Selling your property in Queensland: a seller's guide to conveyancing

Most conveyancing content is written for buyers. And while buyers do have a lot to navigate, sellers have their own set of legal obligations, deadlines, and decisions that deserve just as much attention.

If you're preparing to sell a property in Queensland - whether it's your family home, an investment property, or something you've inherited - this guide is for you.

Do sellers need a conveyancer?

Yes. While much of the legal complexity in a property transaction falls on the buyer's side, sellers have meaningful obligations too - and the consequences of getting them wrong can delay settlement, create legal liability, or cost you money.

A conveyancer acting for a seller may prepare the contract and the seller disclosure statement (not in all cases, sellers may come to the conveyancer with an already-executed contract and SDS), responds to requisitions from the buyer's solicitor, supports you in coordinating discharge of any existing mortgage, and facilitates the transfer of title on settlement day.

Attempting to manage this yourself is possible, but not recommended - particularly if you have a mortgage to discharge, which introduces an additional layer of coordination with your lender.

What do sellers need to disclose in Queensland?

Queensland property law requires sellers to disclose certain information to buyers before or at the time of signing the contract. Failing to disclose relevant matters can give a buyer grounds to terminate the contract - and in some cases, expose you to legal liability.

Key disclosure obligations for sellers include:

• Title encumbrances: Any mortgages, easements, covenants, or caveats affecting the property must be disclosed.

• Neighbourhood disputes: Any registered or notifiable neighbourhood disputes must be disclosed on the contract.

• Swimming pool compliance: If the property has a pool, you must either provide a pool safety certificate or disclose that one is not available (in which case, the buyer takes on responsibility for obtaining one).

• QBCC insurance: For newer properties (built within the last six years), details of any home warranty insurance must be provided.

• Contaminated land: If you are aware of any contamination issues, these must be disclosed.

Your conveyancer will walk you through your specific disclosure obligations before the contract is prepared* (*if they are engaged to do so).

What's included in a property in Queensland - and what isn't?

One of the most common sources of dispute between buyers and sellers is the question of inclusions and exclusions - what stays with the property and what the seller is entitled to take.

Under Queensland law, the general rule is that fixtures (things permanently attached to the property) are included in the sale unless specifically excluded, while chattels (moveable items) are excluded unless specifically included.

Common areas of confusion include:

• Built-in appliances (typically included)

• Freestanding appliances like dishwashers (depends on installation)

• Light fittings and ceiling fans (typically included)

• Curtains and blinds (typically included if fixed)

• Garden sheds (depends on how they're secured)

• Above-ground pools (typically excluded unless specified)

The safest approach is to be explicit in your contract about anything you intend to take with you - and anything you're willing to leave. Your conveyancer can help you get this right before the contract is signed.

Understanding the settlement process as a seller

Once your contract is unconditional (meaning all conditions have been satisfied or waived), both parties are committed to proceeding to settlement. Here's what happens on the seller's side:

• Mortgage discharge: If you have a mortgage on the property, your conveyancer will liaise with your lender to arrange discharge of the mortgage at settlement. This requires lead time - ideally two to three weeks notice to your bank.

• Final figures: Your conveyancer will calculate the final settlement figures, including adjustments for council rates, water charges, and body corporate levies (if applicable) that have been paid in advance.

• Settlement: In Queensland, most settlements are conducted electronically via PEXA. On settlement day, the buyer's funds are received, your mortgage is discharged, and the title is transferred to the buyer. The net proceeds are released to you.

• Keys: Once settlement is confirmed, you release the keys to the agent (or directly to the buyer, if no agent is involved).

  
  

What about capital gains tax?

If the property you're selling is an investment property or is not your primary place of residence, capital gains tax (CGT) implications may apply. Conveyancing and tax are separate matters - your conveyancer handles the legal transfer of the property, but CGT is a question for your accountant or financial adviser.

It's worth getting advice on this before you sign the contract, not after - particularly if you're selling an investment property or a property you've owned for a long time.

When should sellers engage a conveyancer?

Ideally, before you sign the contract - or even before you list the property. Engaging a conveyancer early means the contract is prepared correctly from the outset, your disclosure obligations are met, and there are no last-minute scrambles when a buyer comes to the table.

At Impact Legal, we work with sellers from the earliest stages of the process - right through to the moment settlement is confirmed and the funds are in your account.

Fixed fee. No surprises. Based in Cairns, serving all of Queensland.

Get in touch with our friendly team via our contact page or call 07 4015 3464.