- FAQ
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How does the REIQ 5-day settlement extension work?
How does the REIQ 5-day settlement extension work?
Conveyancing
Either side of a standard Queensland residential contract can push settlement back once, by up to 5 business days, without asking permission or giving a reason. Caller Ron raised it in Legal Matters Ep 32: Police Roadside Stops Part 2 , and Andrew Bell’s answer was clear: it is a safety net, not a free extra week.
How the Extension Works
Current editions of the REIQ Contract for Houses and Residential Land and the residential lots contract include a clause (cl 6.2 in the houses contract) allowing either party to extend settlement.1 In broad terms:
- Either the buyer or the seller can use it.
- No reason is needed and the other party’s consent is not required.
- Written notice must be given before the settlement deadline on the original settlement date.
- The new date can be up to 5 business days after the original date.
- Time remains of the essence for the extended date.2
Always check the exact wording in the edition you signed, as older and specially negotiated contracts differ.
Why the Clause Exists
Before the clause, a missed settlement could collapse a deal for reasons outside either party’s control, such as a bank that cannot join the electronic workspace, a third party slow to release a caveat, or outstanding rates figures. The clause gives both sides breathing room without penalising an innocent delay.
Cooling-Off Versus Settlement Extension
| Feature | Cooling-off period | Settlement extension |
|---|---|---|
| Who benefits | Buyer only | Buyer or seller |
| When | From contract date | At settlement |
| Length | 5 business days | Up to 5 business days |
| Cost | Termination penalty may apply | No fee, but default risk rises |
See Also
- Legal Matters Ep 32: Police Roadside Stops Part 2
- How Long Does Property Settlement Take in Queensland?
- What Happens on Settlement Day?
- PEXA Electronic Settlement
- Property Cooling-Off Periods
- Residential Conveyancing
This page provides general legal information only; it is not personal legal advice. Everyone’s situation is different, so please seek independent legal advice for your own circumstances.
Need Specific Legal Advice?
The answers above are general. For advice tailored to your specific situation, contact our Southport solicitors today.
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Real Estate Institute of Queensland, Contract for Houses and Residential Land, Standard Terms cl 6.2 (extension of Settlement Date). https://www.reiq.com/ ↩︎
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Property Law Act 2023 (Qld). https://www.legislation.qld.gov.au/view/html/inforce/current/act-2023-031 ↩︎