Selling a house in Queensland? Here's how it actually works.

Empire Legal guides clients selling a house in QLD through every obligation, from Form 2 disclosure preparation to settlement day.

Selling is a different beast to buying. You’re the one with the Form 2 disclosure obligations. You’re the one paying the agent. You’re the one sweating over a cooling-off period you can’t control. And since August 2025, Queensland’s new seller disclosure regime has changed the game.

Here’s the plain-English rundown of what you actually have to do, what it costs, and how long it takes.

The Queensland property selling process, step by step

1. You get the place ready to list. Styling, photos, repairs, landscaping. This bit’s up to you and your agent.

2. You pick an agent (or sell privately). Most sellers use a real estate agent. You’ll sign a listing agreement – usually exclusive for a fixed period – and agree on a commission.

3. You prep the Form 2 seller disclosure statement. This is a QLD-specific document you have to give every prospective buyer before a contract is signed. Covers zoning, building approvals, pool compliance, rates, and a long list of other property-specific disclosures. We do this for sellers at a fixed fee – see our seller disclosure page.

4. The property goes to market. Open homes, private inspections, online listings, maybe an auction. Buyers show interest. Offers come in.

5. Negotiation and contract. Your agent will run negotiations. Once you agree on price and terms, the buyer gets a draft contract. Before anyone signs, you want a solicitor (that’s us) to check the contract matches what you agreed.

6. The contract is signed. You, the buyer, both agents – everyone signs. Now you’re “under contract.” At this point you lock in the price and settlement date.

7. The buyer’s cooling-off period. 5 business days after a contract is signed, the buyer can walk away and forfeit 0.25% of the purchase price. You can’t do anything about this – it’s their right. Doesn’t apply to auction purchases.

8. Conditions get satisfied. The buyer’s building and pest inspection, their finance approval, sometimes other conditions. If any of these fall over, the contract can come unstuck. We’ll manage communication with their solicitor.

9. Pre-settlement inspection. The day before settlement, the buyer does a final walk-through to check the property is in the condition they’re expecting.

10. Settlement. On the agreed day (usually 30 days after signing), the money lands in your account, your mortgage gets paid out, and the keys hand over. Champagne poppin’ reality.

What QLD sellers need to know about Form 2

Since August 2025, Queensland sellers have to give every buyer a completed Form 2 seller disclosure statement BEFORE a contract is signed. Not after. Not at settlement. Before.

What goes in Form 2

• Zoning and overlays affecting the property
• Building and plumbing approvals (and any that are missing)
• Pool compliance certificate
• Rates and water charges
• Body corporate information (for units, townhouses, villas)
• Any current notices or orders affecting the property
• Tenancy information if the place is rented

What happens if you don’t provide it properly

The buyer may have rights to terminate the contract. If the property hasn’t settled, they could walk away – and you’re back at square one. If the property has settled, there can still be downstream legal consequences.

Who prepares it

Your solicitor. Empire Legal handles Form 2 disclosures at a fixed fee – see our Form 2 page for pricing and timeline. We can prepare it in as little as 5 business days from when payment is received.

Your real cost of selling a house in Queensland

Before you start budgeting based on the sale price, strip out the selling costs:

Real estate agent commission

Queensland agents typically charge between 2% and 3.5% of the sale price, plus GST. On an $800,000 sale, that’s $16,000 to $28,000 + GST. Negotiable – especially in hot markets. Get quotes from at least 2-3 agents. Your conveyancing fees, by contrast, are small and fixed – see exactly what a conveyancer charges when selling.

Marketing costs

Photography, floorplans, online listings (realestate.com.au, Domain), signboards, open home costs. Usually $3,000 to $15,000+ depending on property type, auction vs private treaty, and how hard your agent is pushing the premium listing packages. Agents often build this into their proposal.

Form 2 seller disclosure preparation

Fixed fee through Empire Legal – see sellers’ disclosure pricing.

Legal and conveyancing fees

Empire Legal does fixed-fee residential conveyancing for QLD sellers. You’ll know the number upfront. See our pricing page.

Capital Gains Tax (CGT)

If the property isn’t your principal place of residence, or you’re selling it at a profit after partial PPR use, CGT may apply. This is an accountant question, not a lawyer one, but we flag it early so you can get the right advice before settlement.

Mortgage discharge

If you have a loan on the property, the bank will charge a discharge fee (usually $300-$600) to release the mortgage at settlement.

Title office fees

Small. Roughly $200 in most cases.

Pool safety certificate (if applicable)

If the property has a pool and doesn’t have a current Pool Safety Certificate, you need one before settlement. Around $200-$500.

QLD pricing strategy for sellers

Pricing is an art, but there are a few rules we’ve seen play out over hundreds of sales:

Your agent’s appraisal isn’t a valuation

An agent’s appraisal reflects what they think the market will pay. A formal property valuation from a licensed valuer is different – that’s what a bank uses. Get a proper valuation if you want the independent number.

Overpricing kills listings

In QLD, listings that sit on the market for 6+ weeks get stale. Buyers ask “what’s wrong with it?” and make lowball offers. Better to price to market and let competition do the work.

The 5% rule for negotiation

Most QLD buyers will offer 5-10% below ask. Price your property with that buffer built in if you want a specific net result.

Auction vs private treaty

Auctions are more common in Brisbane than the rest of QLD. They work well for unusual properties or in very hot markets. Private treaty (fixed ask price, offers considered) suits most standard residential sales.

Your QLD selling timeline

From “I’m thinking of selling” to keys handed over:

• Weeks 0-2: Prep, staging, agent selection, listing agreement
• Weeks 1-2: Form 2 seller disclosure preparation (we do this)
• Weeks 2-3: Property goes live on the market, open homes begin
• Weeks 3-8: Offers come in, negotiation, contract signed
• Days 1-30 under contract: Buyer’s conditions (cooling-off, inspections, finance), searches
• Day 30: Settlement – money in your account, keys out of your hands

Most sales in Queensland run a 30-day settlement. Some go faster, some slower depending on the buyer’s situation and the agreed contract terms.

Total: typically 6-10 weeks from decision-to-sell to settlement.

What can go wrong when you sell a house in QLD

Unapproved works coming back to bite you

If you added a deck, enclosed a carport, or converted a garage without council approval, it’ll show up in searches. Either get retrospective approval before you list, disclose it clearly in Form 2, or expect buyers to negotiate hard.

Pool safety certificate not in place

You’ve got two options if the property has a pool. Give the buyer a notice of no pool safety certificate before they sign and the buyer takes on the obligation to get one within 90 days of settlement – that’s fine. But if the contract has you providing a current certificate at settlement, it has to be handed over on the day. Leaving this to the last week is a recipe for delayed settlement.

Tenants in the property

If the place is tenanted, the buyer inherits the lease. This narrows your buyer pool significantly – most owner-occupiers want vacant possession. You’ll need to give the tenant the correct notice and coordinate timing.

Form 2 disclosure errors

The most common ones: missing a known building defect, wrong rates figures, missing body corporate details. Getting this right matters – mistakes can give the buyer grounds to terminate.

Trying to sell and buy at the same time

We can handle the conveyancing for your sale AND your purchase (two separate matters, same client) – no dramas there. What we don’t do is act for both the buyer and the seller in the same transaction. It can technically be done with full disclosure, but we’ve chosen not to – it’s too easy for one client to end up on the wrong end of a judgement call. Here’s why we won’t represent both sides of a deal.

Underestimating the cost of selling

Between agent commission, marketing, legal, disclosure, and discharge fees, selling costs often run 4-6% of the sale price. Budget accordingly.

Frequently asked questions

Do I need a solicitor to sell a house in Queensland?

Yes – and more than you might think. QLD doesn’t have “licensed conveyancers” like some other states. Conveyancing here is done by solicitors, law firms, or experienced paralegals working under a solicitor’s supervision. You’ll also need a solicitor for Form 2 disclosure, contract preparation, and settlement.

How much does conveyancing cost for a seller in QLD?

Empire Legal charges a fixed fee for residential conveyancing. See our pricing page for current rates. For a plain-English rundown on how QLD conveyancing pricing works, read our guides on how much conveyancing costs in QLD and what conveyancing fees actually cover.

What’s Form 2 and when do I need it?

A Form 2 Seller Disclosure Statement is a QLD-specific document you must give buyers before a contract is signed. Covers property details, approvals, rates, body corporate information, and more. Introduced by QLD in August 2025. See our Form 2 page for more, plus our blogs on the Form 2 rollout update and our first look at the new Form 2.

Can I sell if I still have a mortgage?

Yes. The mortgage gets paid out at settlement from the sale proceeds. If the sale price doesn’t cover the loan, you’ll need to top up the shortfall – talk to your bank early if this is a risk.

Do I pay capital gains tax on the sale?

Depends. If it’s your principal place of residence and always has been, usually no. If it’s an investment property, or was your home for only part of the ownership period, CGT may apply. Talk to your accountant.

Can Empire Legal act for me if I’m selling one property and buying another?

Yes – those are two separate matters and we can absolutely handle both. What we won’t do is act for both the buyer and seller in the same transaction. Technically it’s allowed in QLD with full disclosure and written consent, but we’ve chosen not to – that way your advice always sits firmly in your corner. More on this in our blog on representing both parties to a property transaction.

What if the buyer’s finance falls through?

Most QLD contracts are subject to finance. If the buyer’s bank doesn’t approve their loan within the specified period, they can terminate and get their deposit back. Then the property goes back on the market. Frustrating when it happens, but rare – less than 1 in 10 contracts. For more, read our guides on how building, pest and finance dates work and what happens when a buyer’s valuation comes in short.

Do I have to sell with a pool safety certificate?

Not always. The cleanest option is to have a current certificate in place at settlement. But you can still sell without one if you give the buyer a notice of no pool safety certificate before the contract is signed – that shifts the obligation to the buyer to get the certificate within 90 days of settlement.

If the contract says a certificate will be provided at settlement, it has to be handed over on the day. Leave it too late and settlement gets held up.

What’s the buyer’s cooling-off period and can it affect my sale?

Yes. By law, the buyer gets 5 business days after a contract is signed to walk away (doesn’t apply at auction). If they do, they forfeit 0.25% of the purchase price and you’re back on the market.

Worth knowing – the cooling-off period can be shortened or even waived by agreement, usually via written notice from the buyer’s solicitor. It’s something sharp negotiation can sort out before signing, especially with a keen buyer who wants to lock things in. Read more in our blog on why the cooling-off period isn’t always what it seems.

Ready to sell? Let’s get the disclosure and contract sorted.

If you’re getting ready to list, the two things you need in place before buyers start signing are a watertight Form 2 seller disclosure and a solicitor ready to turn contract reviews around fast.

What if I’m selling a deceased estate in Queensland?

Selling a property from a deceased estate is a different process to a standard sale. The executor or administrator of the estate needs to have authority to sell (via probate or letters of administration) before a contract can be signed. Until that’s in place, you can’t legally commit to a sale.

Beyond that, the contract itself needs careful handling – particularly around GST, CGT implications, and making sure the right parties are executing documents. Empire Legal handles deceased estate sales as part of our wills and estates service. Get in touch early – the earlier we’re involved, the smoother it goes.

Empire Legal does both. Fixed fees. No surprises. Pre-contract advice turned around within 24 hours so your agent can keep the momentum going. 3,029 Google reviews from Queenslanders who’ve sold exactly like you’re about to.

Get pre-contract advice →

See our Form 2 seller disclosure service →   |   See our conveyancing pricing →

Selling as part of a separation or family law settlement? See how we handle property transfers after BFAs and consent orders →

Why Queenslanders choose Empire Legal:

• 3,029 5-star Google reviews
• Fixed-fee pricing on everything
• QLD solicitors (not salespeople)
• 24-hour pre-contract advice turnaround
• Form 2 disclosure prep in 5 business days
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