By Argon Law Head Conveyancer, Charissa Pascoe
Selling a property in Queensland involves more than simply appointing an agent and signing a contract. With recent changes to seller disclosure there are several legal and administrative steps that should be addressed early to avoid delays once a buyer is found.
This guide outlines the key conveyancing considerations to help you prepare your property for sale and provides a checklist to help reduce risk throughout the process.
Many delays in conveyancing in Queensland occur because sellers only begin preparing documentation after an agent has been appointed and prospective buyers have already expressed interest.
Preparing for sale early helps you:
One of the first steps when preparing to sell should be to contact your conveyancer. Sellers will need to complete Verification of Identity (VOI) and, from 1 July 2026, conveyancers are also subject to expanded AML/CTF customer due diligence requirements.
These checks help confirm your identity, who we are acting for and, where required, further information about the transaction. They can take additional time where there are multiple owners, a company or trust is involved, or a party is overseas.
Our recommendation is simple: contact your conveyancer as soon as you decide to sell so these requirements can be dealt with early and unnecessary delays can be avoided once a buyer is found.
Under the Property Law Act 2023 (Qld), sellers must provide a completed Seller Disclosure Statement (Form 2) along with prescribed certificates and searches to a buyer before they sign the contract.
For standard residential properties, 2-5 business days is typically recommended to allow all documents to be collated and 5-10 business days for strata or community title properties as these can be more complex.
Our recommendation is always to get started and seek legal advice as soon as you decide to sell your property. Third-party certificates can take time, and getting caught short can give buyers the right to walk away.
Under the Taxation Administration Act 1953 (Cth), purchasers may be required to withhold part of the purchase price at settlement unless the seller provides an ATO Clearance Certificate. This is an area that’s an easy fix if you start preparing early but can be costly if left to the last minute. If you are an Australian resident for tax purposes, you must apply for an ATO Clearance Certificate, which we recommend seeking as soon as possible. The application process is simple and free, and the certificate is valid for 12 months from the date of issue.
If you are considered a foreign resident, remember that withholding may apply and tax may need to be addressed at settlement. In either case, careful consideration of tax implications and the legalities will save you in the long run.
Before listing, consider whether your sale should include specific conditions.
Common examples include:
Discussing these matters early ensures your contract is aligned with your circumstances.
If your property is mortgaged, there are a few important details in keep in mind:
Again, early preparation reduces settlement risk and ensures a smooth process.
If your property has a regulated swimming pool, a valid Pool Safety Certificate may be required under the Building Act 1975 (Qld).
You should confirm:
In either case, ensure all relevant pool documentation is prepared ahead of time.
Queensland has strict smoke alarm requirements under the Fire and Emergency Services Act 1990 (Qld).
From 1 January 2022, all homes being sold must comply with current legislation. Non-compliance can expose a seller to contractual and statutory risk.
Helpful information regarding smoke alarms can be found here: Smoke alarms | Queensland Fire Department
If your property is part of a Community Titles Scheme (CTS), you should:
These matters may impact buyer due diligence and negotiations, and certain matters may be required to be disclosed to the buyer before entering into the contract.
If the property is leased:
Additionally, if the property is not currently leased but has been in the past 12 months, you will need to disclose this and confirm the last rent increase date.
Before listing, you should:
These amounts are typically adjusted at settlement.
You should be aware of:
Addressing these early helps avoid renegotiation or termination risk.
In Queensland, risk generally passes to the buyer shortly after the contract is signed, unless the contract provides otherwise. However, sellers should keep their building insurance in place until settlement as a precaution, particularly in case the contract does not proceed to completion.
Selling a property in Queensland is not a simple transaction. Selling a house or unit is a structured legal process with real consequences if you’re caught out unprepared. Collating and investigating everything you need early ensures your documentation is accurate, your obligations are met, and your contract reflects your needs.
Getting legal advice before you list your property is one of the best steps you can make to ensure a smooth settlement. Get in touch with our friendly team who are ready to help make your property sale stress-free.
A: You must provide the Seller Disclosure Statement (Form 2) and prescribed documents to the buyer before the buyer signs the contract.
A: Failure to comply with Queensland’s laws regarding disclosure may give the buyer rights to terminate the contract at any time before settlement.
Yes, if you are an Australian resident, you must provide one to avoid withholding at settlement. If you are a foreign resident, withholding may apply, although you may be able to apply to the ATO for a variation notice to reduce the amount required to be withheld.
A: Yes. Conditions can be tailored to your circumstances, such as being subject to purchasing another property, longer/shorter settlement or obtaining approvals. These should be discussed with your solicitor before signing a contract.
Yes. All sellers must complete Verification of Identity as early as possible to satisfy applicable Land Titles requirements and your conveyancer’s AML/CTF customer due diligence obligations
A: You will need to review the lease, comply with tenancy laws, and decide whether the property will be sold with vacant possession.
A: As early as possible – ideally before listing your property – to avoid delays and reduce risk.
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