Brisbane Conveyancing and Property Lawyers

Queensland contracts are usually prepared by the selling agent and put in front of the buyer to sign, often on the day the offer is made. If you are buying in Brisbane from Sydney or Melbourne, that is the moment to get advice, because the deadlines start running as soon as the signed contract comes back to you.

Optimum Lawyers is a Parramatta property law firm that acts on Queensland purchases, sales and transfers for clients who live in other states. Documents are signed remotely and settlement is electronic.

How a Queensland purchase runs

• Cooling-off is 5 business days. It starts on the day you receive a copy of the contract signed by both parties and ends at 5pm on the fifth business day. If you withdraw, the seller can keep up to 0.25% of the price.
• There is no cooling-off at auction.
• Each condition has its own date. Finance and building and pest conditions only protect you if they are worded properly and acted on by the date written in the contract.

What the seller must tell you, and what they do not

Since 1 August 2025 a Queensland seller must give the buyer a seller disclosure statement (Form 2) and the prescribed certificates before the buyer signs. They cover the title and encumbrances, planning and zoning, notices affecting the property, and body corporate information for units. If the documents are not given, or are wrong about something material, the buyer may be able to terminate at any time before settlement.

The statement leaves out three things interstate buyers tend to assume are in it: flooding history, the structural soundness of the building, and past building or development approvals. Those are still yours to check.

Checks that are specific to Brisbane

• Flood. Brisbane City Council publishes a FloodWise Property Report for each address. It shows river, creek, storm tide and overland flow risk, with the January 2011 and February 2022 flood levels where they are available. We read it alongside the contract, because the seller is not required to disclose flooding.
• Character houses. Houses built up to the end of 1946 are often inside the traditional building character overlay, and houses built before 1911 have extra protection. That can stop a demolition or limit a renovation. Check before you buy a Queenslander as a knock-down.
• Apartments. Units are sold with a body corporate certificate showing the levies, the sinking fund and any special levies already raised.
• Council boundaries. Greater Brisbane is several councils. Logan, Ipswich, Moreton Bay and Redland each keep their own flood and planning mapping, so the searches differ outside the Brisbane City Council area.

Selling a Brisbane property from interstate

• Disclosure comes first. Form 2 and the certificates must be in the buyer’s hands before they sign. A contract signed without them can be terminated right up to settlement.
• Smoke alarms. A dwelling being sold needs interconnected photoelectric smoke alarms in every bedroom, in the hallways that connect bedrooms, and on each storey.
• Pools. A pool safety certificate is one of the prescribed certificates.
• Tenancies. The lease, bond and rent are dealt with in the contract and adjusted at settlement.

Transfers without a sale

We act on transfers of Brisbane property where nothing is being sold: adding or removing a partner, transfers after a separation, transfers from a deceased estate, and transfers into or out of a trust or self-managed super fund. Queensland transfer duty can apply even when no money changes hands, so get advice before the transfer is signed.

Lawyer or conveyancer?

For a local buyer on a simple purchase, a conveyancer can do the work well. A property lawyer adds advice on the contract before you sign, negotiation of its terms, and representation if the sale goes wrong. In Queensland that matters most when a disclosure document turns out to be wrong, or a flood or approval problem surfaces between contract and settlement.

What clients say about our Queensland work

“I engaged Wisam for conveyancing to purchase an interstate investment property.”

Shady Soliman, Google review

Questions about conveyancing in Brisbane

How long is the cooling-off period in Queensland?

Five business days, starting on the day you receive the contract signed by both parties. The seller can keep up to 0.25% of the price if you withdraw. Auctions have no cooling-off period.

Does a Brisbane seller have to tell me if the property has flooded?

No. Flooding history is outside the seller disclosure scheme. Get the council’s FloodWise Property Report for the address and an insurance quote before the contract becomes unconditional.

Can a NSW law firm act on a Queensland purchase?

Yes. A solicitor holding a current Australian practising certificate can act on property in any state or territory, and Queensland settlements are completed electronically.

I am a foreign buyer. Is there extra duty?

Yes. Additional foreign acquirer duty of 8% applies to residential land in Queensland bought by a foreign person, on top of transfer duty.

I have already signed. What now?

Send us the contract straight away. The cooling-off clock and the condition dates are already running, and both can usually still be used if you act in time.

Related: Property lawyers Brisbane | QLD interstate conveyancing | Interstate conveyancing | Seller disclosure in Queensland | Contract review | Property lawyers Australia