What Your Property Lawyer is Looking For in Your Contract

Buying property in Queensland involves more than agreeing on a price and signing a contract, because the ‘devil’ is often in the fine print.

Before you commit to buy, you need to understand exactly what your contract includes, what it leaves out, and whether any special conditions need to be added that will protect you from disruptions, stress or financial loss.

The following guide explains standard inclusions of a property contract and outlines what an experienced property lawyer will check for before you sign on the dotted line for this major transaction.

Key takeaways

• Standard REIQ and QLS contracts include many common property purchase conditions.
• Different property types require different contract forms.
• Detailed contract review from a property law specialist helps identify legal risks before signing.
• New obligations for sellers were introduced in August 2025, and buyers need to be aware of this.

Understanding property contracts in Queensland: key clauses to check

Queensland property contracts are generally well-structured and include standard clauses.

Depending on the property type, your contract is likely to cover:

• Finance approval conditions
• Building and pest inspection clauses
• Settlement dates
• Pool safety obligations
• Insurance risk
• Deposit terms
• Default provisions

However, different contracts apply to different property types. Houses, commercial properties, and community title scheme properties may all require different contract versions.

A contract review from a property law expert helps ensure the correct agreement is being used and that the terms reflect the specific transaction you are working through.

What standard contracts may not include

Queensland property contracts are commonly based on standard agreements prepared by the Real Estate Institute of Queensland (REIQ) and the Queensland Law Society (QLS). While these contracts cover many common situations, they are not one-size-fits-all documents and they may not automatically include every protection you may need as the buyer.

For example, a buyer wanting to undertake broader due diligence to confirm there are no major structural issues may require additional special conditions. Similarly, a seller may wish to amend or exclude warranties that do not accurately apply to the property.

Other clauses that may need to be added include:

• Subject-to-sale conditions
• Extended due diligence periods
• Commercial tenancy review clauses
• Access arrangements before settlement
• Special finance arrangements

Without properly drafted and reviewed conditions, you may unintentionally expose yourself to legal or financial risks and end up with a property that costs more than you bargained for.

Common legal risks in property purchases and how to avoid them

One of the biggest risks when you buy a property is assuming the standard contract automatically covers every issue and failing to get support to read it in detail.

These risks may include:

• Limited due diligence rights
• Unclear special conditions
• Unexpected repair or compliance issues
• Problems with finance approval timing

If you want to avoid a last-minute panic, a sale that falls through or a property filled with unexpected issues, reviewing the contract is the most important part of the contract process.

How the new seller disclosure laws affect Queensland property contracts

As mentioned, Queensland’s seller disclosure scheme under the Property Law Act 2023 introduced additional obligations that sellers must meet before signing a contract.

Under the scheme, sellers are now required to provide prescribed disclosure information and supporting documents to buyers before contracts are entered into.

This may include information relating to:

• Title details
• Encumbrances
• Zoning matters
• Pool compliance
• Notices affecting the property

Failing to comply with disclosure obligations may mean you have the right to terminate the deal, if you believe something isn’t right, but you will need a professional contract reviewer to ensure all the right boxes are ticked.

Why you need a property lawyer when you buy a new place

A contract review from a property lawyer will make sure the agreement reflects your best interests as the buyer.

Property lawyers review contracts to:

• Explain legal obligations in plain English
• Identify clauses that may create risk
• Draft or negotiate special conditions
• Ensure disclosure obligations are met
• Help buyers and sellers avoid costly disputes later

Even well-prepared standard contracts may require amendments depending on the property, transaction structure, or goals of the parties involved.