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Property Law FAQs

Find experienced answers to common property law and conveyancing questions on the Gold Coast. Our Southport team explains the buying and selling process,

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Anti-Money Laundering

New AUSTRAC Anti-Money Laundering Rules for Real Estate in 2026
New anti-money laundering laws effective 1 July 2026 now apply to real estate agents, accountants, and lawyers in Australia. Sellers, agents, and every auction bidder must verify identity and source of funds before a property can be sold or bid on.
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Body Corporate & Strata

Who pays for plumbing repairs inside apartment walls in QLD?
In a Body Corporate or strata building, pipes serving only one unit are generally the owner’s responsibility. Shared pipes located inside structural walls or servicing multiple units are the Body Corporate’s responsibility.
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Body Corporate and Local Laws

How many birds can I keep in a Gold Coast apartment?
Living in a Gold Coast apartment or on a small block of land restricts the type and number of birds you can legally keep. From budgerigars to peacocks, here are the local council rules you need to know.
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Conveyancing

How long does property settlement take in Queensland?
The standard settlement period in Queensland is usually 30 days from the contract date, though this is fully negotiable. ‘Time is of the essence’ applies str…
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What is PEXA and how does electronic settlement work in Queensland?
PEXA (Property Exchange Australia) is the electronic settlement platform used in Queensland to transfer property ownership digitally. It enables simultaneous…
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Who bears the risk of property damage between signing a contract and settlement?
In Queensland, the risk of damage to a property typically transfers to the buyer upon signing a contract. Buyers should immediately acquire home insurance, while sellers should keep their own policy active until settlement is finalized.
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Costs

What are conveyancing disbursements and search fees?
Disbursements are the out-of-pocket expenses incurred during the conveyancing process, separate from legal fees. They primarily consist of government search …
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Disclosures

What should I do if a Form 2 discloses a QCAT matter on a property?
When a Form 2 Seller Disclosure flags an active QCAT matter, it is usually a physical dispute regarding fences, trees, or retaining walls. You should get a thorough building and pest inspection to quantify the exact repair cost before proceeding.
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General Questions

Do Boundary Encroachments Matter for My Executor?
Boundary lines rarely attract much attention until something goes wrong. A neighbour’s driveway, fence or underground services may sit partly on your land for years without anyone raising the issue. While that might be tolerable during your lifetime, it can create real headaches for executors and buyers when your property is eventually sold. A boundary encroachment occurs when a structure or improvement crosses onto adjoining land without proper agreement. Typical examples include driveways built partly over the boundary, fences or retaining walls placed on the wrong side, and underground pipes or cables running under a neighbour’s land without easements. In many cases, neighbours accept minor encroachments informally, but problems arise when owners change, disputes flare up, or a property is put on the market.
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What is the cooling-off period when buying a house in Queensland?
In Queensland, most residential property contracts have a statutory 5-business day cooling-off period that allows buyers to withdraw from a contract after signing. How the Cooling-Off Period Works Duration: 5 business days (excludes weekends and public holidays) Starts: On the day you or your solicitor receives a copy of the contract signed by both parties Penalty: The seller may charge a termination fee of 0.25% of the purchase price Example Calculation If you purchase a property for $600,000:
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How much does conveyancing cost in Queensland?
Conveyancing fees in Queensland typically range from $800 to $2,500 depending on the complexity of the transaction. What’s Included in Conveyancing Costs? Professional Fees: Contract review and preparation Communication with all parties Searches and title investigations Settlement coordination Additional Costs: Title searches: $50-$150 Local authority searches: $100-$200 Water authority searches: $20-$50 PEXA settlement fees: $150-$300 Registration fees: varies by property value Not Included: Stamp duty (transfer duty) - calculated on purchase price Building and pest inspections Mortgage registration fees (if borrowing) Always request an itemised quote upfront so you understand exactly what you’re paying for.
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Can I pull out of a property contract after signing in Queensland?
Yes, you can terminate a property contract after signing, but the circumstances and consequences vary. During the Cooling-Off Period If the cooling-off period applies (typically 5 business days for residential sales): You can terminate for any reason The seller may charge a 0.25% penalty on the purchase price You must give written notice Not available for auction purchases Outside the Cooling-Off Period You can only terminate if: 1. Contractual Conditions Fail:
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Do I have to pay stamp duty when buying property in Queensland?
Yes, all property buyers in Queensland must pay transfer duty (commonly called stamp duty) when purchasing real estate. How Stamp Duty is Calculated Queensland transfer duty is calculated on a sliding scale based on the property value: Up to $5,000: $0 $5,001 - $75,000: $1.50 for each $100 or part of $100 over $5,000 $75,001 - $540,000: $1,050 plus $3.50 for each $100 or part over $75,000 $540,001 - $1,000,000: $17,325 plus $4.50 for each $100 or part over $540,000 Over $1,000,000: $38,025 plus $5.75 for each $100 or part over $1,000,000 First Home Buyer Concessions First home buyers may be eligible for:
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What are the risks of buying property off the plan in Queensland?
Buying property off the plan (purchasing before construction is complete) carries several unique risks that buyers should understand before signing a contract. Major Risks 1. Construction Delays: Projects often take longer than anticipated Your settlement date may be pushed back months or years You remain committed to the purchase during delays 2. Developer Insolvency: If the developer goes into liquidation, construction may stop Your deposit may be at risk The project may never be completed 3. Market Value Changes:
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What is a building and pest inspection and do I need one?
A building and pest inspection is a professional assessment of a property’s structural integrity and pest infestation status. While not legally required in Queensland, it’s one of the most important steps in protecting your property investment. What Does a Building Inspection Cover? A qualified building inspector examines: Structural integrity: Foundations, walls, roof, and load-bearing elements Major defects: Cracks, subsidence, water damage, and structural movement Safety hazards: Electrical issues, asbestos, inadequate ventilation Minor defects: Cosmetic issues, maintenance requirements Compliance: Building code violations, unapproved additions What Does a Pest Inspection Cover? A licensed pest inspector checks for:
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Am I eligible for the First Home Buyers Grant in Queensland?
The Queensland First Home Owner Grant provides $15,000 to eligible first home buyers purchasing or building a new home. Here’s everything you need to know about eligibility and how to apply. Eligibility Criteria To qualify for the grant, you must meet ALL of these requirements: 1. First Home Buyer: You’ve never owned a home in Australia (before 1 July 2000 for applicants born before 1 July 1985) Your spouse has never owned a home in Australia Neither of you has previously received a first home grant 2. Property Requirements:
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Investment Property

Can I buy property in my SMSF (self-managed super fund) in Queensland?
Yes, SMSFs can purchase property in Queensland, but strict rules apply under the SIS Act. The property must meet the ‘sole purpose test’, cannot be lived in …
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What is negative gearing and how does it work in QLD?
Negative gearing occurs when the cost of owning an investment property (interest, rates, repairs) is more than the rental income it generates. In Australia, …
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Leasing

What is the difference between a Commercial Lease and a Retail Shop Lease?
Retail Shop Leases are governed by the Retail Shop Leases Act 1994 (Qld), which provides significant statutory protections for tenants (such as disclosure …
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Off-the-Plan

What is a sunset clause in an off-the-plan contract in QLD?
A sunset clause allows either party to terminate the contract if the development isn’t completed by a specified date. While originally designed to protect buyers from endless delays, unscrupulous developers have exploited them to cancel contracts and resell at higher prices.
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Can a developer cancel my off-the-plan contract in Queensland?
It depends on the property type. For land contracts, developers are heavily restricted from cancelling under a sunset clause. However, if you are buying a strata title apartment, developers generally still have the right to cancel if the sunset date is missed.
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What is the valuation gap in an off-the-plan purchase?
A valuation gap occurs when your bank values the finished property lower than the off-the-plan contract price you agreed to years earlier. You must fund this shortfall personally to complete settlement.
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Resources

Who to contact for Property Law & Conveyancing in QLD?
A directory of the most important contacts for Property Law and Conveyancing matters in Queensland, including Titles Queensland, OSR, and the RTA.
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Selling

Should I get legal advice on a Form 6 before appointing an agent?
Yes. A Form 6 is a legally binding contract that governs how much and when you pay an agent. Standard terms often require you to pay commission even if a sale doesn’t complete due to a vendor “default”. With new disclosure laws, a buyer terminating for disclosure errors might be claimed as a vendor default. Having a solicitor review and negotiate “commission on settlement only” terms before you sign can save you tens of thousands of dollars in “commission traps.”
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Who can prepare a Form 2 Seller Disclosure Statement in Queensland?
Under Queensland’s seller disclosure scheme, a Form 2 Disclosure Statement can be prepared by the seller, their real estate agent, or their solicitor. Howeve…
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What is a Form 6 Real Estate Agent Appointment in Queensland?
The ‘Form 6’ is the official contract appointing a real estate agent to sell your property in Queensland. It sets out the agent’s commission (which is negoti…
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Settlement

What happens on property settlement day in Queensland?
On settlement day, your lawyer meets (electronically) with the other party’s lawyer and the banks to exchange funds for the property title. You do not need t…
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Tenancy

How do I evict a tenant in Queensland for unpaid rent?
To evict a residential tenant for unpaid rent, they must be at least 7 days in arrears. You must then issue a Form 11 Notice to Remedy Breach. If they do not…
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Do I need a lawyer for a QCAT tenancy dispute?
QCAT is designed as a ‘self-representation’ tribunal, meaning you usually need the Tribunal’s permission (leave) to have a lawyer represent you. However, mos…
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Can a boarder claim ownership of my house in Queensland?
Contrary to common myths, a boarder does not gain ownership rights to your home simply by living there for two years. Queensland law requires 12 years of exclusive adverse possession to claim proprietary rights.
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