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Queensland is a buyer beware State which means it is up to you when you buy to make sure the property is the right property for you. The seller has very limited requirements when it comes to having to disclose matters to you and you will need to do more searches or investigations to make sure you are not purchasing a lemon. A solicitor can help you to identify what you need to look out for when purchasing a property in Queensland.
Queensland is a buyer beware State which means you generally will provide less disclosure to a potential buyer then you would in some other States. This does not mean there is no requirement to disclose anything to a buyer when you sell however and you should speak to a solicitor before you sell to make sure everything you need to disclose is included in your contract.
It is more common to buy or sell property via a real estate agent or private treaty than it is to buy or sell at auction in Queensland. You can still buy or sell by auction in Queensland and you should speak to the real estate agent on which method would be best for you.
Generally not unless the seller is obliged to do so under the Australian Consumer Law. If this is something you are particularly concerned about then you should request one of our friendly solicitors draft you a special condition to make your contract subject to the seller providing included chattels and fixtures in working order.
With the availability of electronic conveyance identity requirements across all States have become more standardised. What this means is that the requirements for how you confirm your identity should be the same across all States.
A solicitor can only sign transfers on behalf of a seller if settlement is happening electronically. Where paper transfers are to be signed then all sellers will need to sign these documents and have them witnessed in person.
A solicitor can sign transfers on behalf of a buyer in Queensland when settlement is happening electronically or Paper. This makes it easier to be able to complete conveyancing transactions in Queensland.
Most conditions in Queensland are generally not deeming. A deeming condition is one that automatically satisfies or waives a condition, or even terminates a contract, if you fail to do something by a certain date. Generally most conditions will only give the seller rights against the buyer if the buyer does not do something by a certain date or vice versa. For example it would be a right to terminate or claim compensation. There are no conditions in Queensland that can automatically terminate a contract either. If you want to check if your conditions are deeming then we would recommend you speak to one of our friendly solicitors.
Under most Queensland contracts you will need to obtain insurance on the property from the first business day after the contract date. This will include for vacant land as you will still need to obtain public liability insurance. Most insurers will generally issue a cover note to cover you until settlement, with some even offering this free of charge until settlement.
Queensland no longer uses paper certificates of title. All title records are now electronic. What this means is that you will not have a paper certificate of title when you own a property in Queensland.