Before signing a contract, buyers must be given a set of documents from the seller that outline key information about the property. These are called seller disclosure documents and are designed to help you make a well-informed decision.
These documents provide standard details about the property, but they do not cover everything. That is why Queensland Law Society recommends speaking with a solicitor before signing. A solicitor can explain what the documents mean, help you understand your responsibilities under the contract, and advise whether any special conditions should be added to protect your interests.
Getting legal advice early can help you avoid unexpected issues and make sure the property is right for you.
What should I be aware of?
Yes. Buying real estate is one of the most important financial and legal decisions most people will make. Queensland Law Society recommends that buyers seek legal advice before signing a contract. A solicitor can explain what the seller disclosure documents mean, help you understand your obligations under the contract, and advise whether any special conditions should be added. They can also guide you through any searches or investigations that should be done after signing. If the disclosure documents are incomplete or inaccurate, your solicitor can help you understand your rights, including whether you may be able to terminate the contract.
Seller disclosure documents provide standard information about the property. Some of this is straightforward, but other parts may be more complex. For example, if there is a registered easement or an unregistered encumbrance, your solicitor can explain how this might affect your use of the property. If the property has been rented in the past 12 months, there may be limits on when rent can be increased. These details can affect your plans to live in, rent out or renovate the property. The disclosure rules bring together existing legal obligations in one place, but they do not cover everything. Your solicitor can help you understand what is included and what additional searches may be needed.
Seller disclosure documents do not include all the information you may need. For example, they do not cover flood history, structural soundness, pest issues, building approvals or whether asbestos is present. Before signing, you should speak to your solicitor about whether to include a building and pest inspection in the contract. Your solicitor may also recommend other special conditions based on your concerns or plans for the property. After signing, your solicitor can help arrange further searches and explain the results so you understand how they may affect your purchase.
Once both parties have signed the contract, the sale becomes legally binding. The contract may include conditions, such as finance approval or a building and pest inspection. After signing, there are limited opportunities to terminate the contract. One of those may apply if the seller disclosure documents are incomplete or inaccurate. If you did not get legal advice before signing, it is important to speak to a solicitor as soon as possible. Your solicitor will take steps to protect your interests during the conveyancing process, including arranging searches and reviewing the contract. Early advice helps ensure everything runs smoothly through to settlement.
Top tip
In Queensland conveyancing must be done by a law firm. The firm may employ paralegals or conveyancers, but their work must be supervised by a solicitor. Use our search to find firms that focus on conveyancing and property law.
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