What Legal Steps to Take Before Selling Gold Coast Property?
If you plan to sell your Gold Coast home, there are important legal steps, such as sorting your contracts, disclosures and title details early, which protect you from surprises later, build trust with buyers, and make your sale smoother and less stressful.
Selling Can Feel Overwhelming — But Good Legal Prep Eases It
You might already be picturing the photos, open homes, and your first offer. That’s the exciting side. Behind the scenes, though, your legal groundwork is just as vital.
Many homeowners do not realise that legal work starts well before an agent puts up the sign or posts your listing online.
Think of it as building the strongest possible foundation for your sale. When you get the legal pieces right upfront, everything else flows with fewer delays and far less stress.
Why Bother With Early Legal Checks?
Some sellers wonder if it is worth the effort to get legal help before listing. The short answer is yes. Here is why:
1. Avoid nasty surprises later. Early legal checks uncover any hidden issues with your title, renovations or local restrictions. Fixing them upfront saves you panic when a buyer’s lawyer does their checks.
2. Build trust. Buyers feel more confident and committed when your documents are clear and complete.
3. Keep your sale on track. Missing paperwork or legal mistakes often cause last-minute delays. Early preparation keeps your timeline realistic.
Meet Your Quiet Hero: Your Conveyancer or Solicitor
Your conveyancer or property solicitor is your legal guardian during the whole sale. They check every detail behind the scenes so you do not get caught out later. Many sellers wait until they have a buyer before contacting a conveyancer. In reality, having one from day one is smarter.
A good conveyancer will:
- Check your title to confirm exactly what you own.
- Advise you on your disclosure obligations.
- Prepare or review your Contract of Sale in advance.
- Handle official searches and council checks.
- Talk with the buyer’s lawyer once you have an offer.
- Manage the transfer on settlement day.
This means you have someone calm and methodical watching your back, so you don’t face unexpected legal costs, missing forms, or contract mistakes.
What You Must Disclose to Buyers
In Queensland, you have legal duties to tell buyers about certain things relating to your property. Hiding issues can lead to lawsuits, fines or a buyer pulling out at the worst moment.
Some key disclosures include:
- Known building defects that a normal inspection would not find.
- Registered easements or rights of way over your land.
- Major disputes with neighbours or your Body Corporate.
- Hazards like flood zones, contamination or asbestos, you know about.
When in doubt, always disclose everything to your conveyancer. It is better to over-disclose than risk trouble later. Buyers value honesty, and clear upfront information reduces back-and-forth when they do their own checks.
The Contract of Sale: Your Blueprint
This is the legally binding document that outlines the terms and conditions of your property sale. While a buyer needs to be found, having the contract prepared or at least reviewed before listing means you’re ready to proceed quickly and confidently when an offer arrives.
- What it is: The standard terms and conditions for the sale, including details of both parties, the property description, purchase price, deposit amount, settlement date, and any special conditions.
- The Importance of a Well-Drafted Contract: Errors or ambiguities in a contract can lead to disputes or even invalidate the agreement. Your conveyancer ensures it’s precise and legally sound.
- Standard REIQ Contract vs. Bespoke: In Queensland, the most common contract is the REIQ (Real Estate Institute of Queensland) Contract for Houses and Residential Land (or Units). Your conveyancer can explain its standard clauses and draft any necessary special conditions specific to your sale.
- Key Clauses:
- Settlement Period: The timeframe from contract signing to when the buyer takes possession.
- Finance Clause: Specifies if the sale is conditional on the buyer obtaining finance.
- Building and Pest Inspection Clause: Allows the buyer to get satisfactory reports.
Inclusions/Exclusions: Clearly lists what chattels (e.g., curtains, specific appliances) are included or excluded from the sale.
Errors in your contract can cause confusion or even cancel a deal. A thorough legal review ensures everything is clear.
Selling an Apartment or Townhouse? Extra Paperwork Ahead
If your property is part of a Body Corporate (like an apartment or townhouse complex), there are extra rules to follow. Buyers will ask for a stack of documents about how the complex is run, its finances and any big works planned.
Expect to provide:
- Extensive Documents Required: You’ll need to provide the buyer with a current Body Corporate Disclosure Statement (Form 20 or similar), which outlines key details about the scheme. Furthermore, buyers often request to inspect a vast array of Body Corporate documents, including:
- By-laws (rules of the complex)
- Financial statements (budgets, levies, sinking fund balances)
- Meeting minutes (AGMs, EGM, Committee meetings – typically for the last 7 years)
- Insurance policies
- Details of any ongoing disputes or major works planned.
- Pool Safety Certificate.
- Time and Cost Involved: Obtaining these documents can take time (weeks, sometimes more) and often involves fees charged by the Body Corporate manager. This is why getting them prepared before listing is crucial to avoid delays when an offer comes in.
- Importance of Full, Accurate Disclosure: Buyers rely heavily on Body Corporate documents to understand the financial health, rules, and potential issues within the complex. Inaccurate or incomplete disclosure can lead to the buyer terminating the contract or even suing after the settlement.
Receiving these early helps avoid long delays once a buyer makes an offer. Some Body Corporate managers charge fees for providing copies, so budget for this too.
The Form 6: Your Agreement With Your Agent
Before your agent can market your property, you both sign a Form 6 agreement. This is a legal contract between you and the agency. It covers:
- Commission Rate: The agreed percentage or flat fee your agent will be paid upon a successful sale.
- Marketing Budget: The agreed amount you will contribute to advertising costs.
- Selling Price (or Price Range): The price or price range your property will be marketed at.
- Term of Appointment: How long the agent has the exclusive right to sell your property (e.g., 90 days residential).
- Disbursements: Out-of-pocket expenses the agent may charge for (e.g., specific reports).
Always read this carefully and ask questions. If needed, have your conveyancer review it too so you know exactly what you are agreeing to.
Watch Out for Instalment Contract Traps
In Queensland, the law treats a contract differently if a buyer pays more than 10 percent upfront or makes more than one payment before settlement. This is called an instalment contract, and it gives the buyer extra rights.
Under an instalment contract, the buyer could register their interest in your property title, which can restrict what you do with it. They might also get more time to fix payment problems before you can cancel the deal.
To avoid this, talk to your conveyancer or solicitor about acceptable deposit amounts and payment timing. It is a simple but important detail that saves headaches later.
What If You Forget Something?
One of the biggest fears for sellers is, “What if I forget to disclose something important?” It is a fair concern. Nobody wants to risk a legal mess after moving out. This is exactly where your conveyancer or solicitor earns their fee. They ask the right questions, check your title and council records, and make sure you cover all legal points. If you are ever unsure, always disclose and get advice.
Common Worries: And Why You Can Relax
Do I really need a lawyer before I even have a buyer?
This is a common question, and the answer is a resounding “yes.” The worry is often about incurring costs before a sale is certain. However, the initial preparation by your conveyancer, which may incur a small fee for searches and contract preparation, is an investment in a smoother and more secure process later.
It identifies potential problems early, ensures all disclosures are ready, and means you can quickly move forward when a serious offer comes in. It saves time and stress when it matters most.
Will buyers see my property as more attractive if my paperwork is in order?
Absolutely. Serious buyers appreciate clear, accurate information. It makes them more likely to offer confidently and settle quickly.
Are all these legal documents just complex jargon?
It can certainly feel that way! Legal documents are written with precision, which can make them seem impenetrable. Your conveyancer’s role is to translate that jargon into plain language, explaining what each clause and document means for you as the seller. Don’t be afraid to ask questions until you fully understand.
Will all these legal checks delay my sale?
Paradoxically, doing the legal checks before listing often speeds up the overall sale process. Uncovering and resolving issues early, having your contract ready, and preparing Body Corporate documents upfront means you’re not scrambling when a buyer is ready to make an offer. Delays are far more likely to occur if legal issues only emerge during the buyer’s due diligence phase.
The Cost of Legal Advice: An Investment, Not an Expense.
Conveyancing fees are a necessary cost of selling property. However, viewing them as an investment in legal security, risk mitigation, and a smooth transaction is a more accurate perspective.
The cost of legal disputes arising from improper contracts or non-disclosure can be astronomically higher than conveyancing fees. A good conveyancer saves you money and stress in the long run.
Working Seamlessly with Your Agent and Conveyancer.
Your real estate agent and your conveyancer are your two key professional partners in the selling process.
They need to work seamlessly together. Your agent manages the marketing and negotiation, while your conveyancer handles the legal aspects of the contract and transfer. Ensure they communicate effectively.
Your agent may send offers and contract drafts directly to your conveyancer for review, streamlining the process and ensuring nothing falls through the cracks.
Practical Steps You Can Do Now
If you are just starting to think about selling, here are some gentle steps to help you feel more ready:
- Research local conveyancers or solicitors. Many offer a free chat, allowing you to ask questions and understand their fees.
- Gather your key property paperwork, past contracts, rates notices, council approvals for any extensions, pool safety certificates if you have a pool.
- Walk around your home and note anything a buyer might ask about, such as leaks, repairs, or odd extensions. Flag these for your conveyancer.
- If you own a unit, request a pool safety certificate, recent Body Corporate minutes, financial statements, and other relevant documents now.
- Read through a blank Form 6 sample. It helps you understand what you will agree to with your agent.
These simple steps cost little to nothing, but they make you feel organised and calm when you’re ready to list.
What Most Agents Do Not Always Say
While agents are experts in marketing and negotiation, some legal aspects of pre-listing might not always be fully elaborated on by every agent.
You might not always hear the full extent of your seller’s disclosure obligations directly from an agent. While they can guide you, the legal responsibility lies with you and your conveyancer or solicitor. A top agent will always refer you to your legal counsel for specific legal advice on disclosures.
The critical importance of the Form 6, the Appointment of Agent, is sometimes undersold. It’s more than just a formality; it’s a detailed legal contract outlining commission, marketing, and the duration of the agent’s appointment. A good agent will encourage you to thoroughly review it and even suggest legal advice if you have concerns.
For strata properties, the nuances of Body Corporate documents, as well as the time and potential costs involved in obtaining them, are vital. Not all agents will proactively explain that ordering these well in advance is crucial to avoid delays once an offer is on the table.
Finally, the severe risks associated with mismanaging deposits, particularly with Queensland’s ‘instalment contract’ laws, are not always front-of-mind for every agent. A diligent agent, however, will flag this with you and strongly advise you to seek your conveyancer’s guidance on managing deposit payments to avoid inadvertently triggering an instalment contract, which shifts significant risk onto you, the seller.
Selling Well Starts Long Before You List
When you take care of the legal essentials early, you avoid rushed decisions and awkward surprises later. You protect yourself legally and demonstrate to buyers that you are a seller worth trusting.
This does not mean you have to list tomorrow. Take it slow. Chat with a conveyancer when you have questions. Ask your agent about their process. Gather your papers one step at a time. Selling is a big move. Doing it well is worth every bit of thoughtful preparation.
Ready When You Are
Selling your Gold Coast property is not just a financial transaction. It’s a fresh start and a chance to move forward with confidence. With the right legal steps covered early, you protect that fresh start from hiccups and headaches.
When you are ready, whether soon or months down the track, I am here to help you feel informed, calm and ready to sell smartly. No rush. No pushy promises. Just guiding you through the steps involved in selling your property.
THIS IS HOW YOUR JOURNEY TO A SUCCESSFUL GOLD COAST PROPERTY SALE STARTS
My simplified guide below will take you through a 20-step process for selling your property anywhere on the Gold Coast;
I proudly sell homes across the entire coast.
1. PREPARING YOUR GOLD COAST PROPERTY FOR SALE + SOME OF THE LEGAL REQUIREMENTS
- Tidying gardens and decluttering everything inside and out.
- All homes for sale, are legally required to have hardwired photoelectric, interconnected smoke alarms.
Non-removable 10-year battery smoke alarms can be installed as an alternative.
- By law, you are required to complete a pre-contractual seller’s disclosure statement: generally related to limitations, restraints, or defects in the property title, such as easements, covenants, leasing, zoning, etc.
- A pool safety certificate is also required if you have a swimming pool or if the property has a shared swimming pool (Body Corporate).
2. COMPARATIVE MARKET ANALYSIS REPORT FOR YOUR GOLD COAST PROPERTY
After showing me around your property, I will provide you with a Comparative Market Analysis (CMA) report. This is a detailed, legally required analysis of your home’s market value.
The CMA is based on recently sold and for-sale properties similar to yours in the immediate area. I will need to view your home to prepare this report.
3. SETTING A MARKETING BUDGET FOR YOUR GOLD COAST HOME
The third step in selling your home is to create a marketing budget.
By law, this must be based on actual costs.
There are various marketing options to consider, such as:
– Internal, External and Drone Photography.
– Property and House Plans show potential buyers the exact layout of your home and property.
– Internet Advertising on platforms such as RealEstate.com.au, Domain.com.au, Facebook.com, Instagram.com, etc.
– For Sale Sign on the street is still essential to attracting potential buyers. Even though many buyers start their search online, they often drive around neighbourhoods to see what’s available.
A simple fact: Not having a For Sale sign can significantly reduce the number of people who see your property and may be interested in buying it.
4. PREPARING AND APPROVING THE FORM 6 AGREEMENT WHEN SELLING A GOLD COAST PROPERTY
A Form 6 Agreement is a document provided by the Queensland State Government. It outlines all relevant details of the property sale, including the marketing budget.
Our administration team will prepare this form for you and send it for your review and approval.
5. PAYING THE MARKETING BUDGET FOR YOUR GOLD COAST PROPERTY
Once you have approved the Form 6 Agreement, the next step is to pay for the marketing budget that you have chosen.
6. STARTING THE ADVERTISING PROCESS
Once your payment is received, the advertising campaign will commence.
Advertising strategies will align with the choices you made within your marketing budget.
7. MONITORING MARKET RESPONSE
If your property hasn’t received offers within 30 days, don’t assume there’s no interest.
It often means the price isn’t aligned with what buyers are willing to pay at this time.
This is your signal to review and adjust your pricing strategy so your home remains competitive and receives the attention it deserves.
8. ARRANGING BUYER VIEWINGS
When buyers express interest in your property, viewings will be arranged to allow them to see your home in person; you need to be away from the property during these viewings.
This helps potential buyers feel relaxed and visualise themselves as the new owners, thereby forming a deeper connection with your property.
9. CONSIDERING A BUYER’S OFFER
When you receive an offer on your home, it means a buyer is serious and ready to move forward at a certain price.
This is a key moment in your selling journey. Take the time to go over the offer carefully.
Look beyond the price; check the terms, conditions, and settlement timeframes. Make sure it works for you before accepting, countering, or declining.
10. ACCEPT, COUNTER, REJECT
When an offer is presented, you will need to respond by accepting, countering, or rejecting it.
Accepting locks in the agreed-upon price and terms.
Countering proposes changes and initiates further negotiations. If countering, present revised terms clearly; open, respectful communication is key for a smooth sale.
Rejecting means the offer is unacceptable; in this case, respond promptly and professionally, explaining your reasoning for the decision.
11. YOUR LEGALITIES
When you finally accept an offer, you will engage your conveyancer or solicitor to facilitate the legal requirements to complete the sale.
If you are part of a Body Corporate, you will need to provide a Disclosure Statement from them.
Your solicitor will use PEXA to settle your property. Part of the process requires Verification of Identity. Also, anyone selling a property must complete an ATO Clearance Certificate.
12. BUYER’S DEPOSIT
The buyer’s deposit is a crucial step in the property purchase process; it will be held in the agency’s Trust account.
This is a tangible expression of the buyer’s commitment to purchase your property.
13. BUILDING AND PEST INSPECTIONS
Typically, a buyer will arrange for a building and pest inspection report to be completed, usually within 14 days of the contract date.
Additionally, they may have the contract subject to finance, which is generally applicable for 21 days from the contract date.
14. COMPLETING YOUR GOLD COAST PROPERTY SALE
Based on the outcome of the building and pest inspection report, as well as any finance being sought, the buyer will proceed with their offer or withdraw it.
At this point, the sale either falls through or becomes unconditional.
15. LOOKING FOR YOUR NEW PROPERTY
If the sale becomes unconditional, it is time to start looking for a new property. Remember, there is no need to rush.
It is essential that you take your time, as this needs to be a very considered purchase.
Your new home is of substantial value and can be costly if you change your mind. Something you may want to investigate is Short-Term Bridging Loans.
16. ALTERNATIVES YOU SHOULD CONSIDER
An alternative to seriously consider when deciding where to live between selling and buying is renting while you look for a new property.
Renting for a short period gives you breathing room; it allows you time to clear your head, make a confident, considered decision, and ultimately buy where you truly want to live, with no pressure or panic.
17. TIME FOR YOU TO MOVE
Leaving your home opens doors to a new chapter full of new beginnings. Embrace the excitement of a fresh start and cherish the memories you’ve made.
Every box you pack brings you one step closer to a new adventure full of possibilities that lie ahead.
18. YOUR SALE CONCLUDES
The culmination of the property sale is settlement; it marks the transfer of the property to the new buyer.
As the final chapter concludes, this marks a sense of achievement: your property has now SOLD.
19. YOUR FUTURE OPTIONS
If you have chosen to rent, you will continue to look for and eventually purchase a property, apartment, or perhaps even buy land and build; now there’s something to consider.
20. TIME TO UNWIND AND MAKE YOUR NEW HOME YOUR OWN
As you unpack and furnish your new home, embrace the gradual process of creating your haven.
Enjoy the transformation, one room at a time.
Relax in the tranquillity of your surroundings and immerse yourself in the gentle sounds of your new neighbourhood.
Explore the nearby parks and cafes; enjoy the unique charm of your new community.
Remember, settling in is a journey in itself; it’s not a race. Embrace the process of creating a home that reflects your unique style and personality.
Whether you’re downsizing, relocating or just ready to move on, I’ll guide you through every step of selling your Gold Coast home with confidence and ease.
Navigating the intricacies of selling your property can be complex, but it doesn’t have to be.
My 20-step guide provides a simplified general overview; as you would naturally expect, your steps may vary.
Author – Craig Douglas
Are you ready for a conversation about selling your Gold Coast home?
Let’s get you Selling
LET’S GET YOU SOLD
Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
You can find me working at a Boutique Real Estate Agency
These are just some of the suburbs that I proudly sell homes in:
Crestwood
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight“.
I negotiate and sell on behalf of property owners who want to get the best possible price with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
