Frequently Asked Questions

• Finance approval
• Building and pest inspections
• Due diligence clauses
• Sale of an existing property (where applicable)

• Property valuation issues
• Employment changes
• Increased debts
• Credit concerns
• Changes in lending policy

• Title Search
• Title Plan
• Registered Easements
• Contaminated Land Search
• Heritage Search
• Department of Main Roads Search
• Body Corporate information (where applicable)
• Other prescribed certificates

• Finance approval
• Building and pest inspections
• Searches
• Seller readiness
• Mortgage discharge
• Transfer documentation
• Availability of all parties

• Title Search
• Contaminated Land Search
• Heritage Register Search
• Department of Main Roads Search
• Council Searches
• Water Searches
• Flood Information
• Easements
• Encumbrances
• Land Tax
• Body Corporate Search

• Bank delays
• Missing documents
• Finance issues
• Probate requirements
• Errors in legal documents
• PEXA settlement issues
• Unexpected property problems

Transfer duty, previously known as stamp duty, is a government tax that is generally payable when purchasing property in Queensland. The amount of duty payable depends on several factors, including the purchase price, the type of property, how it will be used and whether any concessions apply.

In most residential transactions, the buyer is responsible for paying transfer duty. Sellers do not usually pay transfer duty when selling their property.

The amount payable can vary significantly. First home buyers, owner-occupiers and certain family transactions may be eligible for concessions or exemptions, while investors and foreign purchasers may pay higher amounts.

Transfer duty must generally be paid within the timeframe required by Queensland legislation, regardless of whether settlement has occurred. Failing to pay duty on time can result in interest and penalties.

Calculating transfer duty isn’t always straightforward. Factors such as off-the-plan purchases, related party transfers, deceased estates and trust ownership can all affect how duty is assessed.

Because transfer duty is often one of the largest upfront costs associated with purchasing property, buyers should budget for it well before signing a contract.

Sunstate Conveyancing can provide an estimate of your transfer duty, explain any concessions you may be entitled to and ensure all documentation is lodged correctly with the Queensland Revenue Office.

Yes. If you purchase a property that is subject to an existing residential tenancy agreement, the lease generally transfers to you as the new owner on settlement. This means you take over the role of landlord and assume the rights and responsibilities that the previous owner had under the tenancy agreement.

Importantly, the sale of a property does not automatically end a tenancy. If the tenant has a fixed-term lease, they are generally entitled to remain in the property until the lease expires unless they agree to leave earlier or another lawful reason for ending the tenancy applies. If the property is rented under a periodic tenancy, different notice requirements may apply depending on the circumstances.

Before signing a contract, it’s important to understand whether the property is being sold with vacant possession or subject to an existing tenancy. If you’re intending to move into the property yourself, purchasing a tenanted property without understanding the lease terms could result in delays before you can take possession.

As part of the conveyancing process, your conveyancer should review the tenancy agreement and confirm important details such as:

• Whether the tenancy is fixed-term or periodic.
• The weekly rental amount.
• The lease expiry date.
• Any special conditions.
• Whether there are any known tenancy disputes or breaches.

For investors, an existing lease can provide immediate rental income from settlement, making tenanted properties an attractive option. However, it’s still important to understand your obligations as the new landlord, including maintenance responsibilities, compliance with Queensland tenancy laws and providing the tenant with updated contact details for rent payments and property management.

When a tenanted property is sold, the rental bond doesn’t stay with the seller—it transfers to the new owner along with the tenancy.

In Queensland, residential rental bonds are generally held by the Residential Tenancies Authority (RTA) rather than by the landlord or property manager. Once settlement has occurred, the bond records need to be updated so the new owner becomes the recognised lessor for the property.

If the property is professionally managed, the managing agent will usually arrange the necessary paperwork with the RTA after settlement. If the property is self-managed, the buyer and seller may need to complete the appropriate forms to ensure the bond is correctly transferred.

The rental bond continues to protect the landlord against certain losses that may arise during the tenancy, such as unpaid rent, damage beyond fair wear and tear or cleaning costs at the end of the tenancy. The tenant’s rights in relation to the bond remain unchanged simply because the property has been sold.

As a buyer, it’s important to confirm before settlement:

• The amount of bond being held.
• That the bond has been correctly lodged with the RTA.
• Whether there are any current disputes regarding the bond.
• Whether all tenancy documentation has been properly completed.

If these matters aren’t addressed before settlement, they can become more difficult to resolve later.

Purchasing an investment property involves more than simply taking ownership of the land—you are also taking over an existing tenancy relationship. Ensuring the rental bond is correctly transferred is an important part of that process.

A final inspection is your opportunity to ensure you’re receiving the property in the condition you’ve agreed to purchase.

Rather than simply walking through the home, buyers should carefully inspect both the interior and exterior of the property.

Items to check include:

• Air conditioning systems.
• Ovens and cooktops.
• Dishwasher.
• Hot water system.
• Lights and power points.
• Plumbing fixtures.
• Garage doors.
• Ceiling fans.
• Smoke alarms.
• Pools and pool equipment.
• Irrigation systems, if included.
• Any repairs the seller agreed to complete.

You should also confirm that all fixtures listed in the contract remain at the property and that no significant damage has occurred since the contract was signed.

If vacant possession is required, check that the seller has removed furniture, rubbish and personal belongings unless specifically agreed otherwise.

Taking photographs during the inspection can also be useful if issues later arise.

If anything appears different from what was agreed in the contract, contact your conveyancer immediately before settlement proceeds.

Sunstate Conveyancing provides buyers with guidance on what to look for during their final inspection so they can approach settlement with confidence.

A pre-settlement inspection, sometimes called a final inspection, is one of the last steps before settlement takes place.

Its purpose is to ensure the property is in the condition required by the contract and that nothing has changed since the buyer agreed to purchase the property.

This inspection usually occurs within a few days before settlement and is arranged through the selling agent.

During the inspection, buyers should verify that:

• The property hasn’t been damaged.
• Agreed repairs have been completed.
• Fixtures and inclusions listed in the contract remain.
• The seller has removed personal possessions where vacant possession is required.
• There are no obvious new issues requiring attention.

The inspection is not intended to uncover defects that should have been identified during building and pest inspections. Instead, it’s a final opportunity to confirm that the property is ready for settlement.

If problems are discovered, buyers should avoid negotiating directly with the seller and instead contact their conveyancer immediately for advice.

At Sunstate Conveyancing, we encourage every buyer to complete a thorough pre-settlement inspection and can assist if any issues arise before settlement is due to occur.

Yes. Buyers are generally entitled to inspect the property before settlement, provided the contract allows for it.

The purpose of this inspection isn’t to conduct another building and pest inspection or identify new defects. Instead, it’s an opportunity to confirm that the property is in substantially the same condition as when the contract was signed and that the seller has complied with their contractual obligations.

The inspection is usually arranged through the selling agent and commonly takes place within the few days leading up to settlement.

During the inspection, buyers should confirm that:

• Any agreed repairs have been completed.
• Included fixtures remain at the property.
• The property hasn’t suffered any unexpected damage.
• Appliances appear to be functioning.
• The seller has removed personal belongings if vacant possession is required.

If significant issues are identified during the inspection, your conveyancer should be contacted immediately. Depending on the circumstances, settlement may still proceed while arrangements are made to resolve the issue, or the parties may negotiate an alternative solution.

A pre-settlement inspection provides valuable peace of mind and should never be overlooked.

Sunstate Conveyancing recommends every buyer undertake a final inspection before settlement and can advise what to do if unexpected issues are discovered.

Banks play a critical role in most property settlements. If your lender isn’t ready on the scheduled settlement date, it can delay the transaction and potentially expose you to additional costs.

Common reasons a bank may not be ready include:

• Loan documents haven’t been signed or returned.
• The lender hasn’t completed its final approval.
• Mortgage documents haven’t been registered.
• The bank hasn’t booked settlement in time.
• Administrative or processing delays.
• Outstanding identification or verification requirements.

While banks work hard to meet settlement deadlines, delays can occur—particularly during busy periods or where documents have been returned late.

If your lender advises that settlement cannot proceed, it’s important to notify your conveyancer immediately. In many cases, your conveyancer can liaise with the seller’s representatives to negotiate a short extension and avoid the buyer being treated as in default.

Leaving finance arrangements until the last minute significantly increases the risk of settlement delays. Buyers should provide requested documents promptly, respond quickly to their lender or broker and keep their conveyancer informed throughout the finance process.

Although settlement delays can be frustrating, many can be resolved through clear communication and early intervention.

Sunstate Conveyancing works closely with lenders, mortgage brokers and PEXA to monitor settlement readiness and proactively address issues before they become major problems.

Yes. Settlement can be delayed if both the buyer and seller agree. In many property transactions, unexpected circumstances arise that make it difficult for one or both parties to settle on the agreed date. Rather than allowing one party to default under the contract, the parties may choose to negotiate a new settlement date.

Common reasons for agreeing to delay settlement include:

• Finance approval taking longer than expected.
• Delays in mortgage documentation.
• A seller needing additional time to vacate the property.
• Probate or estate administration delays.
• Unexpected issues identified during the conveyancing process.
• Delays in obtaining required certificates or approvals.

Any agreement to change the settlement date should always be recorded in writing. A verbal agreement is generally not sufficient and can lead to disputes if the parties later disagree about what was arranged.

It’s important to remember that neither party is obliged to agree to an extension. If one party requests additional time, the other party can choose whether to accept the request and may negotiate conditions such as payment of interest or reimbursement of additional costs.

If settlement cannot proceed and no agreement is reached, the contract sets out the parties’ legal rights. Depending on the circumstances, this may include default interest, notices requiring settlement or, in more serious cases, termination of the contract.

The earlier any potential delay is identified, the greater the opportunity to negotiate a practical solution that works for everyone involved.

At Sunstate Conveyancing, we regularly negotiate settlement extensions on behalf of buyers and sellers, helping transactions stay on track while protecting our clients’ legal interests and minimising unnecessary stress.

Settlement is an exciting milestone, but it’s not quite the end of the conveyancing process.

After settlement has occurred, your conveyancer will complete several important administrative steps, including confirming settlement has taken place, arranging registration of the transfer with the Titles Registry and finalising any outstanding legal documentation.

If you have purchased the property, your lender will generally receive the registered title electronically once registration has been completed.

As the new owner, you should also:

• Arrange utilities to be connected.
• Update your address with relevant organisations.
• Review your insurance.
• Keep copies of your settlement documents in a safe place.

If you’ve sold the property, sale proceeds will generally be distributed in accordance with your instructions after settlement, including repayment of any existing mortgage.

Your conveyancer will also provide final reporting and copies of important settlement documents for your records.

Although settlement marks the completion of the transaction, your conveyancer remains available to answer any questions that arise after you’ve moved in or completed your sale.

At Sunstate Conveyancing, our support doesn’t end on settlement day. We’re here to assist before, during and after settlement, ensuring your property transaction is completed with confidence and peace of mind.

Many first home buyers receive assistance from parents through a guarantor home loan.

A guarantor loan allows a parent or close family member to offer security over their own property, enabling the buyer to borrow a higher percentage of the purchase price and, in many cases, avoid Lenders Mortgage Insurance.

While this arrangement can help buyers enter the property market sooner, it also creates financial risks for the guarantor.

If the borrower defaults on the loan, the guarantor may become responsible for part of the debt secured by the guarantee.

Before entering into any guarantor arrangement, both the borrower and guarantor should obtain independent legal and financial advice.

Every lender has different requirements, and guarantee documents should always be carefully reviewed before signing.

Sunstate Conveyancing works closely with buyers, guarantors and lenders throughout the purchase process and can explain the legal documentation involved in guarantor lending arrangements.

Yes, foreign buyers can purchase property in Australia, but additional rules apply.

Many foreign purchasers require approval from the Foreign Investment Review Board (FIRB) before purchasing certain types of Australian property.

There may also be additional transfer duty surcharges, land tax implications and reporting requirements depending on the buyer’s residency status and the property being acquired.

The rules differ depending on whether the purchaser is buying:

• New residential property
• Established residential property
• Vacant land
• Commercial property

Because foreign investment rules change periodically, buyers should obtain current legal and taxation advice before signing a contract.

Failure to obtain required approvals may result in significant penalties.

Sunstate Conveyancing regularly assists overseas and foreign purchasers and can guide you through the additional legal requirements associated with buying property in Australia.

Subdivision can significantly increase the value of some properties, but not every property is capable of being subdivided.

Whether subdivision is possible depends on factors including:

• Local council zoning
• Minimum lot sizes
• Planning scheme requirements
• Easements
• Flooding
• Environmental constraints
• Existing services

Buying a property solely because you believe it can be subdivided without confirming council requirements can be an expensive mistake.

If subdivision is an important part of your investment strategy, you should obtain planning advice before becoming legally committed to the purchase.

Your conveyancer can also recommend searches that identify planning overlays and other matters affecting future development potential.

Sunstate Conveyancing regularly assists investors purchasing development sites and can recommend appropriate due diligence before contracts become unconditional.

Whether you can build a granny flat depends on several factors, including local council planning rules, zoning, lot size and applicable building requirements.

Each Queensland council has its own planning scheme governing secondary dwellings, setbacks, maximum floor areas and occupancy requirements.

Before purchasing a property specifically for a granny flat, it’s important not to assume one will be permitted.

Other factors to consider include:

• Easements
• Flood overlays
• Bushfire overlays
• Heritage restrictions
• Sewer locations
• Building envelopes

Even where council approval appears possible, additional building approvals will generally be required before construction can commence.

If you’re buying with future development in mind, obtaining planning advice before signing a contract can help avoid costly surprises.

Sunstate Conveyancing can help identify planning issues affecting your purchase and recommend appropriate enquiries before you commit to buying.

Unapproved structures are buildings or improvements that may have been constructed without the necessary council approvals or building certification.

Common examples include:

• Carports
• Decks
• Sheds
• Extensions
• Enclosed patios
• Swimming pool structures

The existence of an unapproved structure doesn’t automatically mean it must be removed. However, it may create issues with council compliance, insurance, future renovations or resale.

If concerns arise, buyers should obtain advice before proceeding with the purchase. Depending on the circumstances, additional enquiries may be made with the local council or building certifier.

In some cases, the seller may be asked to obtain retrospective approvals or provide additional information before settlement.

Identifying these issues before settlement is always preferable to discovering them after you’ve become the owner.

Sunstate Conveyancing can recommend appropriate searches and enquiries where unapproved structures are suspected, helping buyers make informed decisions before settlement.

If you’re purchasing a unit, townhouse or other property within a community titles scheme, additional information may need to be provided about the body corporate.

A Body Corporate Disclosure Statement or Form 33 provides important information about matters such as:

• Levies payable
• Administrative and sinking fund balances
• Insurance
• Exclusive use areas
• By-laws
• Outstanding contributions
• Financial obligations

This information helps buyers understand the ongoing costs and responsibilities associated with owning property within a body corporate.

Depending on the property, additional documents such as Body Corporate Certificates may also be obtained to provide more detailed information.

Before purchasing a unit or townhouse, buyers should carefully review body corporate information to ensure they understand any restrictions, financial commitments or upcoming maintenance projects.

Sunstate Conveyancing assists buyers in reviewing body corporate documentation and explaining what it means before they become legally committed to the purchase.

A Title Plan, sometimes referred to as a Survey Plan or Registered Plan, is a document that shows the legal dimensions and layout of the property.

Unlike a Title Search, which confirms ownership, the Title Plan illustrates:

• Property boundaries
• Lot number
• Plan number
• Dimensions
• Easements
• Boundary alignments

The Title Plan helps buyers understand exactly what land they are purchasing and can assist in identifying whether structures appear close to property boundaries.

It may also identify easements affecting the land or provide important information needed when planning future renovations or fencing.

Although a Title Plan doesn’t replace a current survey, it forms an important part of the conveyancing process and is commonly included within Queensland Seller Disclosure Statements.

Sunstate Conveyancing reviews both the Title Search and Title Plan to ensure buyers have a clear understanding of the property before settlement.

When comparing Seller Disclosure providers, price is often one of the first things sellers and real estate agents look at. However, the cheapest option isn’t always the safest option.

Under Queensland’s Seller Disclosure regime, the seller is responsible for providing a compliant Form 2 Seller Disclosure Statement before the buyer signs the contract. If required information or prescribed documents are missing or inaccurate, buyers may have statutory rights in certain circumstances.

Some lower-cost disclosure providers may only prepare the minimum documentation required or rely heavily on information provided by the seller without undertaking additional investigations. While this may reduce the upfront cost, it may also increase the risk of errors or omissions.

From an agent’s perspective, it’s also important to consider obligations under the Property Occupations Act 2014 (Qld). If a disclosure package doesn’t include important searches such as a Title Search, Title Plan, Contaminated Land Search, Department of Main Roads Search, Dial Before You Dig Search or Heritage Search, agents may need to undertake additional due diligence themselves to demonstrate they have taken reasonable steps when marketing the property.

While a law firm preparing a Seller Disclosure Statement is complying with obligations under the Property Law Act 2023 (Qld), that doesn’t automatically satisfy an agent’s separate obligations under the Property Occupations Act.

A comprehensive Seller Disclosure Statement provides more than compliance—it provides confidence that appropriate searches have been undertaken and potential issues identified before a contract is signed.

At Sunstate Conveyancing, our Seller Disclosure packages include comprehensive searches designed to assist sellers in meeting their legal obligations while also helping agents reduce their risk through best-practice due diligence.

One of the most common questions buyers ask is what they’re actually purchasing.

Generally, fixtures remain with the property unless the contract specifically states otherwise. Fixtures are items that have become permanently attached to the land or building and are considered part of the property.

Common fixtures include:

• Built-in ovens.
• Cooktops.
• Rangehoods.
• Dishwashers (where built in).
• Air conditioning systems.
• Ceiling fans.
• Light fittings.
• Blinds and curtains (unless excluded).
• Fixed wardrobes.
• Garage door motors.
• Solar panels.
• Fixed television brackets.

Items that are not permanently attached—known as chattels—usually do not remain unless specifically included in the contract. Examples include freestanding refrigerators, washing machines, outdoor furniture and portable barbecues.

Occasionally, disagreements arise over items such as wall-mounted televisions, potted plants or removable shelving. If there’s any uncertainty, it’s always best to clearly identify those items in the contract before it is signed.

Taking photographs during inspections can also help record what was present when the contract was entered into.

At Sunstate Conveyancing, we carefully review property inclusions with our clients before contracts become unconditional, helping prevent disputes about fixtures and chattels at settlement.

Whether a seller can leave items behind depends on the terms of the contract and what has been agreed between the parties.

If the contract requires vacant possession, the seller is generally expected to remove their furniture, personal belongings and rubbish before settlement.

Small items such as spare paint tins, instruction manuals or gardening equipment are sometimes left behind by agreement or as a courtesy. However, larger items including furniture, old appliances, mattresses, building materials or general rubbish should not normally remain unless the buyer has agreed to accept them.

If unwanted items are left at the property, the buyer may incur disposal costs after settlement. In some situations, this may give rise to legal rights depending on the nature of the items and the terms of the contract.

If the buyer would like certain furniture or appliances included in the sale, these should be specifically listed in the contract rather than relying on verbal discussions.

Likewise, if the seller intends to leave particular items, this should also be documented before settlement.

Clear communication before settlement helps avoid unnecessary disputes on moving day.

Sunstate Conveyancing assists buyers and sellers in clearly documenting property inclusions so everyone knows exactly what will remain with the property at settlement.