Are there any legal considerations or contracts that need to be prepared before listing my property for sale on the Gold Coast?
Yes, there are legal considerations and contracts that need to be prepared before listing your property for sale on the Gold Coast.
If you’re planning to sell your property on the Gold Coast, it’s important to have all your legal documents sorted before listing.
Getting the paperwork right from the start helps avoid delays, protects your rights as a seller, and gives potential buyers confidence in your property.
Below is a clear breakdown of what needs to be prepared.
The Contract of Sale
This is the main document in the sale process. It lays out everything from the sale price to what fixtures and fittings are included.
The contract includes:
- Full legal names of the buyer and seller
- The agreed sale price
- Settlement date
- Any special conditions
- Details of inclusions and exclusions (e.g. appliances, blinds, fixtures)
By law, the contract must also include key disclosure documents under Queensland property legislation.
Your solicitor or conveyancer will prepare this contract, ensuring it’s legally binding and complete.
Form 6 – Appointment of Real Estate Agent
Before your property can be marketed, you’ll need to complete a Form 6. This is a legal requirement in Queensland.
It authorises me, as your agent, to act on your behalf and outlines:
- Commission rate
- Marketing costs
- Length of the agreement
We go through this form together so everything is clear before we start.
Vendor Disclosure Documents
You’re required by law to disclose key information to buyers upfront. These documents help buyers make informed decisions—and they protect you from legal trouble later.
Disclosure documents usually include:
- A current title search showing legal ownership
- Any easements, mortgages, or caveats registered on the property
- Zoning certificates explaining what the land can legally be used for
- Any building approvals or development restrictions
- Details of body corporate fees or rules (if applicable)
You must provide accurate information. Misleading or missing disclosures can lead to legal claims after the sale.
Planning and Zoning Certificates
Buyers often want to know what they can and can’t do with the land. This is where planning and zoning certificates help.
These certificates include:
- Land use restrictions
- Future council plans or overlays
- Building or renovation approvals
If your buyer wants to develop or renovate, zoning documents will influence their decision.
Land Title Verification Certificate (LTVC)
This certificate confirms legal ownership and shows:
- Mortgages registered on the title
- Caveats or claims
- Any government interests or notifications
You can’t sell the property unless these details are accurate and up to date.
Smoke Alarm Compliance
All properties sold in Queensland must meet updated smoke alarm laws.
You must install:
- Photoelectric smoke alarms
- Hardwired or 10-year non-removable battery units
- Interconnected alarms in all bedrooms and hallways
If your home doesn’t meet the requirements, you’ll need to upgrade before settlement. Buyers may request proof of compliance as part of the contract conditions.
Pool Safety Certificate
If your property has a pool or spa (including shared pools in complexes), you’ll need a valid Pool Safety Certificate before settlement.
A licensed pool inspector can assess and certify your pool. If the certificate is missing, buyers may delay settlement or request a deduction in the sale price.
Conveyancing Documents
Conveyancers or solicitors handle all the legal paperwork involved in the sale.
They:
- Prepare the contract of sale
- Handle any special conditions
- Manage the legal transfer of ownership
- Coordinate with the buyer’s legal team
- Help you meet legal deadlines
While I handle the property marketing and negotiations, your solicitor or conveyancer takes care of the legal side.
Waiving the Cooling-Off Period
In Queensland, buyers usually get a five-business-day cooling-off period after signing the contract.
However, this can be waived if both parties agree in writing. Some buyers do this to strengthen their offer.
Adding Special Conditions
Depending on your situation, we may include special clauses in your contract. These could include:
- Requiring the buyer to carry out pest or building inspections
- Delaying settlement due to your next property purchase
- Allowing time for minor repairs or tenant vacate notices
- Agreeing to include or exclude certain fixtures or furnishings
I’ll work with your solicitor to make sure any special terms are clearly outlined and protect your interests.
Optional but Helpful: Building and Pest Inspection Report
You’re not legally required to provide a building and pest report, but many sellers do.
Why? It builds buyer confidence and can speed up negotiations. If your report shows no major issues, buyers are more likely to act fast.
Final Thoughts
Selling your home is a legal transaction, and it’s important to get everything right from the start. Preparing your documents before going to market helps avoid hiccups down the track—and gives buyers the confidence they need to move forward.
I’ll help guide you through every step of the sale. From listing to settlement, I’m with you all the way.
If you’re ready to sell your Gold Coast property and want a clear, simple approach with strong results—reach out today. Let’s get you SOLD.
Author – Craig Douglas
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.
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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
