Conveyancing

What Our Conveyancing Service Includes

• Providing advice throughout the transaction

• Reviewing the Contract or Lease prior to signing

• Completing all necessary property searches (plus additional extras if required)

• Communicating with your financier

• In-house stamping (stamp duty)

• Calculating settlement figures

• Attending settlement

• Lodging documents with the Registrar of Titles.

When relevant, we also verify whether Building Approval has been secured for structures like homes, extensions (such as decks), garden sheds, and swimming pools. Surprisingly, this important step is often missed or not covered by other conveyancers.

Unless there is a Special Condition in the Contract, termination because a Building Approval has not been obtained is not available.

Buying a Property

Buying a home can be stressful and property will likely be the most expensive asset you will acquire, so it’s vital that you seek legal advice from someone experienced in property law.

In Queensland, the usual process when buying property is to make an offer to the real estate agent who showed you the property, who will then provide a standard form of contract containing details of your offer. They will require you to execute this offer with the intention of presenting it to the seller. If the seller executes the contract with no changes a contract is formed.

You should always have the written offer you present reviewed by someone who deals with conveyancing day in and day out, before executing it as once accepted, you are bound by the offer terms.

Before signing any written offer, it's essential to have it reviewed by a conveyancing expert because once the offer is accepted, its terms become legally binding — it's crucial to ensure everything is in order beforehand.

If you intend to buy at auction, you should contact a conveyancing expert prior to bidding and signing a contract as there is no cooling off period for auction sales.

Our team is aware of the pitfalls associated with purchasing a property and considering your specific circumstances, may recommend including additional special conditions in the contract. We can also review any proposed conditions to ensure your interests are protected. Special conditions are often prepared by individuals who, lack the necessary expertise or may not be acting in your best interests.

Once the contract conditions are satisfied the contract is then be ready for settlement.

Preparing for Settlement - Buyers

When the contract conditions are satisfied, our conveyancing team completes a number of tasks on behalf of buyers including:

• Arranging payment of stamp duty

• Liaising with you regarding any mortgage

• Checking with various government authorities to see if they have a vested interest in the property

• Checking to see if there are any outstanding government authority, body corporate etc. debts

• Calculating adjustments for council, water, and strata fees

• Making final checks on the title.

Traditionally, on settlement day buyer and seller representatives met in person with any lenders to hand over funds in exchange for the property title and keys. However, with the introduction of electronic conveyancing, most settlements now take place on-line.

Selling a Property

The decision to sell a property, whether a family home or an investment, is a big one and we understand can be a stressful time.

When selling residential property, you must ensure that a compliant contract for sale of land is prepared setting out the terms of the sale.

The process of selling property in Queensland has also changed significantly with the introduction of a new statutory seller disclosure regime, effective from 1 August 2025. The regime which falls under the Property Law Act 2023 requires sellers to provide a buyer with the following prior to the buyer signing a contract:

• A completed and signed Form 2 Seller Disclosure Statement

• All prescribed certificates relevant to the property.

It is important for sellers to comply with these new requirements as failure to do so can have serious consequences. If sellers do not provide the disclosure documents to the buyers before they sign the contract, or if the documents are inaccurate or incomplete, the buyers may have a statutory right to terminate the contract at any time before settlement.

Importantly, we can prepare Form 2 Seller Disclosure Statements on behalf of sellers.

After a buyer’s offer is accepted, the contract terms are negotiated and the contract is signed by both seller and buyer. The deposit is then usually paid into the real estate agent’s trust account. The contract may be subject to conditions such as finance approval or building and pest inspection reports. Once these conditions are satisfied and any cooling-off periods have expired, the contract becomes binding, and the buyer is obliged to complete the purchase.

Preparing for Settlement - Sellers

When the contract becomes binding, our conveyancing team completes a number of tasks on behalf of sellers including:

• If there is a mortgage, providing the correct form to notify the seller’s lender to prepare for the mortgage to be released at settlement

• Verifying the deposit amount held in trust with the real estate agent

• Liaising with the buyer’s conveyancer to ensure that their legal obligations are met

• Handling enquiries from the real estate agent and the buyer’s conveyancer regarding the property

• Checking transfer documents and witnessing signatures

• Checking settlement figures prepared by the buyer’s conveyancer

• Confirming the balance of any loan with the lender

• Preparing for settlement which now typically takes place online.

Conveyancing requires detailed knowledge of property law and a thorough understanding of the legal processes involved—from initial contract review through to final settlement. While many property transactions proceed smoothly, the complexity of the process is often underestimated, and issues can arise that have serious legal consequences.

Entering into a contract to buy or sell property creates binding obligations. If the terms of the agreement are not met, the ramifications can be significant. That’s why it’s essential to understand your legal position before signing.

Our solicitors and conveyancing paralegals have extensive expertise in Queensland property law. We proudly serve a diverse range of clients, including:

• First home buyers

• Property developers

• Real estate agents

• Banks and mortgage brokers.