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Queensland operates on a “buyer beware” principle. With limited exceptions, the buyer carries the risk of issues affecting the property unless those issues are identified and addressed before settlement. Unpaid rates, outstanding body corporate levies, undisclosed encumbrances, unapproved building work, planning restrictions and a range of other liabilities can transfer to you with the property if they are not picked up during the conveyancing process.
Our conveyancing for buyers in Brisbane service covers the legal checks, contract requirements and settlement steps involved in purchasing residential property.
The Property Law Act 2023 (Qld) and the Form 2 Seller Disclosure Statement, which apply to residential contracts entered into on or after 1 August 2025, give buyers significant new protections. A seller must now provide a Form 2 with prescribed certificates before you sign, and there are termination rights if the disclosure is defective. Those protections do not, however, remove the buyer’s need for proper due diligence. Many of the risks that affect a Queensland property still sit outside the statutory disclosure regime, such as structures without approval, asbestos and flooding risks.
Our role on the buyer side is to identify those risks, advise you on them in plain terms, manage the critical dates in your contract, and bring the transaction safely to settlement. The single most valuable step you can take as a buyer is to have the contract and the seller’s disclosure reviewed before you sign.
Effective conveyancing property purchase Brisbane advice starts before you sign the contract, allowing potential issues to be identified while you still have the opportunity to negotiate changes.
The most valuable legal advice we can give a buyer is delivered before the contract is signed. We recommend a thorough review of both the contract and the seller’s disclosure in every situation, not just where the transaction is complex. This early advice is an important part of conveyancing for buyers Brisbane, giving you the opportunity to address potential issues before the contract becomes binding.
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Deficits in the Form 2 Seller Disclosure Statement need to be identified and corrected before you enter into the contract. Once disclosure has been provided and the contract is signed, your termination rights for defective disclosure are significantly restricted, even if you did not understand what you were signing.
A finance clause makes the contract subject to you obtaining loan approval by a specified date, usually 14 to 21 days after the contract date. If finance is not approved in time, you must give written notice in the form required by the contract to terminate. Verbal notice is not enough.
Where finance is delayed, we manage extension requests with the seller’s solicitor to keep the contract alive. If finance is approved but settlement readiness is delayed, the contract’s “settlement week” provision (covered further below) allows either party to extend settlement by up to 5 business days as a safety net for short term issues.
A building and pest inspection right is not automatic. The standard REIQ residential contract does not include a building and pest inspection condition by default. It must be negotiated into the contract as a special condition before signing. Without one, you have no contractual right to inspect, no right to access the property for an inspection, and no right to terminate or renegotiate on the basis of inspection findings.
Where a building and pest condition is included, it typically gives the buyer a defined period (commonly 7 to 14 days from the contract date) to obtain an inspection and to act on the results. We advise on the wording before you sign and, where the condition is in place, we manage any negotiation with the seller’s solicitor based on the inspection report.
A competent conveyancing lawyer will recommend a search package suited to your property. The standard searches include the title search, council records (rates and planning), water authority searches, plan of survey, body corporate searches where applicable, and various government department records.
We recommend additional searches when the property warrants them. For example, flood searches in low-lying areas, swimming pool compliance searches where a pool is present, and easement searches where the title raises a question. For buyers, buying a house conveyancing QLD advice is particularly important where the physical condition or use of the property raises questions that may not be immediately apparent from the contract.
As part of our conveyancing for buyers’ Brisbane service, we recommend searches based on the property and the risks that may affect it rather than applying the same search package to every purchase.
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It is important that you advise your conveyancer of any issues which you identify on physical inspection of the property, such as additional structures which may not be approved by Council to ensure that they can properly advise you of any searches which may be necessary to ensure that you are fully appraised of what you are buying.
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Statutory encumbrances are a particular focus. These are rights, restrictions and obligations imposed automatically by legislation, such as vegetation management restrictions, transport corridor reservations, heritage listings and infrastructure access rights. They bind a property whether or not they appear on the title, and they must now be disclosed under the Form 2. We review what is disclosed, verify it against the searches, and identify what is missing.
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Clients regularly come to us with practical questions during this phase: is there sewer or septic, is hard-wired smoke alarm compliance in place, what is the property’s flood history, is the internet connection adequate. Where these matters are not addressed in the contract or the disclosure, we will often recommend a due diligence clause giving you a defined period (typically 14 days from contract date) to investigate and terminate if the answers are unsatisfactory.
The majority of residential settlements in Queensland are now completed electronically through PEXA. We continue to manage your conveyancing for buyers in Brisbane by co-ordinating with your incoming lender, the seller’s solicitor and the seller’s outgoing lender to complete the transfer, pay the balance of purchase price, lodge the transfer with Titles Queensland and arrange registration of your ownership.
Standard REIQ contracts include a “settlement week” extension clause. Either party can extend settlement by a total of 5 business days by written notice given before 4:00 PM on the scheduled settlement date. The 5 days are a single pool attached to the contract, not 5 days per party, and they can be used in one block or incrementally. Past that, the party failing to settle is in default, and the non-defaulting party can terminate and pursue remedies (which, for a defaulting buyer, includes forfeiture of the deposit).
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Our conveyancing property purchase Brisbane service supports you from the initial contract review through to final settlement, helping protect your interests and keep the transaction moving.
For many people, conveyancing for buyers Brisbane is their first experience with the legal side of purchasing property. First home buyer concessions on transfer duty (stamp duty) can substantially reduce the cost of your purchase, but eligibility rules apply and the application must be made correctly. With first home buyer conveyancing in Brisbane, we can advise on the legal requirements of the purchase, manage the relevant conveyancing steps and help you understand what is required before settlement.
We advise on whether you qualify, manage the duty assessment, and walk you through the process from contract to keys. We treat first home buyers with the patience the transaction warrants. It is, for most people, the most significant legal transaction they will enter into.
Where an investment property is being purchased with a tenant in place, the existing residential tenancy agreement transfers to you on settlement and you become the lessor. Vacant possession, if you require it, cannot be assumed. It must be specified in the contract, and the seller must have lawful means to end the tenancy before settlement.
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A detailed review of the tenancy documents (confirming bond lodgement, rent arrears, current notices and the terms of the lease) sits outside the scope of our standard fixed fee conveyancing service. We can carry out that review on request and on a separate quote. For most investors, the additional cost is worth it.
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We also advise on the land tax position, particularly where the purchase will take you over the land tax threshold or where the property is held in a trust or company structure.
Strata and community title properties carry additional disclosure obligations and additional risks. The seller is required to disclose the body corporate’s financial position, including the sinking fund and administrative fund balances, proposed or current special levies, by-laws affecting use, and any disputes on foot. The Form 2 captures much of this, but we verify it against a Body Corporate Information Certificate and other body corporate searches.
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Particular attention should be given to the statutory warranties the seller is required to give about latent and patent defects within the body corporate. The seller must warrant their awareness, at the date of the contract, of defects affecting the common property or body corporate assets, with disclosure of those defects to the buyer. A latent defect is one that would not be discoverable on a reasonable inspection. A patent defect would be. If the seller’s warranty proves untrue, because a known defect was not disclosed, the buyer may have a right of action.
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We also flag early any issues that appear in the body corporate documentation: an underfunded sinking fund relative to the age and maintenance profile of the building, recent or proposed minutes disclosing major works without a corresponding funding plan, ongoing structural or defect issues, or a history of disputes within the scheme. These matters do not always trigger a termination right, but they can materially affect the value of the property and your future obligations as an owner.
Don’t sign anything until you’ve spoken to us.
Property contracts are complex, and the wrong advice at the wrong time can cost you dearly. Our conveyancing lawyers will review your contract in full, explain exactly what you’re agreeing to, and identify any conditions or clauses that put you at risk before you’re legally bound.
You want seamless and stress free conveyancing, and that’s what you’ll get with A.L.F. Lawyers.
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An unexpected result in a search can influence your purchase where the person handling your file inexperienced and part of a team that are processing your file. In firms where, multiple people are used to manage your file, the one with the experience to understand the problem may not always be available.
A delay in settlement may occur when something goes wrong with the financial lender or the other parties Lawyer and your Lawyer is not prepared to go the extra mile to rectify the situation as it’s not their responsibility to do so even though, you the client will be inconvenienced.
Our fees for standard residential conveyancing are fixed. You will know the fee in writing before you engage us, with no hourly billing for the conveyancing process itself.
These include stamp duty (transfer duty) assessed by the Queensland Revenue Office, and the Titles Queensland registration fee on the transfer of title. Stamp duty is by far the largest single cost for most buyers. The amount depends on the purchase price, your residency status, and any concessions you may qualify for, including the first home buyer concession.
These cover the title, council, water and other due diligence searches we recommend for your property. They are passed through at cost and itemised in your statement.
Whether you are purchasing your first home, an investment property, or commercial real estate, our experienced conveyancing team is here to provide clear legal guidance and reliable support every step of the way.
