Selling a home

What this usually means

Selling a home in Queensland has four main steps. You get your disclosure documents ready, appoint an agent (or sell privately), sign a contract with a buyer, and then go to settlement.

The biggest change is the seller disclosure scheme, which started on 1 August 2025. It means you have to hand over certain information about the property before a buyer signs.

The seller disclosure statement. Before the buyer signs, you must give them a completed seller disclosure statement (Form 2) and the prescribed certificates. At an auction, this must happen before the hammer falls. The statement must be accurate when you give it.

It covers:

• title and any registered, unregistered or legal rights over the land
• any tenancy on the property
• planning, zoning, heritage and environmental listings, and any notice that the land may be resumed
• whether there is a pool

The certificates can include a title search, a pool safety certificate, and notices under various Acts. For a unit or townhouse in a community titles scheme, they also include a body corporate certificate. You do not have to cover things like structural soundness or flooding history, but you should still be honest if a buyer asks.

You can deliver the documents in person, by post or by email. Keep proof that you did. Some sales are exempt, for example some sales to government or to a related person who agrees in writing.

If you do not give the documents, or they are wrong or incomplete, the buyer may be able to end the contract at any time before settlement. You would then have to repay what the buyer paid, within 14 days.

Appointing an agent. To appoint an agent, you sign an official form (Form 6). It states the commission, other costs such as advertising, and the services the agent will give. The law does not set a commission rate. It is what you agree, so compare agents and ask for the figure in dollars.

There are three common types of appointment:

• Open listing: you can use several agents and pay only the one who sells. Either side can cancel in writing at any time.
• Sole agency: you pay commission once the property sells, unless you sell it yourself.
• Exclusive agency: you owe commission whoever sells it. If another agent sells it, you could pay two commissions.

Sole and exclusive appointments last up to 90 days. Check the agent holds a Queensland licence on the state register.

The contract. You and the buyer must both sign it before it is binding. Most residential contracts give the buyer 5 business days to cool off. If they cancel, you may keep up to 0.25% of the price and must refund the rest of the deposit within 14 days. There is no cooling-off at auction.

Settlement. On settlement day the buyer pays the balance, title transfers and you hand over the keys. It is most often 4 to 6 weeks after signing. You pay council rates up to and including settlement day. The home should be vacant and clean. Your agent holds money in a trust account, takes their commission and passes the rest to you.

What you can do now

1. Talk to a conveyancer or lawyer before you list. Ask them to start the disclosure statement and certificates, because some take time to order.
2. Compare more than one agent. Ask how they set the price, and ask them to explain the Form 6 line by line.
3. Check the agent's licence on the Queensland register.
4. Choose the type of appointment on purpose. Know whether you can sell privately or use a second agent.
5. Read the contract the agent prepares. Check the price, deposit, settlement date and any conditions.
6. Keep proof that you gave the buyer the disclosure documents before they signed.
7. Before settlement, tidy the property, and have your lawyer deal with the buyer's representatives.

Time limits

• Disclosure documents must be given before the buyer signs the contract (before the hammer falls at auction).
• Sole and exclusive agency appointments last at most 90 days. For a term over 60 days, the party who ends it must give at least 30 days written notice, and it must run for at least 60 days.
• The buyer's cooling-off period is 5 business days from when they receive the signed contract.
• Your agent must give you a statement of money received within 42 days of settlement, or 14 days if you ask sooner.

If it goes further

If the buyer says your disclosure was wrong, the usual first step is a letter from their lawyer. A buyer who ends the contract has to be repaid. It is best to speak to your own lawyer immediately.

For a problem with your agent, the Queensland Government suggests three steps. Put your complaint in writing to the agent. If that fails, you can contact the Real Estate Institute of Queensland if the agent is a member. If it is still unresolved, you can complain to the Office of Fair Trading.

Questions to ask whoever helps you

• Which certificates do I need to order, and how long will they take?
• Does my sale have any exceptions from the disclosure rules?
• What type of appointment am I signing, and how do I end it?
• What exactly will I pay the agent, in dollars, if the property sells at my price?
• What happens to the deposit if the buyer cancels or does not settle?