Buying property in Queensland while living in NSW

The law of the property applies

The rules come from the state where the property is, not the state where you live.

A Queensland purchase uses Queensland contract forms, Queensland disclosure rules and Queensland transfer duty.

What you know from buying in NSW may not apply.

Step 1. The seller disclosure statement

Since 1 August 2025, a Queensland seller must give the buyer a seller disclosure statement (Form 2) and prescribed certificates before the buyer signs the contract.

The certificates can include the title search and survey plan, certain notices, a pool safety certificate, and body corporate documents for a unit.

The documents can be given in person, by post or by email.

At an auction, they must be given or made available before the fall of the hammer.

If the seller does not give them, the buyer may end the contract at any time up to settlement.

If the information is inaccurate or incomplete, the buyer may end the contract up to settlement only if the problem was material, the buyer did not know of it, and the buyer would not have signed had the buyer known.

Step 2. Conditions go in before you sign

Common conditions are finance approval, a building and pest inspection, and the sale of your existing property.

A condition must be written into the contract when you sign. If it is not, it will not bind the seller.

The contract must also carry a warning statement above the place where you sign. It sets out the cooling-off period and the termination penalty, and recommends independent legal advice and a valuation.

Step 3. Cooling-off and the deposit

Under the standard Queensland contract, the buyer has 5 business days to cool off.

It starts on the day the buyer receives a copy of the contract signed by both parties. It ends at 5pm on the fifth business day.

To withdraw, the buyer gives signed written notice to the seller or the seller's agent before that time.

The seller must refund the deposit within 14 days, less a penalty of up to 0.25% of the price.

There is no cooling-off period at auction.

Once the contract is binding, the deposit is paid by the date in the contract, usually within 2 to 3 days.

Step 4. Queensland transfer duty

Transfer duty on a Queensland property is paid to the Queensland Revenue Office, not Revenue NSW. The buyer usually pays it.

Where a solicitor who is a registered self assessor lodges for you, the transaction must be lodged online within 30 days of the liability date, usually the contract date, and the duty paid within 14 days after that.

Queensland has its own concessions for buyers who will live in the home. Since 1 May 2025, a first home buyer of a brand new home, or vacant land to build one on, may pay no duty. Each concession has its own conditions.

NSW first home buyer help does not apply to a Queensland property.

Step 5. Settlement

Settlement in Queensland is usually 4 to 6 weeks after the contract is finalised, though a different date can be agreed.

The seller pays council rates up to and including settlement day. The buyer pays from the next day.

On settlement, the balance is paid, the title passes to you and you take possession.

Common questions