1. Should I use a conveyancer or a solicitor when buying a house in Queensland?

In Queensland, all paid conveyancing must be supervised by a solicitor under the Legal Profession Act, so any firm you engage must have a solicitor overseeing your matter regardless of who you choose. The real distinction is whether you deal directly with a qualified property solicitor or with a paralegal working under a remote supervisor.

A licensed conveyancer can process a standard transfer but cannot give you legal advice, cannot advise you on contract terms, and cannot represent your legal interests if a dispute arises. A conveyancing solicitor can do all of that: review special conditions, advise you on your rights, negotiate on your behalf, and step in if complications arise before or at settlement.

For a transaction involving the largest sum of money most people will ever spend, having a solicitor rather than a paralegal-run service provides a level of legal protection that a standard conveyancer simply cannot offer. At Horrocks Solicitors your matter is handled by qualified property solicitors from contract review to settlement day.

[Read our full guide to conveyancing in Queensland Conveyancing Guide Queensland

2. Do you need a conveyancer before making an offer on a property in Queensland?

Engaging a conveyancing solicitor before you sign is strongly recommended and here's why it matters in Queensland specifically.

Once you sign a standard REIQ contract, the 5-business-day cooling-off period begins immediately. If you haven't had the contract reviewed before signing, you have a very short window to identify problems or negotiate changes. After the cooling-off period expires, terminating the contract can cost you a penalty of 0.25% of the purchase price and in some circumstances more.

By sending your contract to Horrocks Solicitors before you sign, or within the first day or two of signing, we can review the terms, flag any issues, and ensure you're not locked into unfavourable conditions. A free contract review costs you nothing and can save you thousands.

Read our post on Why you Need Conveyancing?

See our Buying Conveyancing Guide

Learn about the REIQ Standard Contract

3. How long does conveyancing take in Queensland?

A standard Queensland property transaction from contract signing to settlement typically takes between 30 and 60 days, depending on several factors. The most common timeframes are: 30 days for straightforward cash purchases, 30 to 45 days for purchases with standard finance conditions, and 45 to 60 days for more complex transactions involving unusual special conditions, delayed finance approval, or title issues that need resolution before settlement.

The factor that most commonly extends a timeline is finance: if your bank takes longer than expected to formally approve your loan, your solicitor may need to request an extension of the finance condition date. Other factors include the speed of searches returned by local councils and government agencies, and whether any issues arise on title.

At Horrocks Solicitors we monitor every deadline in your contract and contact you well in advance of any time-of-the-essence dates to ensure nothing is missed.

Read our Conveyancing Checklist for Buyers
[Read our Sellers Conveyancing Guide

4. What does a conveyancer do when selling a house in Queensland?

When you sell a property in Queensland your conveyancing solicitor handles the entire legal side of the transaction from contract through to receipt of your sale proceeds. This includes preparing and serving the mandatory Form 2 Seller Disclosure Statement, reviewing the contract of sale to ensure the terms are correct, preparing all transfer documentation, liaising with the buyer's solicitor and your mortgagee to coordinate settlement, calculating settlement adjustments for council rates, water, and body corporate levies, discharging your existing mortgage, and ensuring your net proceeds are remitted to you on the day of settlement.

Fixed fee from $1,100 inc. GST. No upfront costs, you pay on settlement day only.

See our Conveyancing Costs for Selling
View our Seller Conveyancer Checklist

Read about the Seller Disclosure Scheme

5. What does a conveyancer do when buying a house in Queensland?

When you purchase a property in Queensland your conveyancing solicitor manages every legal step between contract signing and the moment you receive the keys. This includes reviewing the contract of sale and the seller's Form 2 Disclosure Statement, advising you on any special conditions and your rights under the contract, conducting all required property searches including title, rates and water certificates, land tax clearance, contaminated land, flood information, and body corporate searches where applicable, liaising with your bank to ensure mortgage documents are ready for settlement, calculating the total funds required at settlement including purchase price, stamp duty, registration fees, and adjustments, and attending to electronic settlement through PEXA so your name is registered on the Queensland Titles Register on settlement day.

Read our Conveyancing Checklist and Resources

6. What happens if my contract falls through in Queensland?

What happens when a Queensland property contract falls through depends entirely on why and when it terminates.

During the cooling-off period: 5 business days from signing for buyers under a standard REIQ contract, you can terminate for any reason and receive a full deposit refund minus a termination penalty of 0.25% of the purchase price.

After the cooling-off period, termination rights depend on your contract conditions. If your loan is formally declined under a finance condition, you can generally terminate and receive a full deposit refund, provided you have genuinely and diligently applied for finance. If a building and pest inspection reveals serious structural issues, you may be entitled to terminate or negotiate a price reduction. If you simply change your mind after all conditions are satisfied, the seller is typically entitled to retain your full deposit usually 10% of the purchase price — and may pursue you for any additional losses on resale.

For sellers, if a buyer defaults after all conditions are satisfied, you can terminate the contract, retain the deposit, and pursue the buyer for losses. These situations can be legally complex, and having a qualified solicitor rather than a paralegal-run service makes a genuine difference when things don't go to plan.

Read about Contract Termination in Queensland

7. What is transfer duty in Queensland and how much will I pay?

Transfer duty (commonly called stamp duty) is a state government tax payable by the buyer on most Queensland property purchases. It is calculated on the higher of the purchase price or the unencumbered value of the property, and the rates are progressive.

Transfer duty must be lodged within 30 days of the contract becoming unconditional. Your solicitor handles lodgement and payment electronically through PEXA at or before settlement.

Calculate your Queensland stamp duty with our Stamp Duty Calculator
Read our full guide to transfer duty concessions

8. Do I need a conveyancer to sell a house in Queensland?

You are not legally required to use a conveyancer or solicitor to sell a property in Queensland, but the risks of proceeding without one are significant and have increased since August 2025.

Since 1 August 2025, sellers of most Queensland residential properties are legally required to prepare and serve a Form 2 Seller Disclosure Statement on the buyer before signing a contract. Failure to provide this correctly gives the buyer the right to terminate the contract at any time before settlement and receive a full deposit refund, a potentially devastating outcome for a seller who has already made plans to move.

Beyond the disclosure obligation, your solicitor prepares all transfer documentation, coordinates with your mortgagee to discharge your existing loan, calculates settlement adjustments, and ensures cleared funds reach your account on settlement day. Errors in any of these steps can delay settlement, expose you to penalty interest, or result in financial loss.

Selling conveyancing at Horrocks Solicitors is $1,100 inc. GST: a small cost relative to the value of your asset and the legal protection it provides.

Read our Selling Conveyancing Costs

9. What are disbursements in conveyancing and how much do they cost in Queensland?

Disbursements are out-of-pocket costs your solicitor pays on your behalf to government agencies, local councils, and search providers during the conveyancing process. They are separate from your solicitor's professional fee and vary depending on the property's location and type.

For a typical Brisbane house purchase, disbursements generally include a title search, Brisbane City Council rates and water certificates, land tax clearance, contaminated land register search, flood information, PEXA settlement fee, and the titles office registration fee which is calculated on the purchase price and typically ranges from $300 to $1,500 for properties between $500,000 and $1 million.

For properties in other Queensland local government areas, search fees vary as each council charges differently. Body corporate properties require additional strata searches. At Horrocks Solicitors we provide a full itemised disbursement estimate upfront so you know your total cost from day one, no surprises at settlement.

View Standard Conveyancing Costs for Queensland

10. What is the Queensland seller disclosure scheme and what does it mean for buyers and sellers?

Queensland introduced a mandatory seller disclosure scheme for residential property sales on 1 August 2025 under the Property Law Act 2023, replacing Queensland's longstanding "buyer beware" position where buyers were largely responsible for conducting their own due diligence before purchase.

Under the scheme, sellers of most Queensland residential properties must prepare and serve a Form 2 Seller Disclosure Statement on the buyer before the contract is signed. The Form 2 discloses key information about the property including title details, registered and unregistered encumbrances, zoning and planning notices, pool safety compliance, and body corporate information where applicable. It must be accompanied by a suite of prescribed certificates including a current title search, council notices, infrastructure proposals, and a body corporate certificate for strata properties and must be accurate and current at the time it is provided.

Under the scheme, sellers of most residential properties must prepare and serve a Form 2 Seller Disclosure Statement on the buyer before the contract is signed. The Form 2 includes a current title search, a survey plan, and a series of prescribed certificates and documents about the property. If a seller fails to provide the Form 2, or if it contains a material deficiency, the buyer has the right to terminate the contract at any time before settlement and receive a full deposit refund.

For buyers the scheme provides significantly stronger protection than existed previously you are entitled to receive key information about the property before you are legally committed. For sellers it creates a new legal obligation that must be met correctly to avoid giving the buyer an ongoing right to walk away with their deposit.

Horrocks Solicitors prepares seller disclosure statements as part of all selling conveyances and can also prepare a standalone Form 2 for sellers who need it before listing.

Read our full guide to the Queensland seller disclosure scheme