The Conveyancing process in QLD: A step-by-step guide

Buying your home in Queensland is one of the biggest decisions you will make. The conveyancing process, the legal work of transferring a property from the seller to you, is what makes that purchase official at settlement. Queensland property transactions also changed meaningfully on 1 August 2025, when the Property Law Act 2023 introduced a mandatory seller disclosure scheme, including the Form 2 Seller Disclosure Statement.

This guide walks through the QLD conveyancing process step-by-step from the point of view of a buyer. It covers what happens before you sign, the cooling-off period and finance and building-and-pest conditions (if applicable), the searches your solicitor may conduct, stamp duty (also known as transfer duty) and the first home buyer concession, PEXA settlement and what to do after the key handover.
This guide is general information for Queensland residential buyers and does not replace legal advice on your specific contract.

How long does the Conveyancing process take in Queensland?

The standard conveyancing process in QLD usually takes 4-6 weeks from contract signing to settlement. In many residential purchases, settlement is around 30 days from the contract date, but the exact timeframe depends on what the buyer and seller agree to before the contract is signed.

Some purchases can take longer including, off-the-plan properties, auction purchases, trust or SMSF purchases, or matters involving title, body corporate or disclosure issues.

If you need a faster or slower settlement, this should be negotiated before you sign the contract.

Step 1: Before you sign – contract review

One of the most valuable things your solicitor can do during the conveyancing process is review the contract before you sign it. Once both parties sign, the contract becomes legally binding and most of the important terms are locked in. Special conditions cannot be added, deposit amounts cannot be reduced, and settlement dates cannot be moved without both sides agreeing.

Before you sign your solicitor can check:

• Whether the deposit amount and due date are reasonable for your situation.
• Whether the settlement date gives you enough time for finance and inspections.
• Whether the property is being sold with any tenancies, encumbrances or easements.
• Whether the seller has included any special conditions that shift risk to you and if special conditions have been properly drafted.
• Whether the Form 2 Seller Disclosure Statement and Prescribed Certificates have been properly given before signing.

If you are buying at auction, the contract review has to happen before auction day. Auction purchases in Queensland do not attract a cooling-off period, so there is no chance to withdraw after the hammer falls, unless the Seller is in default.

Step 2: Signing the Contract

Most Queensland residential purchases use a standard REIQ Contract, prepared by the Real Estate Institute of Queensland and Queensland Law Society. For current residential purchases, this is generally the Contract for Sale and Purchase of Residential Real Estate.

As part of the conveyancing process QLD, the contract records the key terms of the purchase, including the purchase price, deposit, settlement date, finance condition building-and-pest condition (if applicable) and any special conditions.

Once both the buyer and seller have signed, the contract becomes legally binding. From there, key dates under the contract become important, including when the deposit is due and when finance and building-and-pest conditions must be satisfied. If applicable, the cooling off period QLD starts on the first business day when you or your solicitor receive a copy of the signed contract.

Step 3: The 5 business day cooling-off period

For most private treaty residential purchases in Queensland, buyers have a 5 business day cooling-off period, unless an exemption applies or the buyer has waived their cooling-off rights. As part of the conveyancing process QLD, this gives you a short window after receiving the signed contract to reconsider the purchase and get legal advice.

The cooling off period in QLD starts on the first business day you, or your solicitor, receive a copy of the contract signed by both the buyer and seller. If you terminate during this period, the seller must refund your deposit, but may deduct a termination penalty of up to 0.25% of the purchase price.

During this window, your solicitor can review the fully signed REIQ Contract, check the Form 2 Seller Disclosure Statement and Prescribed Certificates, and raise any urgent issues with the seller’s solicitor. The contract is already binding at this point, so the cooling-off period should be treated as a limited safety window rather than extra time to renegotiate every term.

Auction purchases do not have a cooling-off period. Buyers can also waive or shorten the cooling-off period by giving written notice, so in those situations the contract review should happen before signing.

Step 4: Paying the deposit into a trust account

As part of the conveyancing process in QLD, the buyer usually pays a deposit after the contract becomes binding (is signed). The deposit is often 5% or 10% of the purchase price, but there is no fixed legal amount. The amount, due date and payment method should be clearly set out in the contract, negotiated in step 1.

In most conveyancing QLD purchases, the deposit is paid into the real estate agent’s trust account, or in some cases another stakeholder’s trust account, rather than directly to the seller. This helps ensure the deposit is held separately until settlement or until it can be released in accordance with the contract.

If the contract settles, the deposit is credited towards the purchase price at settlement. If the contract is validly terminated during the cooling off period QLD, the seller may deduct the statutory termination penalty of up to 0.25% of the purchase price. If the contract is validly terminated under an unsatisfied finance, building-and-pest or other condition, the deposit is generally returned to the buyer without that cooling-off penalty, subject to the terms of the contract.

Step 5: The Form 2 Seller Disclosure Statement

Since 1 August 2025, sellers of residential property in Queensland must give the buyer a Form 2 Seller Disclosure Statement and any required Prescribed Certificates before the buyer signs the contract, otherwise the buyer may have the right to terminate the Contract This requirement comes from the Property Law Act 2023, with the detailed disclosure information and Prescribed Certificates set out in the Property Law Regulation 2024.

As part of the conveyancing process in QLD, the Form 2 helps bring important property information into a standard disclosure process before the buyer signs the contract.

The Form 2 and Prescribed Certificates may cover:

• Title details and registered interests shown on the title search.
• Unregistered encumbrances, such as leases, easements or statutory encumbrances.
• Rates and water services information.
• Zoning, transport notices, resumption notices and heritage listing.
• Body corporate information for units and townhouses.
• Pool safety certificate status, if there is a relevant pool.
• Contamination and environmental register information.
• Certain tree applications or orders affecting the property.

If the seller does not give the required disclosure documents before signing, or gives inaccurate or incomplete information about a material matter, the buyer may have a right to terminate the contract before settlement. Your solicitor should check the Form 2 Seller Disclosure Statement before signing where possible, and again during the cooling off period if the contract has already been signed.

Step 6: Applying for finance approval

If your contract is subject to finance, the contract will include a finance amount, financier and finance date. This date is commonly 14 to 21 days after contract signing, but it depends on what is written into the contract.

As part of the conveyancing process, buyers should understand that pre-approval is not the same as formal finance approval. Before confirming that finance is approved, you should make sure your lender or broker has confirmed the loan approval needed for your purchase, and that you are happy with the terms of your finance approval.

If finance is not approved by the finance date, you may be able to terminate the contract and have your deposit returned, provided the finance condition applies and you have taken all reasonable steps to obtain approval. Your solicitor can monitor the finance date, request an extension where needed, and communicate with the seller’s solicitor while your lender finalises approval.

Step 7: Building and pest inspection

If your contract is subject to a building and pest inspection, the contract will include an inspection date by which you need to obtain satisfactory building and pest reports. As part of the conveyancing process, the buyer usually arranges and pays for these inspections, and the reports are prepared for the buyer.

If a report identifies issues you are not comfortable with, such as active termite activity, structural cracking, extensive water damage or other significant defects, you may be able to terminate the contract, provided you act reasonably and give the required notice on time.

Building and pest is also a common negotiation point in conveyancing matters. Depending on the report and the contract terms, you may ask the seller to remedy an issue, agree to a price adjustment or extend the inspection date while further advice is obtained. Your solicitor can prepare the notice to the seller and help you understand whether the report gives you a proper basis to terminate or negotiate.

Step 8: Special conditions

Special conditions are extra clauses added to the standard REIQ contract to deal with specific risks, agreements or circumstances that are not fully covered by the standard terms. In the conveyancing process QLD, they are often used where the buyer or seller needs something more specific written into the contract.

Common special conditions may deal with:

• The sale of your existing property before settlement.
• A negotiated settlement arrangement, such as a right to extend settlement.
• A rent back of the property by the seller after settlement.
• Council or body corporate approvals that need to be in place before settlement.
• Work the seller must complete before settlement.
• Retention amounts held back at settlement for identified issues.

Special conditions must be drafted precisely. A poorly worded special condition can create uncertainty, be difficult to enforce, or shift risk onto you instead of protecting you. This is one of the reasons contract review before signing (step 1) is so important in any conveyancing QLD purchase.

Step 9: Property searches and due diligence

During the conveyancing process QLD, your solicitor conducts searches between contract signing and settlement to check title, outgoings, and if instructed by you, other issues that may affect the property. Some searches confirm information in the contract and Form 2 Seller Disclosure Statement, while others help identify issues that still need to be resolved before settlement.

Common conveyancing QLD searches include:

• Title search, confirming the registered owner and identifying registered encumbrances such as mortgages, easements or caveats.
• Rates and water searches from the local council and water authority.
• Land tax clearance, to check there is no unpaid land tax affecting the land.
• Registered plan search, confirming the lot description, boundaries and any registered easements.
• Body corporate search for units and townhouses, including levy information,
• body corporate records and any special levy or dispute issues.
• Flood, contamination, transport, tree or heritage searches where the property warrants them.

Searches can reveal issues that need to be resolved before settlement, such as unpaid rates, a caveat that needs to be removed, an undisclosed easement or a body corporate issue. Anything material should be raised with the seller’s solicitor so it can be corrected, adjusted at settlement or dealt with under the contract.

Step 10: Stamp duty and the first home buyer concession

Transfer duty, often called stamp duty, is a Queensland Government tax on the purchase of property. It is calculated on the dutiable value of the property and is usually paid by the buyer before or at settlement.

For first home buyers, the first home buyer concession can significantly reduce or eliminate transfer duty. For established homes, the first home concession applies to eligible homes valued under $800,000, with no duty payable for eligible homes valued at $700,000 or less. For eligible first home buyers purchasing a new home under contracts dated from 1 May 2025, a separate first home (new home) concession may reduce transfer duty to nil, with no value cap for the home and residential land.

To qualify for the first home concession, you generally need to:

• Be acquiring the property as an individual.
• Be at least 18 years old.
• Have never held an interest in another residence in Australia or overseas.
• Move into the home with your personal belongings and live there on a daily basis within 1 year of settlement.
• Meet the post-concession requirements, including rules about selling, transferring, leasing or granting exclusive possession of the property.

Your solicitor can prepare and lodge the transfer duty forms, claim the concession where you are eligible, and arrange for duty to be paid as part of settlement. If you claim the concession but later fail to meet the occupancy or disposal requirements, you must notify the Queensland Revenue Office (QRO) and may need to repay some or all of the concession, plus interest or penalty tax depending on the circumstances.

Step 11: Pre-settlement inspection

Before settlement, the buyer is usually entitled to inspect the property once, after giving reasonable notice. In the conveyancing process, this inspection is commonly arranged in the final few days before settlement so you can check the property before the purchase is completed.

The pre-settlement inspection lets you confirm that:

• The property is in substantially the same condition as when you signed the contract.
• Any repairs or works the seller agreed to complete have been done.
• Fixtures and chattels listed in the REIQ contract are still present.
• There is no obvious new damage from the seller moving out.

If there is a problem, your solicitor can raise it with the seller’s solicitor before settlement. Depending on the issue, the parties may agree to rectification, a settlement adjustment, a delayed settlement or a retention amount held back from the seller’s proceeds until the issue is fixed.

Step 12: Electronic settlement day

Most Queensland residential settlements now happen electronically through an approved eConveyancing platform, often PEXA but also Sympli. During a PEXA settlement, your solicitor, the seller’s solicitor, your incoming lender and the seller’s outgoing lender, where lenders are involved, participate in a shared electronic workspace at the scheduled settlement time.

In the workspace, once all parties are ready:

• Settlement funds are transferred to the seller, the seller’s outgoing lender and any other required payees.
• The seller’s mortgage is discharged, if there is one.
• The transfer and any incoming mortgage are lodged electronically with Titles Queensland.
• Transfer duty, fees and settlement adjustments are accounted for as part of the settlement figures.

Settlement often completes quickly once the workspace is ready, although delays can happen if a bank, document or source funds are not ready in time. Once settlement is confirmed, your solicitor notifies the real estate agent so the keys can be released to you. Registration of the transfer is then completed through Titles Queensland.

Step 13: After settlement – registration and next steps

The transfer is automatically lodged with the Queensland Titles Registry through PEXA and is usually registered within 3-5 business days, if not quicker. You will receive confirmation from your solicitor that registration is complete.

On the same day or shortly after settlement, remember to:

• Confirm with your solicitor that settlement has completed and keys can be released.
• Arrange or update electricity, gas, internet and other utilities.
• Update your driver licence, electoral roll, banks, insurers and other important address records.
• Make sure appropriate insurance is already in place, noting Queensland buyers may be responsible for insurance before settlement.
• Change the locks if you wish.
• Keep your settlement statement, transfer duty confirmation and registration confirmation for your records.

Common pitfalls we see across Brisbane Northside purchases

Kelly Lawyers has been acting for buyers on Brisbane’s Northside since 1984, and the same handful of issues come up regularly. Being aware of them upfront can save time, money and stress.

• Signing a contract without a solicitor reviewing it first. The cooling off period, if it applies, gives buyers a short termination window, but it is not a substitute for getting the REIQ contract checked before signing.
• Not budgeting for transfer duty, particularly for buyers who do not qualify for the first home concession.
• Waiting until the finance date to tell your solicitor there is a problem with your lender.
• Assuming the Form 2 Seller Disclosure Statement has been provided correctly. If the seller does not give the required disclosure documents before signing, or gives inaccurate or incomplete information about a material matter, the buyer may have a right to terminate up to settlement.
• Skipping the pre-settlement inspection, which we recommend doing a few days before settlement to confirm the property’s condition.
• Buying at auction without a contract review first. Auction purchases in Queensland do not have a cooling-off period, so legal review, finance and inspections should happen before auction day.

Working with a Conveyancing solicitor on Brisbane’s Northside

Our Property and Conveyancing team is based in Ascot on Racecourse Road, and acts for buyers or sellers across Brisbane’s Northside, including Ascot, Clayfield, Hamilton, Nundah, Banyo, Nudgee, Virginia, Kedron, Stafford and Chermside.

We handle the QLD conveyancing process end to end: contract review before you sign, cooling-off management, finance and building-and-pest condition dates, Form 2 Seller Disclosure Statement review, property searches, transfer duty and buyer concession forms, electronic settlement, through PEXA settlement, and post-settlement registration steps.

You will not be left guessing. We explain the “why” behind the advice, give you clear next steps, and keep you updated as things progress.