only. It doesn’t include your house renovations, landscaping pools, or improvements, and it’s not the same as market value.

Also, typically it’s updated every year, so it might lag a little bit behind current market conditions and pricing.

Queensland Globe is a great starting point to understand how the government values your land. But if you’re buying, selling, or making a big financial decision, it shouldn’t be the only thing you rely on.

That’s where proper advice and a full market appraisal come into play. Jump online, check out the tool. It’s free and it’s fast.

Check out the Queensland Globe online tool here.

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Yes, you can. Owning property does not automatically rule you out. You usually won’t qualify for the first home buyer concession, but you may still be eligible for a home concession if you’re buying a property to live in.

The home concession applies a reduced duty rate for the first $350,000 of the purchase price with standard rates applying above that. It’s not a full exemption, but it can still save you thousands compared to investor rates.

The key requirement is simple, you must actually move into the property and live there.

Check your eligibility here.

We have a full blog on this topic for you to read/watch: Queensland stamp duty (transfer duty) concessions explained.

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Yes – every single one.

Since 1 January 2025, every property sale in Australia requires an ATO clearance certificate, regardless of price.

The old $750,000 threshold is gone. Even a $300,000 unit or block of land needs a clearance certificate before settlement.

If you don’t provide one in time, the buyer must withhold 15% of the sale price and send it directly to the ATO.

Every sale. No exceptions.

Pro tip: order your ATO clearance certificate early, as it can take up to 28 days to receive from submission.

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If you don’t have a valid clearance certificate at settlement, the buyer has no discretion.

They must withhold 15% of the purchase price and pay it straight to the ATO.

That money does not come to you at settlement. You may eventually recover it through your tax return – but that can take months.

On a $1 million sale, that’s $150,000 unnecessarily tied up.

This is one of the easiest documents to organise early – and one of the most painful to miss.

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No.

Section 206 is no longer part of Queensland property transactions.

From 1 August 2025, s206 disclosure was replaced under the new seller disclosure regime.

If you’re selling a unit or townhouse, disclosure now requires:

  • a Form 2 Seller Disclosure Statement, and
  • a Body Corporate Certificate prepared by the body corporate.

If someone is still asking for “the s206”, they’re using outdated terminology – and potentially outdated processes.

RED FLAG!

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A Body Corporate Certificate is an official document prepared by the body corporate, not the seller, agent or lawyer.

It discloses key information including:

  • levies and financials
  • insurance
  • by-laws
  • major works and disputes

If you’re selling a unit or townhouse in Queensland, this certificate must be provided before the buyer signs the contract.

It replaces what people used to call s206 disclosure. Stuck? We can help. Just jump on our website to learn more, and even instruct us to get started with your seller disclosure preparation.

For more info, check out our “body corporate certificates when selling in QLD – everything you need to know” blog.

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Yes – and this is where the risk sits.

Under Queensland’s new seller disclosure laws, if required documents are missing, late, or materially incorrect, a buyer may have the right to terminate – even after the contract has gone unconditional.

This includes missing:

  • Form 2 Seller Disclosure Statements
  • Body Corporate Certificates
  • other prescribed disclosure documents

Disclosure is contract-critical and mistakes can unwind deals late. Don’t risk it, pick a QLD property team you can trust. Buying or selling? Empire Legal.

Read more about it in this blog: “QLD’ new seller’s disclosure: empire’s experience since the august 2025 rollout“.

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Did you know the Gold Coast is now the most expensive city in Australia to rent a house?

Yes – even more expensive than Sydney.

Recent data shows the median house rent on the Gold Coast is now around $950 per week.

That’s higher than Sydney and significantly higher than Melbourne.

So what’s driving it?

A few key things:

Huge interstate migration into Queensland

Limited housing supply

Strong lifestyle demand for coastal living

When demand grows faster than supply, rents increase.

For property investors, that can mean strong rental yields and low vacancy rates.

But for tenants, it’s becoming increasingly difficult to find affordable housing.

What’s interesting is that rental growth like this often signals broader property market pressure.

When rents rise significantly, it can also push property prices higher over time.

For more info, check out this realestate.com.au article.

At Empire Legal, we help buyers navigate the process with fixed-fee conveyancing and over 2,950+ five-star Google reviews.

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You might have heard the phrase “time is of the essence” in property contracts. It is the norm here in Queensland.

But what does it actually mean?

When a contract says time is of the essence, it means that deadlines must be strictly complied with.

That includes things like:

• paying the deposit

• satisfying finance conditions

• completing settlement.

If those deadlines are missed, even by a short period, the other party may have the right to terminate the contract.

That’s why small delays – even things like bank transfer limits – can sometimes cause serious legal problems in property transactions.

Understanding these deadlines before signing a contract is one of the key ways buyers can protect themselves.

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You might’ve seen headlines about a ‘clown protest’ at Brisbane City Council.

So what was it actually about?

Around 50 protesters showed up a couple weeks ago – some dressed as clowns – to oppose a proposed development plan in Wynnum.

That plan is what’s called a Centre Renewal Plan, which would allow higher-density development around the local hub – things like taller buildings, more housing and more activity in the area.

Some locals support it, saying it will revitalise Wynnum and help with housing supply.

Others are concerned it opens the door to:

  • Taller buildings
  • More traffic
  • Less parking
  • And pressure on infrastructure

It’s really a classic example of what we’re now seeing across Brisbane – growth versus lifestyle.

But here’s why it matters…

This isn’t really about clowns, it’s about housing becoming political.

Council is pushing for more density, while communities are pushing back – and politicians are getting involved on both sides.

So what does that mean for you as a buyer?

Property decisions are no longer just about planning rules.

They’re being influenced by:

  • Public pressure
  • Politics
  • And community sentiment

Which means things can change quickly. So if you’re buying – don’t just look at the property, look at what could happen around it.

Do you want high rises in suburbia in Brisbane? Will it fix the housing crisis?

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So how can buyers actually protect themselves from losing a property deposit?

The most important step is understanding the contract before signing it.

Buyers should make sure they know:

• when the deposit must be paid

• how it must be paid

• whether bank limits could delay the transfer.

If there’s any uncertainty, it’s often possible to negotiate different deposit arrangements before the contract is signed.

Once a contract is signed, the legal obligations become much harder to change.

That’s why getting advice before signing can make a huge difference.

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In most cases – before.

Foreign buyers generally need FIRB (Foreign Investment Review Board) approval before entering into a binding contract to purchase residential property in Australia.

This isn’t just a formality. If a foreign buyer signs a contract without FIRB approval, they may not be able to settle – and could actually be in breach of federal law. That can mean penalties, forced divestment, or the contract falling over entirely.

So what does this mean in practice?

If you’re a foreign purchaser, you should be applying for FIRB approval well before you start signing anything. The process can take 30 days or more, so leaving it to the last minute is risky.

If you’re a seller or agent dealing with a foreign buyer, making sure the right FIRB conditions are built into the contract is absolutely critical. Without them, you could end up with a buyer who legally can’t complete the purchase – and a deal that falls apart at the worst possible time.

The takeaway? FIRB approval isn’t something to sort out later. Get it locked in early, make sure your contract accounts for it, and avoid nasty surprises down the track.

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Queenslanders are BANNED from selling property this Saturday. Why? Because it’s the law on ANZAC Day!

Under the Trading (Allowable Hours) Act, real estate agencies can’t conduct any sales activity on ANZAC Day. That means no open homes, no auctions, no private inspections – agents can’t even answer a phone call or respond to an email about a sale. It’s a complete shutdown of the sales side of real estate.

Now here’s the thing. ANZAC Day 2026 is Saturday the 25th of April – and Saturday is the biggest day of the week for open homes and auctions. So if you’re buying or selling, expect things to shift. Open homes will likely move to the Sunday, and auction campaigns may need to adjust their timelines.

If you’ve got a contract deadline falling on the 25th, talk to your solicitor now. Public holidays can affect sunset dates and other key timeframes. Don’t leave it to the last minute.

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If you’re buying a property with someone else, there’s one decision most people completely overlook. And it can have massive consequences down the track.

In QLD, when two or more people buy together, you need to choose how you hold the title. Option one – joint tenants. You each own the whole property together. If one person passes away, the other automatically inherits their share. No will needed. Option two – tenants in common. You each own a defined percentage. Your share forms part of your estate and goes to whoever you choose in your will.

Joint tenants is typical for couples. Tenants in common is often smarter when people are putting in different amounts of money, or when you’re buying with a friend, sibling, or business partner.

This needs to be decided throughout the conveyancing process. Your file handler (lawyer or experienced property paralegal) will give you the information and help you to reach a decision.

Want to know more? Here is the link to our blog on this topic – Joint Tenants vs Tenants in Common for Queensland property!

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The pre-settlement inspection is one of the final steps before you get the keys – and it’s more important than a lot of buyers realise. Here’s what you’re actually checking for, what your rights are, and what to do if something isn’t right.

What is a pre-settlement inspection?
In Queensland, buyers have the right to inspect the property before settlement takes place. This typically happens in the day or two before your settlement date. The purpose is straightforward: to confirm the property is in the same condition it was in when you signed the contract.

What are you looking for?

This is not a second building and pest inspection. You’re not looking for defects that were there when you bought – those were the risk you accepted when you signed. What you’re looking for is any change in condition since contract.

Specifically, check for any new damage to walls, floors, doors, windows, or fixtures; inclusions that have been removed such as built-in appliances, light fittings, or curtains listed in the contract as staying; and rubbish or belongings left behind that the seller hasn’t cleared.

What if something is wrong?

Your options at this stage depend on how serious the issue is and how close you are to settlement. But broadly speaking, if the property is not in the required condition, you may be able to delay settlement until the issue is resolved, negotiate a reduction in the purchase price, or seek compensation after settlement through legal channels.

The key thing to understand is that your rights here are more limited than they were during the contract period. This is not the time to raise concerns about things you knew about when you signed. But for genuine breaches – damage caused by the seller, missing inclusions, or a property left in an unreasonable state – you do have recourse.

What to do if you spot a problem.

Don’t wait. Take clear photos of everything that concerns you and contact your solicitor immediately – ideally the day before settlement, not the morning of. The earlier we know about a problem, the more options we have to resolve it before settlement is due.
Waiting until you’re sitting at the settlement table is too late.

To see our top 5 thing people miss at pre-settlement blog – click here.

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“Subject to finance” might be the most common condition on a Queensland property contract – but it’s also one of the most misunderstood.

Most buyers know it’s there to protect them. Fewer know exactly how it works, or what happens when things go wrong.

Here’s what you need to know.

What does subject to finance mean?

When you make an offer subject to finance, you’re building a condition into the contract that gives you time to get your loan formally approved. If approval doesn’t come through, you have the right to walk away and get your deposit back in full.

It’s one of the most important protections a buyer has – but it only works if you use it correctly.
How long does the finance condition run?

The finance period is negotiated at the time of the offer. In Queensland, it’s typically 7 to 21 days from the date the contract is signed. During that time, you and your broker are working to get formal approval from your lender.
What happens if finance falls through?
If your lender declines the loan, you can terminate the contract during the finance period. To do that properly, you’ll need to formally notify the other party in writing – your solicitor handles this. Done correctly, you get your full deposit back with no penalty.

The catch – what buyers get wrong.

This is the part that matters most. If the finance period expires, even by 1 minute, and you haven’t formally satisfied the condition, the seller gains the right to terminate the contract. The deadline is the deadline. This catches buyers out more often than you’d think – especially when communication between broker, buyer, and solicitor isn’t flowing well. You lose the property – but the good news is, in normal situations, your deposit is refunded to you.

What should I do if finance looks uncertain?

Talk to your solicitor early – don’t wait until the day before the deadline. If things look shaky, there may be options: requesting a finance extension from the seller, or making a decision to terminate before the deadline passes.

The earlier we know, the more we can do.

To see our full blog on finance – click here.

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Here’s something a lot of buyers don’t realise – sellers don’t get a cooling off period in Queensland. Only buyers do.

So if a seller tries to walk away from a signed contract without a valid legal reason, they’re in breach. And that gives you some real options.

As a buyer, you can push for specific performance – basically a court order forcing the sale to go ahead. Or you may be able accept the termination and sue for your losses, including any difference in price if you end up paying more for another property.

You can also lodge a caveat on the property, which puts a legal flag on the title and stops them selling to anyone else in the meantime. Remember, a seller can only exit the contract if they legal right to do so. Seller’s remorse can be real, so think twice before you sign!

If you are buyer, and your seller claims they are walking away, the key is acting fast. If we are representing you, call us immediately – the sooner we move, the more options you have!

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If your QLD property settlement is due on Monday 8 June 2026, it’s automatically moved to the next business day – Tuesday 9 June. Here’s why.

Every PEXA settlement runs through the Reserve Bank of Australia (RBA). On Monday 8 June 2026 the RBA is closed, so there’s no settlement window operating that day. No RBA, no settlement – which means your file simply rolls to the next business day.

The good news? You don’t need to do a thing. Nothing’s gone wrong, no one’s dropped the ball, and your contract isn’t in jeopardy. It is completely normal – there is machinery in play to deal with this exact issue!

Where this goes wrong? Communication! Good conveyancing teams will let their client’s know in advance, so they can make arrangements with removal trucks, and plan accordingly.

The takeaway: when you’re counting down to settlement, remember that public holidays (even sometimes interstate ones) can shift your date – even when the rest of your week looks completely normal. The reason it affects QLD is the RBA operates out of NSW, and they have a public holiday on 08 June 2026!

Please keep in mind that all advice is general in nature and does not constitute legal advice. All contracts are individual in nature. Your situation may not allow for a PEXA settlement, meaning your paper settlement may in fact be due if it falls on 08 June 2026. Please consult your legal representation for tailored advice.

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