The Seller’s Guide
Selling a property in Queensland? Here’s what’s involved, why you need a legal representative on your side, and how we make the whole thing easier.
Selling a property looks straightforward from the outside — list it, accept an offer, hand over the keys. In practice, there’s a stack of legal paperwork, disclosure requirements, and coordination work that happens between “offer accepted” and “settlement complete.” Get any of it wrong and you can end up with a deal that collapses, a buyer who pulls out, or a settlement that gets delayed. That’s where we come in.
Why You Need a Conveyancer When Selling
The agent finds the buyer and negotiates the price. We handle everything else on your side of the deal:
- Get the contract right. Standard contracts have plenty of gaps that favour buyers. We make sure yours protects you by reviewing the contract before you sign.
- Handle disclosures properly. Queensland sellers have specific disclosure obligations. Get this wrong and the buyer can walk away — or sue.
- Manage the timeline. Conditions, deadlines, deposit holding, settlement coordination — there’s a lot to keep on top of.
- Liaise with everyone. The buyer’s lawyer, the agent, your bank (for discharge of mortgage) — we talk to them all so you don’t have to.
- Settle smoothly. On settlement day, we make sure the money lands where it should and the title transfers cleanly.
That’s us. In Queensland, only legal practitioners can do this work — Cottage Conveyance is the trading name of Cottage Law Pty Ltd, a Queensland legal practice. So when you engage us, you’re getting fully qualified legal representation, not just paperwork processing.
Your Sale, Step by Step
Here’s what actually happens from “I’m ready to sell” through to settlement.
1
Engage Us Early
Get in touch as soon as you’ve decided to sell — ideally before signing with an agent. We’ll set you up, gather what we need (mortgage details, ATO clearance certificate lodgments, body corporate info if applicable, any prior contracts), and make sure you’re ready to go the moment an offer comes in.
2
Contract Preparation & Disclosures
We prepare the contract for sale (or review one your agent’s drafted), making sure it protects your position. We also handle the disclosure documents the law requires you to provide to buyers — getting these right means the deal is much less likely to be unwound later.
3
Offer Accepted & Signing
When you accept an offer, the contract is signed by both parties. We review any buyer-requested changes, advise you on whether to accept them, and make sure the final contract is one you’re happy with. The contract is then “binding” and you’re legally on your way.
4
Managing the Conditions
Most contracts have buyer conditions — finance approval, building and pest inspections, due diligence periods. We track the deadlines, respond to anything the buyer’s side raises, and keep things on schedule. If the buyer tries to renegotiate based on inspection findings, we advise you on your rights.
5
Mortgage Discharge & Final Prep
If you have a mortgage, we will assist you in lodging your bank’s discharge documents, then coordinate with your bank to arrange settlement — that’s the process of removing the bank’s interest from the title so it can transfer cleanly. We also calculate the final settlement figures: how much the buyer pays, what’s owed to the bank, and what lands in your account.
6
Settlement & Funds in Your Account
On settlement day, we attend electronically through PEXA. The buyer’s funds clear, your mortgage is paid out, and the remaining proceeds go to you — usually within the same business day. We confirm everything’s done and the property is no longer yours. Time to move on.
What It Costs to Sell
Selling isn’t free, and the costs come out of the settlement proceeds rather than your pocket. Here’s what to factor in:
- Agent’s commission — usually 2–3% of the sale price, paid at settlement. Negotiable depending on the agent and the market.
- Marketing costs — photography, online listings, signage, brochures. Sometimes bundled into the agent’s package, sometimes separate.
- Conveyancing fees — that’s us. Fixed fee, no surprises. See our pricing page.
- Disbursements — costs for searches and government fees, quoted separately. Usually a few hundred dollars if ordering Form 2 disbursements.
- Mortgage discharge fee — your bank charges a fee to discharge the mortgage, usually $200–$400.
- Capital gains tax — Worth talking to your accountant about this one.
- Moving and presentation costs — styling, repairs, gardening, cleaning. Optional but often worth it.
When you book a consultation with us, we’ll give you a clear estimate of the conveyancing-side costs for your specific sale.
How We Make This Easier
We Protect Your Position
Contracts and disclosures done right. Advise you on your risks so there’s no surprises.
We Handle the Calls
Buyer’s lawyer, the bank, the agent — we deal with all of them. You stay informed without being interrupted.
Fixed Fees
You know what you’re paying before we start. Professional fees come out at settlement, not from your pocket today.
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We Keep Things Moving
No file-sitting, no need to chase. We push the deal forward so you settle on time.
Please note —
The only cost you will be asked to pay us before settlement is the Form 2 disbursement fee. This will be invoiced to you at the time the Form 2 is signed — no other fees are payable until settlement is complete.
Questions Sellers Ask Us
When should I engage Cottage Conveyance when selling?
As early as possible — ideally before you even sign with an agent. Getting us involved early means the From 2 is ready to go the moment an offer comes in, you’ve handled the disclosure obligations correctly, and there’s no scrambling under time pressure. It also means we can review the agent’s agreement if you’d like a second set of eyes.
What disclosures do I have to make as a seller?
Queensland sellers have specific disclosure obligations covering things like title details, encumbrances on the property, and body corporate information where applicable. Recent changes to Queensland legislation have expanded these obligations. We’ll walk you through exactly what applies to your sale and prepare the right documents.
What if the buyer wants to renegotiate after the inspection?
It happens. After building and pest inspections, buyers sometimes ask for a price reduction or repairs. We advise you on your rights, and how to respond. You’re never forced to accept changes — but sometimes a small concession keeps the deal alive.
What happens if the buyer pulls out?
It depends on why and when. If they pull out during cooling-off, they forfeit 0.25% of the purchase price. If they fail to satisfy a finance or inspection condition by the deadline, the contract usually terminates and the deposit is refunded. If they default after that, you may be entitled to keep the deposit and sue for damages. We’ll walk you through your options if it happens.
How long does the sale process take?
From contract signing to settlement is typically 30–45 days in Queensland, though longer settlements are negotiable. Add a few weeks for marketing and finding a buyer beforehand. We’ll keep you on track throughout so you know exactly where things sit.
Do I need to be at settlement?
No. Settlement happens electronically through PEXA, so there’s nothing for you to attend. We confirm when it’s done and the funds usually land in your account the same business day.
Do I need to clean and vacate before settlement?
Yes — by settlement day, the property needs to be vacant (unless the contract says otherwise) and in the condition specified in the contract. Buyers usually do a final inspection on the day, or a day or two before settlement, so leaving it clean and tidy avoids any last-minute disputes.
Can I sell and buy at the same time?
Absolutely — this is one of the most common scenarios. We can coordinate both transactions so settlements line up. It takes more managing, but it’s very doable. Just tell us early so we can plan the timing.
Still Have Questions?
That’s completely normal. Book a free consultation and we’ll talk through your specific situation — no obligation, no jargon. Or if you’re ready to see what we charge, head straight to our pricing page.
Ready to get started?
Book a free consultation and we’ll walk you through your options.