Legal Project Management Plan & Checklist
Acting for a Queensland home seller: Form 2 seller disclosure, contract and cooling-off, ATO clearance certificate, mortgage release and e-settlement.
What must a Queensland seller give the buyer before the contract is signed?: Under section 99 of the Property Law Act 2023 (Qld), in force from 1 August 2025, the seller must give the buyer a disclosure statement in the approved form (Form 2), signed by the seller and true when given, together with every prescribed certificate that applies to the lot, before the buyer signs. Section 5 of the Property Law Regulation 2024 prescribes a title search and the registered survey plan for every lot and, where they apply, a pool compliance certificate or notice of no pool safety certificate, the community management statement and body corporate certificate for a lot in a community titles scheme, an unlicensed building work notice under section 47 of the Act, and copies of current building, planning, environmental and work notices. The parties cannot contract out (s 98).
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
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Can the buyer terminate if the seller's disclosure is missing or wrong?: Yes. Under section 104 the buyer may terminate by notice at any time before settlement if the disclosure statement or a prescribed certificate was not given before the buyer signed, or if it was inaccurate or incomplete on a material matter that the buyer did not know about and would not have signed had they known. The seller must repay the amounts paid towards the price, with any interest earned, within 14 days (s 105). Rates and water information is not a material matter (Property Law Regulation 2024 s 10), and where another Act already provides a consequence, such as the warranty under section 47 of the QBCC Act, that consequence applies instead (s 104(4)).
How does the cooling-off period affect a Queensland seller?: For a residential sale that is not made at auction, the buyer has a 5 business day cooling-off period under section 166 of the Property Occupations Act 2014 (Qld). It starts on the day the buyer receives a copy of the contract signed by both parties and ends at 5pm on the fifth business day. Only the buyer can terminate. If the buyer does, the seller may keep no more than 0.25% of the purchase price from the deposit and must refund the rest within 14 days (s 168). The contract must carry the statutory cooling-off warning immediately above the place where the buyer signs (s 165).
Does a Queensland seller need an ATO clearance certificate?: Yes, if the seller is an Australian resident for tax purposes. The ATO states that for contracts signed from 1 January 2025 foreign resident capital gains withholding of 15% applies to all property, whatever the price, unless each seller gives the buyer a valid clearance certificate at or before settlement. Applications are free, can take up to 28 days to process, and certificates are valid for 12 months from issue.
Jurisdiction: Queensland. This plan covers the sale of a lot registered under the Land Title Act 1994 (Qld), with the transfer and the release of the seller's mortgage registered by Titles Queensland. Since 20 February 2023, when a lawyer or other industry professional lodges these instruments they must be lodged electronically through an Electronic Lodgment Network (PEXA or Sympli) unless an exemption applies. No court or tribunal is involved unless the contract fails.
The Process at a Glance: The matter opens with a conflict check, costs disclosure, verification of the seller's identity and right to deal, a title search and an early application for the ATO clearance certificate. The seller disclosure statement is then built from the title, the registered plan, the rate and water notices, planning and environmental enquiries and the pool, building and body corporate documents, signed by the seller and given to each prospective buyer before they sign, with proof of delivery kept on the file. The contract is checked for the cooling-off warning, signed, and the fully signed copy delivered so that the buyer's cooling-off period starts and can be diarised. Before settlement the outgoing mortgagee is instructed, caveats and other objections are cleared, the transfer and the seller's property information are prepared in the electronic workspace, the clearance certificate is given to the buyer and the settlement statement is agreed. Settlement happens in the workspace, followed by confirmation of registration, release of the deposit and keys, change of ownership notices, reporting and file closure.
Key Legislation: Property Law Act 2023 (Qld) s 7 (writing), ss 75 to 86 (sales of land and e-conveyancing), ss 95 to 107 (seller disclosure for sales of lots) and s 251 (transitional). Property Law Regulation 2024 (Qld) ss 5 to 10 and Schedule 1. Property Occupations Act 2014 (Qld) ss 159, 160 and 165 to 168. Land Title Act 1994 (Qld) ss 14C, 60 to 62, 81, 138 to 144, 161, 162, 167 and 181. Building Act 1975 (Qld) ss 246ATF, 246ATJ and 246ATM. Queensland Building and Construction Commission Act 1991 (Qld) s 47. Local Government Regulation 2012 (Qld) ss 161 and 163. Legal Profession Act 2007 (Qld) ss 307B, 308 and 310. Queensland Participation Rules for electronic conveyancing, Version 7. Foreign resident capital gains withholding as administered by the Australian Taxation Office. Land tax on a sale as explained by the Queensland Revenue Office.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Property Sale (Seller) - QLD - Standard Residential Sale matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Real Estate cases, outlining the standard TRANSACTIONAL process. Utilize these tracking templates to manage your legal cases efficiently.
matter.matterNumber |
| text |
| Required |
inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Know who the seller is, what they own, what is registered against the title and what the disclosure pack will need, before the property is offered to a buyer.
A complete and accurate disclosure pack in each buyer's hands before signing, so that no termination right arises under section 104.
A binding contract with a known cooling-off expiry, deposit secured and any buyer termination handled within the statutory refund period.
Every instrument signed, every financial line balanced and every clearance in place so the workspace can settle on the Settlement Date.
Sale completed, seller paid and protected against post-settlement rates and land tax exposure, and the file closed.
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