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Conveyancing

QLD

A complete matter management solution for practitioners running a busy conveyancing practice in Queensland.

4 Matter Plans

Overview

The Sale and Purchase of Real Property matter plans cover all the common and less frequent issues that arise in conveyancing matters. Each step of the transaction is outlined in sequential order, with all required precedents conveniently located, along with links to the relevant sections of the comprehensive commentaries.

The Retirement Villages commentary covers standard contracts and mandatory documents, duties, taxes and rates, commencing and ending a residency, and dispute resolution.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Also included is 1001 Conveyancing Answers (QLD), which is a useful reference guide.

Precedents in this publication include:

  • A full suite of letters to:
    • clients;
    • real estate agents; and
    • mortgagees.
  • Seller disclosure statement questionnaire
  • Library of further terms;
  • Library of other agreements, deeds, and contracts;
  • Option agreement and notices.
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4 Matter Plans Included

  • Item icon ALERT - Additional disclosure requirements apply to contracts for the sale of a lot entered into, or an option granted, from 1 August 2025. See Disclosure requirements for details.
    Additional disclosure requirements apply to contracts for the sale of a lot entered into, or an option granted, from 1 August 2025. See Disclosure requirements for details.

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  • Item icon Full Commentary - Sale of Real Property (QLD)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 1001 Conveyancing Answers (QLD)
    • Item icon 101 Costs Answers
    • Item icon A Brief Explanation of the Transition to E-Conveyancing
    • Folder icon Papers and articles - Conveyancing and property
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
      • Item icon Adjustment for cladding agreements
      • Item icon Adjustment of rates
      • Item icon Adjustment of rent
      • Item icon Adjustments
      • Item icon Adjustments and land tax in 2024
      • Item icon Agreement to lease
      • Item icon Avoiding off the plan - Quality defects
      • Item icon Avoiding off the plan - Statutory rights
      • Item icon Avoiding off the plan contracts - A sequel
      • Item icon Bits and pieces
      • Item icon Breach of contract - Penalty interest
      • Item icon Breach of contract – Reasonably foreseeable loss
      • Item icon Breach of section 32
      • Item icon Caveats (Vic)
      • Item icon Caveats - Forcible removal 1
      • Item icon Caveats - Forcible removal 2
      • Item icon Caveats - Insufficient proceeds from settlement
      • Item icon Caveats - Tenant’s caveats and the sale or mortgaging of freehold property
      • Item icon Caveats - Use them!
      • Item icon Costs and caveats
      • Item icon Certificates of title in electronic conveyancing
      • Item icon Clayton's settlement
      • Item icon Compensation for loss
      • Item icon Contamination
      • Item icon Contract – Australian Consumer Law – Impact on residential conveyancing
      • Item icon Contract - Avoiding off the plan contracts 1
      • Item icon Contract - Avoiding off the plan contracts 2
      • Item icon Contract - Changing the contract by special condition
      • Item icon Contract - Electronic conveyancing special condition
      • Item icon Contract - Electronic signatures
      • Item icon Contract - Entire contract
      • Item icon Contract - Guarantee
      • Item icon Contract - Is there a contract?
      • Item icon Contract - Misleading contracts
      • Item icon Contract - New contract
      • Item icon Contract - New contract - Contract of sale tweaked
      • Item icon Contract - New contract - Happy anniversary
      • Item icon Contract - New special conditions for contract of sale
      • Item icon Contract - Nomination
      • Item icon Contract - Terms contracts 1
      • Item icon Contract - Terms contracts 2
      • Item icon Contract - Terms contracts 3
      • Item icon Contract - Trust transactions
      • Item icon Cooling off
      • Item icon Co-owners - Joint tenancy or tenancy in common
      • Item icon Co-owners and easements – Two topics
      • Item icon Covenant - Removal of covenants 1
      • Item icon Covenant - Removal of covenants 2
      • Item icon Defects - Essential safety measures - Part 1
      • Item icon Defects - Essential safety measures - Part 2
      • Item icon Defects - Occupancy and insurance certificates
      • Item icon Deposit - Deposit release - 2010
      • Item icon Deposit - Deposit release - 2017
      • Item icon Deposit - Deposit release - A solution?
      • Item icon Deposit - Deposit release - Tough decisions?
      • Item icon Deposit - Deposit release - Why take the risk?
      • Item icon Deposit - Forfeiture of deposit
      • Item icon De-regulated Contract of Sale of Land
      • Item icon Deterioration - A matter of degree
      • Item icon Deterioration - General condition 24 has teeth
      • Item icon Deterioration - State of the premises
      • Item icon Disclosure of death
      • Item icon Estate agent - Agent beware
      • Item icon Estate agent’s commission – Money for nothing
      • Item icon Foreign residents capital gains tax withholding
      • Item icon GST - GST and mistake
      • Item icon GST - Margin scheme
      • Item icon GST withholding
      • Item icon Inadvertent disclosure
      • Item icon Inspection - Right to inspect
      • Item icon Land tax - Part 1
      • Item icon Land tax - Part 2
      • Item icon Land transfer duty benefits
      • Item icon Lease - Abandoned goods
      • Item icon Lease - Landlords beware
      • Item icon Lease - Retail lease
      • Item icon Lease - Retail lease - Predominant use
      • Item icon Lease - Retail lease cost
      • Item icon Lost trust deeds
      • Item icon Material facts
      • Item icon Measurements
      • Item icon Mortgage stress
      • Item icon Nomination
      • Item icon Nomination and the Australian Consumer Law
      • Item icon Nomination disputes
      • Item icon Notice of action
      • Item icon Notices - Liability for notices
      • Item icon Off the plan duty concessions
      • Item icon Owner-builder insurance
      • Item icon Owner-builders
      • Item icon Owners corporations
      • Item icon Personal Property Securities Act
      • Item icon Planning certificates - Accuracy
      • Item icon Power of attorney
      • Item icon Priority notice
      • Item icon Property - Rules and undertakings
      • Item icon Rescission - Consequences of rescission 1
      • Item icon Rescission - Consequences of rescission 2
      • Item icon Rescission - Costs on rescission
      • Item icon Retail lease outgoings
      • Item icon Retail premises
      • Item icon Retail repairs
      • Item icon Retail repairs revisited
      • Item icon Sale of land amendments
      • Item icon Scary short-stays
      • Item icon Self managed superannuation funds
      • Item icon Septic situation
      • Item icon Sheriff - Enforcement procedure
      • Item icon Sheriff's sale - Part 1
      • Item icon Sheriff's sale - Part 2
      • Item icon Solicitor - Lawyers selling real estate
      • Item icon Solicitor – Executor’s commission 1 – Horns of a dilemma
      • Item icon Solicitor - Executor's commission 2 - A fiduciary duty
      • Item icon Solicitor – Liability for commercial advice
      • Item icon Stamp duty concessions
      • Item icon Subdivision - Off the plan sales
      • Item icon Subdivision - Off the plan sales - Best endeavours - Part 1
      • Item icon Subdivision - Off the plan sales - Best endeavours - Part 2
      • Item icon Subdivision - Off the plan sales - Materially affects
      • Item icon Subdivision - Off the plan sales - Sunset conditions
      • Item icon Subdivision - Owners corporation certificates
      • Item icon Subdivision - Owners corporation repairs
      • Item icon Subdivision - Owners corporations
      • Item icon Subject to contract
      • Item icon Sunset clause – Vendor ending a contract – Purchaser’s consent or court order required
      • Item icon Time of the essence
      • Item icon To be or not to Airbnb
      • Item icon Trade practices – Fair trading in property transactions
      • Item icon Vendor statement - Aboriginal Heritage Act
      • Item icon Vendor statement - Breach of section 32
      • Item icon Vendor statement - Growth areas infrastructure contribution
      • Item icon Vendor statement - Honest and reasonable
      • Item icon Vendor statement and leases
      • Item icon Vendor statement review
      • Item icon Vendor statements and the Australian Consumer Law
      • Item icon Vendor's duty to co-operate
      • Item icon Wills and estates - Death in the house
    • Item icon Further information
  • Item icon Overview
    The purpose of a conveyancing transaction is to transfer the title and use of real property from one party to another. It is not adversarial but is necessarily investigative. Mainly, this is a time of relief for the seller that they have sold their property and a time of happy, excited anticipation ...

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  • Item icon Summary of the process
    The usual steps in conducting a sale of real property matter include:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Sale of real property
    • Item icon To do list - Sale of real property
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Folder icon Verification of identity and client authorisation
      • Item icon Verification of identity in electronic conveyancing transactions
      • Item icon Client Authorisation
        A Client Authorisation enables the client to authorise a solicitor or conveyancer to act on their behalf for an electronic transaction. Although the authorisation is similar to a power of attorney, legislation specifically states a Client Authorisation is not a power of attorney. When transacting ...

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      • Folder icon Library of identity and authorisation forms - QLD
        • Item icon Verification of identity certificate
        • Item icon Client authorisation
        • Item icon Identifier declaration
        • Item icon Identity - witnessing certification - outside Australia
        • Item icon Australian Embassy/High Commission/Consulate certification form
        • Item icon Identity agent certification
    • Item icon Retainer instructions - Sale of real property
    • Item icon Conflict of interest check
    • Item icon Initial letter to client enclosing costs disclosure and questionnaire
    • Item icon Costs agreement - QLD
    • Item icon Abbreviated costs disclosure - Costs under $3000
    • Item icon Scope of work - Sale of real property
    • Item icon Enclosure - Seller disclosure statement questionnaire
    • Folder icon If required - Authorities
      • Item icon Letter to client acknowledging we act for both parties
      • Item icon Land use application - Authority to lodge
    • Folder icon If required - Power of attorney for land
      • Item icon Powers of attorney for land transactions
        It is common for one person to want to appoint another person to be their representative for the purpose of undertaking some activity on their behalf. The law has always recognised this arrangement, which at its simplest is governed by the law of agency. The need for the person acting on behalf of ...

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      • Item icon General power of attorney
      • Item icon Enduring power of attorney - short form
      • Item icon Enduring power of attorney - long form
      • Folder icon Library of clauses for power of attorney
        • Item icon Company appoint attorney to conduct the business of the company
        • Item icon Access to will
        • Item icon Company appoint attorney to execute documents
        • Item icon Director appointing substitute during absence
        • Item icon Discharge of mortgage
        • Item icon Purchase of real property
        • Item icon Mortgage
        • Item icon Sale of real property
        • Item icon Application for probate or administration - Executor out of jurisdiction
    • Folder icon Foreign resident capital gains withholding payments
      • Item icon Foreign resident capital gains withholding payments
        The foreign resident capital gains withholding provisions of the Taxation Administration Act 1953 (Cth) provide that when a property is sold, the buyer is required to withhold 15% of the purchase price and remit it to the Australian Taxation Office (ATO) unless the seller provides a clearance ...

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      • Item icon Letter to client regarding foreign resident capital gains withholding payment
      • Item icon Foreign resident capital gains withholding clearance certificate application
      • Item icon Foreign resident capital gains withholding rate variation application
      • Item icon Foreign resident capital gains withholding purchaser payment notification
    • Folder icon If required - GST withholding - New residential premises or potential residential land
      • Item icon Withholding payment of GST on purchase of certain real property
        The requirement for buyers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under subdivision 14-E Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all contracts that ...

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      • Item icon Letter to client regarding GST withholding payment
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Confidentiality deed
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Contract
    • Item icon Form of the contract
      The REIQ Contract for Sale and Purchase of Residential Real Estate (1st Edition), commonly referred to as the REIQ contract, is in 2 parts. The first part comprises the reference schedule. The second part provides the general terms of contract. This contract consolidates the previous Contract ...

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    • Item icon Reference schedule - QLD Contract for houses land
    • Item icon Reference schedule - QLD Contract for residential lots in CTS
    • Item icon Reference schedule - QLD Contract for commercial land and buildings
    • Item icon Reference schedule - QLD Contract for commercial lots in CTS
    • Item icon Contract for Sale - Queensland Law Society Website
    • Item icon Contract for Sale - Real Estate Institute of Queensland - Real Estate Shop
    • Item icon GST residential withholding - Supplier notification
    • Folder icon Library of other contracts, deeds and agreements
      • Item icon Contract for sale of personal property
      • Item icon Contract for sale and lease of manufactured home - Seller is lessor
      • Item icon Contract for sale and lease of manufactured home - Seller is not lessor
      • Item icon Contract for sale of shares of a company owning property
      • Item icon Conveyance of old system property
      • Item icon Contract for sale of shares company title lot
      • Item icon Co-owners deed
      • Item icon Declaration of trust for purchase by trustee
      • Item icon Granny flat agreement as contemplated by Services Australia
      • Item icon Partition agreement
      • Item icon Deed of novation
    • Item icon Disclosure requirements
      Prior to the disclosure scheme introduced on 1 August 2025 by the Property Law Act 2023, Queensland conveyancing practice placed the burden of discovery on the buyer, with limited seller disclosure requirements. This scheme applies to the sale of freehold land, being a lot registered under the ...

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    • Item icon Property Law Act 2023 – Freehold land
      Overview Division 4 of Part 7 of the Property Law Act 2023 requires a seller to disclose certain matters to a buyer and gives the buyer the right to terminate if the seller fails to disclose or makes inaccurate disclosure. The documents to be disclosed are set out in the Property Law ...

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    • Item icon Seller disclosure statement – Queensland Government
    • Item icon Land Sales Act 1984 – Off the plan
      Disclosure requirements are contained in Division 2 of Part 2 of the Land Sales Act 1984. They apply to the sale of a proposed lot and the grant of an option to purchase or sell a proposed lot.

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    • Item icon Disclosure statement for proposed lot
    • Item icon Community title scheme disclosure
      While the conveyancing process for a lot in a community title scheme is similar to the process for conveying a house and land, special considerations apply. When selling a lot in a community title scheme, a seller must provide a statutory disclosure statement. The Body Corporate and Community ...

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    • Item icon Property Occupations Act 2014
      Application of the Property Occupations Act 2014 The Property Occupations Act 2014 applies to contracts formed on or after December 2014. The Act imposes obligations concerning pre-contractual disclosure and warnings.

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    • Item icon Disclosure to prospective buyer
    • Item icon Application of the Electronic Transactions (Queensland) Act 2001
      In practice, contracts are often entered into by returning the signed contract by email. Often, the contract includes a special condition consenting to this process.

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    • Item icon Consent to electronic communication
    • Item icon Title
      Under s 182 of the Land Title Act 1994, on registration of an instrument that is expressed to transfer title to or create an interest in a lot, that interest:

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    • Item icon Particulars of sale
      Within the Reference Schedule of the REIQ contract, the following sections are included to be completed as relevant:

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    • Folder icon If required - Body corporate
      • Item icon Letter to managing agent requesting section 206 insurance currency certificate
      • Item icon Letter to body corporate requesting section 206 disclosure statement
    • Folder icon If required - Pool safety
      • Item icon Notice to prospective buyer of land under section 47
      • Item icon Pool safety
        The Building Act 1975 and the Building Regulation 2021 were amended to introduce a pool safety disclosure regime that applies to all contracts when the property includes a pool. The REIQ Contract for the Sale and Purchase of Residential Real Estate (First Edition) includes a provision for ...

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      • Item icon Notice of no pool safety certificate
    • Item icon Special conditions
      Where special conditions are added to the Special Conditions section of the REIQ contract, the contract conditions will consist of both the standard conditions and the special conditions. The REIQ contract is designed to minimise the need for any alterations and additions. However, it is common to ...

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    • Item icon Standard special conditions
    • Folder icon Library of special conditions
      • Item icon Foreign resident capital gains withholding
      • Item icon Aboriginal claims
      • Item icon Building report - Completion subject to satisfactory report
      • Item icon Building - Completion subject to major domestic building work
      • Item icon Confidentiality - Buyer
      • Item icon Contamination - Buyer accept any contaminant
      • Item icon Contamination - Buyer accepts named contaminant
      • Item icon Council approval - Completion subject to buyer obtaining
      • Item icon Covenant - To produce for inclusion in conveyance
      • Item icon Defects liability period - Builder seller - No liability
      • Item icon Defects liability period - Builder seller - 3 month liability
      • Item icon Defects liability - Minor defects period
      • Item icon Deposit - Bond issued to seller
      • Item icon Deposit - Exchange on less than 10 per cent
      • Item icon Deposit - Investment in interest bearing trust account
      • Item icon Deposit - Release for use by seller as deposit or transfer duty
      • Item icon Development - Seller will facilitate buyers proposed development
      • Item icon Development application - Completion subject to
      • Item icon Development application - Seller to consent following exchange
      • Item icon Disclosure - Buyer received seller disclosure statement
      • Item icon Documents - Attached
      • Item icon Early settlement - Discount for
      • Item icon Early settlement - Discount for - Time critical to seller
      • Item icon Executor - Seller executor and not yet registered proprietor
      • Item icon Executor - Seller executor and not yet registered proprietor - Electronic settlement
      • Item icon Finance - Completion subject to - Concise
      • Item icon Finance - Completion subject to - Extensive
      • Item icon Finance - Completion subject to - Named lender
      • Item icon Finance - Supplied by seller
      • Item icon Foreign buyer - Completion subject to FIRB approval
      • Item icon Foreign buyer - Warranty regarding foreign person status
      • Item icon GST - Apportionment of price - Agreed values
      • Item icon GST - Apportionment of price - Valuation required
      • Item icon GST - Farm land supplied for farming
      • Item icon GST - Included in price margin scheme applies no input tax credit
      • Item icon GST - Payable by buyer in addition to price
      • Item icon Guarantee - Corporate buyer
      • Item icon Interdependent - Completion subject to purchase by seller
      • Item icon Interdependent - Completion subject to sale by buyer
      • Item icon Interdependent contracts
      • Item icon Interest to run from expiry of notice to complete
      • Item icon Land Sales Act exemption
      • Item icon Outstanding notice - Buyer will comply
      • Item icon Passing of risk - Changing time
      • Item icon Pest report - Completion subject to satisfactory report
      • Item icon PPSA - Release of security interest
      • Item icon PPSA - Undertaking by secured party to register release of security interest
      • Item icon Plant equipment - Value included in sale
      • Item icon Possession - Buyer enters before completion
      • Item icon Possession - Seller stays on after completion - Licence agreement
      • Item icon Possession - Seller stays on after completion - Residential lease
      • Item icon Price - Apportionment of price between land and construction
      • Item icon References to statutes
      • Item icon Registration - Time for registration of plan
      • Item icon Property - Identity of the land
      • Item icon Release and indemnity - General
      • Item icon Repair - Completion subject to
      • Item icon Reports and approvals - Assignment of
      • Item icon Rural - Special conditions
      • Item icon Severability
      • Item icon Sewer - Responsibility to connect to
      • Item icon Solar panels
      • Item icon Subdivision - Sale subject to
      • Item icon Terms contract - Special condition
      • Item icon Transfer by direction
      • Item icon Trustee sale - Liability limited to indemnity
      • Item icon Unapproved works - Disclosure of
      • Item icon Use - No warranty as to use
      • Item icon Use - Buyer to be satisfied as to use
      • Item icon Waiver of breach
      • Item icon Whole agreement
    • Item icon Tax
      Goods and services tax (GST) It must be clear whether GST is payable by the buyer and if it is included in the price.

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    • Item icon Other considerations
      Auctions Once a contract is formed by the acceptance of the highest bid, there is no opportunity to change or amend the contract as there is on a negotiated sale. The contract needs to be as complete as possible.

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    • Item icon Letter to agent sending marketing contract
    • Folder icon If required - Deed of variation of contract
      • Item icon Deed of variation of contract
  • Folder icon C. Negotiations and signing
    • Item icon Letter to agent advising contracts have been issued to other solicitor
    • Item icon Letter to agent acknowledging receipt of contract
    • Item icon Signing the contract
      A contract for the sale of land must be in writing and signed by the parties or their duly authorised agents. The authority does not need to be in writing, but in practice the other party is unlikely to be satisfied that the agent has authority without some writing. Witnessing is not a legal ...

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    • Item icon Letter to seller to call to sign contract and bring loan number
    • Item icon Letter to seller with contract when we have not seen them
    • Folder icon If required - Release of deposit
      • Item icon Release of deposit
        Sometimes, the seller would like the deposit released. The practitioner for the buyer will naturally object. If the release is negotiated before signing contracts, that is the deal. Otherwise, a post agreement request is unlikely to succeed. While the risk of trouble is small, it is not considered ...

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      • Item icon Letter to agent requesting release of deposit
    • Item icon Providing the buyer with their copy of the contract
      Under the Property Occupations Act 2014 there is no prescribed procedure for presenting a signed contract to a buyer. The buyer and the seller will be bound to a contract under ordinary common law principles. These principles apply if the buyer has signed first and when the seller has communicated ...

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    • Item icon Letter to buyer's solicitor enclosing signed contract - House and land
    • Item icon Letter to buyer's solicitor enclosing signed contract - Unit
    • Item icon Letter to agent confirming contract signed
    • Item icon Letter to seller after signing
    • Item icon AI Prompt for post exchange letter to Seller
    • Item icon Cooling-off period
      Assuming the Property Occupations Act 2014 requirements were followed, the statutory cooling-off period is 5 business days. This starts on the day the buyer receives a copy of the relevant contract from the seller or, if the buyer receives the contract on a day other than a business day, the ...

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    • Item icon Letter to seller advising on cooling off - Buyer terminating
    • Item icon Letter to seller advising on cooling off - Buyer not terminating
    • Item icon Letter to seller advising Property Occupations Act non-compliance
    • Item icon Insurance
      The risk of the property passes from 5 pm on the business day after the contract date. Section 122 of the Property Law Act 2023 provides that if money is received under an insurance of mortgaged property, the mortgagee may require that the money be applied towards reinstatement, which ...

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    • Folder icon If required - Options
      • Item icon Options
        The Property Occupations Act 2014 applies to options, which are specifically included in the definition of relevant contracts.

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      • Folder icon Library of option precedents
        • Item icon Option to purchase agreement
        • Item icon Put and call option agreement
        • Item icon Call option notice
        • Item icon Put option notice
        • Item icon Put and call nomination notice
    • Folder icon If required - Possession under licence
      • Item icon Possession before settlement
        If the seller agrees to possession before settlement, the contract provides that:

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      • Item icon Letter to other side confirming early possession
      • Item icon Licence agreement - Possession before completion
      • Item icon Licence agreement - Seller retains possession after completion
  • Folder icon D. Mid transaction
    • Item icon Letter to client building and pest price negotiation
    • Item icon Letter to seller contract at end as condition not satisfied
    • Folder icon If required - Miscellaneous
      • Item icon Letter to seller on outstanding land tax
      • Item icon Letter to buyer's solicitor to extend sunset period
      • Item icon Letter to buyer's solicitor advising plan registered
      • Item icon Statutory Declaration
      • Item icon Clause - Statutory declaration to put spouse or de facto on title
      • Item icon Letter to seller all conditions met
      • Item icon Letter to buyer's solicitor confirming extension
      • Item icon Irrevocable authority
    • Item icon Transfers
      Electronic settlements For electronic settlements, transfers are completed in the workspace and signed in accordance with the Client Authorisation.

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    • Item icon Letter to seller enclosing transfer and form 24
    • Item icon Letter to buyer's solicitor returning signed transfers
    • Folder icon Library of common forms
      • Item icon Enclosure - How to witness a document
      • Folder icon Land registry forms
        • Item icon Caveat
        • Item icon Declaration by Beneficiary/Transferee
        • Item icon Easement
        • Item icon Enlarged panel
        • Item icon Enlarged panel - additional signing clauses for transferor
        • Item icon Extension of priority notice
        • Item icon Foreign ownership information
        • Item icon Mortgage priority
        • Item icon Property information - transfer
        • Item icon Release of mortgage
        • Item icon Request to register power of attorney or revocation of power of attorney
        • Item icon Surrender of easement
        • Item icon Transfer
        • Item icon Transfer and property information - transfer
        • Item icon Withdrawal of priority notice
      • Folder icon Queensland Revenue Office
        • Item icon Annexure - identity details
        • Item icon Annexure B to Form 12.6 - exemptions under various sections or Acts
        • Item icon Annexure C to Form 12.6 - additional parties to the transaction
        • Item icon Application for reassessment - cancelled transfer of dutiable property
        • Item icon Application for reassessment - particular circumstances
        • Item icon Application form for the Queensland first home owners' grant
        • Item icon Claim for first home vacant land concession
        • Item icon Claim for home or first home transfer duty concession
        • Item icon Corporate reconstruction - intra group transfers
        • Item icon Corporate trustee duty statement
        • Item icon Document lodgement form
        • Item icon Dutiable transaction statement
        • Item icon Family business concession
        • Item icon Landholder duty statement
        • Item icon Notice for reassessment - charitable institution exemption
        • Item icon Notice for reassessment - superannuation fund transfer duty concession or exemption
        • Item icon Notice for reassessment of transfer duty home and vacant land concessions
        • Item icon Statutory Declaration - cancellation of agreement
        • Item icon Statutory Declaration - change of corporate trustee
        • Item icon Statutory Declaration - change of trustee (change in rights)
        • Item icon Statutory declaration - change of trustee (no change in rights)
        • Item icon Statutory Declaration - correction of clerical errors in a previous dutiable transaction
        • Item icon Statutory Declaration - transfer duty exemption (Native title claim)
        • Item icon Statutory Declaration - transfer of interest in property from former marital partner
        • Item icon Statutory Declaration - transfer of interest in property to spouse
        • Item icon Transaction statement
        • Item icon Transfer duty statement
    • Folder icon Foreign resident capital gains withholding payment
      • Item icon Foreign resident capital gains withholding clearance certificate application
      • Item icon Foreign resident capital gains withholding rate variation application
      • Item icon Letter to other side’s solicitor enclosing foreign resident capital gains clearance certificate or rate variation
    • Item icon Withholding payment of GST on purchase of certain real property
      The requirement for buyers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under subdivision 14-E Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all contracts that ...

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  • Folder icon E. If required - Notices and claims
    • Item icon Notices
      Ordinarily, settlement will be effected on the day nominated in the contract or pursuant to a notice given under a special condition relating to registration of a subdivision or other contingency. Under the REIQ contract, time is of the essence unless either party provides an extension notice under ...

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    • Item icon Unilateral right to extend the settlement date
      Standard condition 6.2 of the REIQ contract provides for the buyer or the seller to extend the settlement date for up to 5 business days after the scheduled settlement date. This allows a party to extend settlement by giving an extension notice to the other party without any requirement ...

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    • Item icon Extension notice
    • Item icon Claims
      There is a difference between a want of title and a defect in title. A want of title refers to a misdescription of the property or its improvements, for example, if the area is less than described in the contract or its use is not lawful.

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    • Folder icon Rescission
      • Item icon Deed of rescission
      • Item icon Agreement for mutual rescission of contract
      • Item icon Notice of rescission generally
      • Item icon Notice of rescission non registration of plan
    • Folder icon Termination
      • Item icon Notice of termination
    • Item icon Letter to other side serving notice
    • Item icon Letter to other side's solicitor serving notice
    • Folder icon Off the plan contract
      • Item icon Notice of termination by seller - Sunset event not occurring by sunset date
      • Item icon Letter to buyer serving notice of termination - Sunset event not occurring by sunset date
      • Item icon Letter to buyer's solicitor serving notice of termination - Sunset event not occurring by sunset date
  • Folder icon F. Paper transaction - Through to settlement
    • Item icon Time
      The dates on which the special conditions and settlement fall due under the contract need to be confirmed with the buyer's practitioner as soon as possible. This provides the parties with the opportunity to synchronise the relevant dates, reducing the risk of a wrongful termination if an action is ...

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    • Item icon Letter to discharging mortgagee requesting discharge
    • Item icon Adjustments
      When making adjustments, care needs to be taken to identify the status of all rates and charges applicable to the property, as fixing mistakes after settlement might find little cooperation from those not affected detrimentally. Ensure the correct deposit amount is allowed, being nil if paid by ...

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    • Item icon Settlement Statement
    • Item icon Letter to seller sending settlement statement and account
    • Item icon AI Prompt for pre-settlement letter to Seller
    • Item icon Letter to agent with settlement details
    • Item icon Letter to agent requesting release of deposit for settlement
    • Item icon Direction to pay to buyer's solicitor
    • Item icon Final steps for settlement
      Having satisfied the discharging mortgagee's requirements and agreed rate adjustments, payment arrangements for settlement is organised. When the deposit paid does not meet the commission payable to the agent, it is usual practice, and often a condition of the contract, that the agent’s commission ...

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    • Item icon Settlement instructions - Sale with mortgagee
    • Item icon Settlement instructions - Sale without mortgagee
    • Item icon Letter to agent confirming settlement and enclosing order on agent
    • Item icon Letter to tenant on sale of property
  • Folder icon G. Electronic transaction - Through to settlement
    • Item icon A Brief Explanation of the Transition to E-Conveyancing
    • Item icon Time
      The dates on which the special conditions and settlement fall due under the contract need to be confirmed with the buyer's practitioner as soon as possible. This provides the parties with the opportunity to synchronise the relevant dates, reducing the risk of a wrongful termination if an action is ...

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    • Item icon Electronic settlements
      For electronic settlements, transfers are completed in the workspace and signed in accordance with the Client Authorisation.

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    • Folder icon Client authorisation
      • Item icon Client authorisation
    • Item icon Letter to discharging mortgagee requesting discharge - Electronic
    • Item icon Adjustments
      When making adjustments, care needs to be taken to identify the status of all rates and charges applicable to the property, as fixing mistakes after settlement might find little cooperation from those not affected detrimentally. Ensure the correct deposit amount is allowed, being nil if paid by ...

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    • Item icon Settlement Statement
    • Item icon Letter to seller sending settlement statement and account
    • Item icon AI Prompt for pre-settlement letter to Seller
    • Item icon Letter to agent with settlement details
    • Item icon Direction to pay to buyer's solicitor - Electronic
    • Item icon Final steps for settlement
      Having satisfied the discharging mortgagee's requirements and agreed rate adjustments, payment arrangements for settlement is organised. When the deposit paid does not meet the commission payable to the agent, it is usual practice, and often a condition of the contract, that the agent’s commission ...

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    • Item icon Letter to agent confirming settlement and enclosing order on agent - Electronic
    • Item icon Letter to tenant on sale of property
  • Folder icon H. Finalising the matter
    • Item icon Finalising the matter
      In reporting and accounting to the client, the Explanatory Sheet in Relation to Settlement and Adjustments, available on the matter plan, assists the client in understanding the adjustment process.

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    • Folder icon If required - Seller not proceeding
      • Item icon Letter to seller when property withdrawn from sale
    • Item icon After settlement letter to seller
    • Item icon Enclosure - Explanatory sheet in relation to settlement and adjustments
    • Item icon AI Prompt for post settlement letter to Seller
    • Item icon Example invoice incorporating notification of client's rights - QLD
    • Item icon Invoice recital - Conveyancing
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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