Common legal mistakes to avoid when buying or selling property in Queensland

Oct 17, 2023

Understanding the Legal Landscape

When buying or selling property in Queensland, it's crucial to understand the legal landscape to avoid costly mistakes. A lack of knowledge can lead to financial losses, legal disputes, and unnecessary stress. Here are some common legal mistakes you should avoid.

Not Engaging a Conveyancing Solicitor Early Enough

One common mistake is failing to engage a conveyancing solicitor early in the process. A conveyancing solicitor can guide you through the legal complexities of property transactions, ensuring that you comply with all relevant laws and regulations. They can also help you understand the terms and conditions of any contracts you sign, which can protect your interests and prevent future disputes.

Failing to Conduct a Thorough Property Inspection

Another common mistake is neglecting to conduct a thorough property inspection before purchase. A comprehensive inspection can reveal potential issues with the property, such as structural damage, pest infestations, or illegal building work. If these issues are not identified and addressed before the purchase, you could face significant repair costs down the line.

property inspection

Not Understanding Contractual Obligations

Many buyers and sellers fail to fully understand their contractual obligations. The contract of sale is a legally binding document that outlines the terms and conditions of the property transaction. If you breach these terms, you could be held legally and financially responsible. Therefore, it's essential to read and understand the contract thoroughly before signing.

Overlooking Stamp Duty

Stamp duty is a tax that applies to property transactions in Queensland. Many people overlook this cost when calculating their budget, leading to financial strain. The amount of stamp duty you'll need to pay depends on the value of the property, so it's important to factor this into your budget.

stamp duty

Not Checking the Title

Before purchasing a property, you should check the title to ensure there are no restrictions or encumbrances that could affect your ownership. This could include easements, covenants, or caveats. Failing to check the title could lead to legal disputes and prevent you from fully enjoying your property.


In conclusion, buying or selling property in Queensland involves navigating a complex legal landscape. By avoiding these common mistakes, you can ensure a smooth and successful property transaction. Remember, when in doubt, it's always best to seek legal advice.