Selling a home or investment property can move quickly once a buyer makes an acceptable offer. However, there are several legal matters that are better addressed before the contract is signed rather than after the property is under contract.

This is particularly important following the introduction of Queensland's statutory seller disclosure scheme on 1 August 2025, which changed the information and documents sellers generally need to provide to buyers before a contract is entered into.

Preparing early can help avoid unnecessary delays, contractual problems and issues at settlement.

1. Speak With Your Solicitor Before a Contract Is Signed

Sellers often contact their solicitor only after the real estate agent has negotiated the sale and circulated a signed contract.

Ideally, legal advice should be obtained earlier.

Before signing, a seller should consider matters including:

• seller disclosure requirements;
• the proposed purchase price;
• deposit arrangements;
• settlement date;
• inclusions and exclusions;
• any existing mortgage;
• finance conditions requested by the buyer;
• building and pest conditions;
• special conditions;
• tenancies;
• body corporate matters;
• swimming pool requirements; and
• whether there are any unusual issues affecting the property.

A contract can become legally binding very quickly. It is much easier to address an issue before signing than to try to renegotiate the contract afterwards.

2. Queensland's Seller Disclosure Scheme

Since 1 August 2025, Queensland has had a statutory seller disclosure scheme under the Property Law Act 2023 (Qld).

Subject to exceptions, a seller must provide the buyer with a prescribed disclosure statement and applicable prescribed certificates before the buyer signs the contract. The disclosure statement must contain the prescribed information, be accurate when given and be signed by the seller.

The scheme applies broadly to sales of:

• houses;
• townhouses;
• units;
• commercial property; and
• vacant land.

There are statutory exceptions, so the requirements should be considered for the particular transaction.

This is now an important part of preparing a Queensland property for sale.

3. What Does a Seller Need to Disclose?

The information required depends on the property.

The prescribed disclosure information includes matters such as:

• the seller's name;
• property address;
• lot and plan description;
• whether the property is in a community titles or certain other schemes;
• unregistered encumbrances;
• zoning;
• certain environmental and contamination information;
• certain government notices;
• relevant pool information;
• rates and water information; and
• certain tenancy information where applicable.

Prescribed certificates can include a current title search, registered survey plan and particular certificates or notices that apply to the property.

For a property in a community titles scheme, additional body corporate documentation may also be required.

Because the disclosure documents must generally be provided before the buyer signs, sellers should allow enough time to prepare them before expecting a buyer to execute a contract.

4. Accuracy of the Disclosure Is Important

Seller disclosure should not be treated as an administrative formality.

If the seller fails to provide the required disclosure documents, the buyer may have a statutory right to terminate the contract before settlement.

A buyer can also potentially terminate where disclosure is inaccurate or incomplete in relation to a material matter if the statutory requirements are satisfied — including that the buyer was unaware of the true position and would not have signed had they known it.

Accordingly, sellers should carefully review the disclosure statement rather than simply signing documents prepared by someone else without checking the information.

We'll deal with these requirements in greater detail in our separate article Queensland Seller Disclosure Laws: What Property Sellers Need to Know.

5. Seller Disclosure Does Not Cover Everything About the Property

The statutory disclosure scheme does not require a seller to provide every conceivable piece of information about the property.

For example, the prescribed disclosure statement expressly warns that it does not include information about matters such as:

• flooding or other natural hazard history;
• structural soundness or pest infestation;
• current or historical use of the property;
• current or previous building or development approvals;
• planning-law restrictions;
• services connected or potentially connected to the property; and
• asbestos in buildings or improvements.

Other statutory, contractual or legal disclosure obligations may also apply depending on the property and transaction.

6. Make Sure the Seller Is Correctly Identified

The contract needs to identify the correct legal owner of the property.

This sounds straightforward, but complications can arise where:

• the property is owned jointly;
• an owner has changed their name;
• an owner has died;
• the registered owner is a company;
• the property is held by a trustee;
• there is an enduring power of attorney involved; or
• there is another issue affecting the seller's authority to transact.

Identifying these matters early can prevent settlement delays.

7. Check the Title Before Selling

A current title search forms part of the prescribed disclosure material and also assists in identifying interests affecting the property.

The title may reveal matters such as:

• registered mortgages;
• easements;
• covenants; and
• other registered interests.

If something unusual appears on the title, it should be investigated before the contract is signed.

For example, an existing mortgage will generally need to be discharged as part of settlement.

8. If You Have a Mortgage

Having a mortgage does not prevent you from selling the property.

However, your lender will generally need to be involved in the settlement process so that the mortgage can be discharged.

Sellers should notify their lender early and complete any required mortgage discharge documentation.

Waiting until immediately before settlement can create unnecessary pressure, particularly if the lender requires additional information or processing time.

Your solicitor will coordinate with the lender and the buyer's solicitor as settlement approaches.

9. Be Clear About What Is Included in the Sale

The contract should clearly identify any items that are included or excluded.

Potential issues can arise with:

• dishwashers;
• refrigerators;
• wall-mounted televisions;
• curtains and blinds;
• security systems;
• solar equipment;
• pool equipment;
• outdoor furniture;
• garden structures; and
• other items at the property.

Whether something is a fixture or a chattel can sometimes become contentious.

If you intend to remove something that a buyer might reasonably expect to remain, make that position clear in the contract.

Similarly, if a particular item is being sold with the property, ensure the contract accurately reflects that agreement.

10. Swimming Pools

Properties with regulated swimming pools can have additional requirements.

The seller disclosure regime itself requires information concerning relevant pools, and prescribed documentation may include a pool safety certificate where applicable.

Separate Queensland pool safety requirements also apply to property sales. The precise obligations differ depending on matters including whether the pool is shared or non-shared and whether a current pool safety certificate exists.

If your property has a pool, check its status early rather than leaving the issue until settlement.

11. Smoke Alarms

Queensland residential properties are subject to smoke alarm requirements.

For a transfer of residential land, Queensland legislation requires the transferor to give the transferee written notice, on or before possession, stating whether complying smoke alarms are installed.

Sellers should make sure smoke alarms are addressed as part of their pre-sale preparation rather than assuming this is something the buyer will deal with after settlement.

12. Selling a Tenanted Property

Additional considerations arise where an investment property is occupied by tenants.

Before entering into a contract, consider:

• the existing tenancy agreement;
• whether the property is being sold subject to the tenancy or with vacant possession;
• the tenancy end date;
• rent paid;
• bond arrangements;
• notices already given;
• the date of the last rent increase; and
• how rent will be adjusted at settlement.

Certain tenancy information is also part of the prescribed seller disclosure regime where the property was subject to a residential tenancy or rooming accommodation agreement during the relevant period before the contract.

Do not promise vacant possession unless you understand whether it can actually be provided by the contractual settlement date.

13. Selling a Unit or Townhouse

If the property forms part of a community titles scheme, additional issues need to be considered.

These may include:

• body corporate disclosure;
• administrative and sinking fund levies;
• special levies;
• body corporate insurance;
• exclusive-use areas;
• by-laws;
• outstanding amounts; and
• body corporate certificates.

Under the seller disclosure scheme, sales of lots in community titles schemes can require the community management statement and body corporate certificate as prescribed documentation.

If obtaining the necessary documentation will take time, start the process before a buyer is ready to sign.

14. Consider the Buyer's Conditions Carefully

A buyer may make an offer subject to conditions such as:

• finance;
• building and pest inspection;
• sale of another property;
• due diligence;
• satisfactory searches; or
• another event occurring before the contract becomes unconditional.

Conditions can be entirely appropriate, but sellers should understand their effect.

A broadly drafted condition may give the buyer significantly greater flexibility to withdraw than the seller anticipated.

The wording matters.

15. Building and Pest Conditions

Building and pest conditions are common in residential property contracts.

From the seller's perspective, consider:

• how long the buyer has to obtain the reports;
• what contractual rights the buyer has following the inspection;
• what notice must be given;
• whether the buyer may seek to renegotiate the price; and
• what happens if the condition is not satisfied.

If a buyer raises an issue following an inspection, obtain advice before agreeing to repairs, a price reduction or another variation to the contract.

16. Subject to Finance

A buyer may also require the contract to be conditional upon obtaining finance.

Until the finance condition has been satisfied or otherwise resolved under the contract, the transaction may remain conditional.

Sellers should understand the finance date and what rights arise if the buyer does not obtain finance.

A higher offer containing uncertain or extensive conditions is not necessarily commercially preferable to a slightly different offer with fewer conditions.

The overall contract should be considered, not just the headline price.

17. The Deposit

The contract ordinarily specifies:

• the deposit amount;
• when it is payable;
• who will hold it; and
• whether it is payable in one or more instalments.

The deposit is usually held by a stakeholder pending completion of the transaction.

Sellers should not assume that the deposit automatically becomes available for their personal use once the contract is signed.

If there is a proposal for early release of a deposit, obtain legal advice about the contractual and practical consequences.

18. Special Conditions

Special conditions can significantly alter the standard contractual position.

They may deal with matters such as:

• repairs before settlement;
• sale of another property;
• early access;
• furniture;
• tenancy arrangements;
• due diligence;
• development approvals;
• deposit arrangements;
• extended settlement periods; or
• other property-specific issues.

Special conditions should be carefully drafted.

Informal wording added to a contract can create ambiguity about what the parties actually intended.

19. Choosing the Settlement Date

The settlement date should be realistic.

Before agreeing to a date, consider:

• your mortgage discharge;
• whether you are purchasing another property;
• moving arrangements;
• tenants;
• holidays or travel;
• the buyer's finance;
• any work required before settlement; and
• whether vacant possession must be provided.

If you are simultaneously buying another property, coordinating the two transactions can require additional planning.

20. Preparing for Settlement

As settlement approaches, the seller will generally need to:

• complete any lender requirements;
• respond to conveyancing enquiries;
• review settlement figures;
• ensure contractual obligations have been met;
• arrange to vacate where required;
• remove excluded items;
• leave included fixtures and chattels at the property; and
• make arrangements for keys.

Your solicitor will coordinate the legal and financial aspects of settlement with the buyer's solicitor and relevant financial institutions.

21. Settlement Adjustments

The purchase price is not necessarily the exact amount transferred to the seller at settlement.

Settlement calculations may include adjustments for matters such as:

• council rates;
• water charges;
• body corporate levies;
• rent;
• deposits already paid; and
• other amounts relevant to the transaction.

These adjustments allocate expenses or income between the parties in accordance with the contract and their respective periods of responsibility.

Any mortgage payout and other required payments will also affect the net amount ultimately received by the seller.

22. Electronic Settlement

Most Queensland conveyancing transactions are settled electronically.

At settlement, the electronic workspace facilitates matters including:

• payment of the purchase price;
• payment to the seller's lender;
• discharge of the seller's mortgage;
• transfer of title;
• payment of other required amounts; and
• lodgement of the relevant documents.

Once settlement has completed, your solicitor will confirm completion and the real estate agent can ordinarily be authorised to release the keys.

23. Vacant Possession

If the contract requires vacant possession, the seller needs to ensure the property is vacated as required.

This ordinarily means more than simply moving out personally.

Issues can arise if:

• tenants remain in occupation;
• substantial possessions remain at the property;
• rubbish has not been removed; or
• another person remains entitled to occupy the property.

If you may have difficulty providing vacant possession by settlement, raise it early.

24. The Buyer's Final Inspection

A buyer will commonly conduct a final inspection shortly before settlement.

The buyer may check that:

• the property remains in the expected condition;
• included items remain;
• excluded items have been removed;
• agreed work has been completed; and
• vacant possession can be provided where required.

If an issue is raised after the final inspection, speak with your solicitor before agreeing to any proposed arrangement.

25. What If the Seller Cannot Settle on Time?

Settlement dates matter.

If a seller cannot complete settlement when contractually required, the consequences depend on the contract and circumstances.

Possible issues may arise from:

• delayed mortgage discharge;
• difficulties obtaining documents;
• a linked purchase or sale failing to settle;
• inability to provide vacant possession;
• title issues; or
• failure to complete agreed work.

If a potential settlement problem becomes apparent, tell your solicitor as early as possible.

Do not assume that the buyer must automatically agree to an extension.

Common Mistakes Sellers Can Avoid

Many conveyancing problems can be reduced through preparation.

Common mistakes include:

• waiting until a buyer is ready to sign before preparing disclosure documents;
• providing inaccurate or incomplete disclosure information;
• signing a contract without legal review;
• failing to disclose relevant title or property issues;
• overlooking pool requirements;
• not starting the mortgage discharge process early enough;
• promising vacant possession without considering an existing tenancy;
• failing to specify inclusions and exclusions clearly;
• agreeing to poorly drafted special conditions;
• overlooking body corporate documentation;
• agreeing to an unrealistic settlement date; and
• making informal promises to a buyer that are not properly reflected in the contract.

Before You Sign a Queensland Sale Contract

Before signing, sellers should ask:

Have the seller disclosure documents been properly prepared and provided?

Is the seller correctly named?

Have I checked the title?

Does my lender need to discharge a mortgage?

Are the inclusions and exclusions clear?

Are there any tenancy issues?

Does the property have a pool?

Are there body corporate requirements?

Do I understand the buyer's finance and building and pest conditions?

Are there any unusual special conditions?

Can I provide vacant possession?

Is the settlement date realistic?

Do I understand what needs to happen before settlement?

Addressing these matters before signing can make the transaction considerably smoother.