Common Conveyancing Pitfalls For Buyers and How to Avoid Them in Queensland

The conveyancing process can be complex, and navigating the legal requirements of buying or selling property in Queensland can be challenging.

As a result, various pitfalls can emerge during a property transaction, potentially causing significant delays, financial loss, or even a failed transaction. This article aims to shed light on some common conveyancing pitfalls and provide practical advice on how to avoid them, ensuring a smooth and successful property transaction.

When it comes time to sign a contract, you will notice there is awful lot of small print at the back of the contract. It’s these clauses that can either tank, save or help you escape a bad transaction.


Missed Deadlines:

One of the most common conveyancing pitfalls for a Buyer is missing important deadlines, such as missing the expiry of the cooling-off period (should you want to terminate), finance approval, building and pest inspections, or settlement dates. These deadlines are crucial for the successful completion of a property transaction, and missing them can lead to penalties, termination of the contract, or loss of deposit or both!.

To avoid this pitfall, CCQ Law can efficiently manage the entire process and ensure all deadlines are met. By keeping communication open with your conveyancer, we give you regular updates so you stay informed about the progress of your transaction. CCQ Law are part of your Team!


Inadequate Contract Review:

A thorough contract review (prior to signing) is a critical aspect of the conveyancing process. Failure to properly understand the terms and conditions of the contract can result in unpleasant surprises and financial loss. Some examples include unclear or unfavorable clauses, omitted special conditions, or discrepancies in the representations of what is and is not included with the property (fixtures/chattels) just to name a few!


To mitigate this risk, we meticulously review the contract, identify any issues, and negotiate amendments or special conditions on your behalf. This will protect your interests and help you avoid potential problems down the line.

When it comes time to sign the contract, we know it can all be very exciting and a little overwhelming. This is where you hit the pause button and send the contract to our conveyancing team for review. A good contract review can save you enormous amounts of heartache and possibly significant financial loss later on but also gives you confidence that the terms and conditions noted in the Contract are what you were expecting and agreed on.


Undisclosed Property Defects:

Undisclosed property defects, such as structural damage, pest infestations, or illegal building alterations, can lead to costly repairs and legal disputes. To avoid this pitfall, insist on a thorough building and pest inspection be carried out. his will give you a clear understanding of the property's condition and allow you to negotiate repairs or a price reduction with the seller.  Building/Pest inspection reports do not cover information regarding Council approvals for structures on the property.

Furthermore, consult your conveyancer to ensure that all necessary searches and checks, such as title searches and zoning inquiries, have been conducted before you satisfy all the contract conditions. These searches can reveal any encumbrances or restrictions on the property, enabling you to make an informed decision before you are 100% committed to the purchase.


Inaccurate Stamp Duty Assessment:

Stamp duty (aka Transfer Duty) is a significant expense in property transactions, and inaccurately calculating this tax can lead to financial stress or delays in settlement. To avoid this pitfall and be fully aware of what stamp duty will be payable at settlement, you can also use the Queensland government's online stamp duty calculator to estimate the correct amount or discuss your situation with your conveyancer.


Poor Communication:

Lack of effective communication between parties involved in the property transaction can lead to misunderstandings, delays, and frustration. To prevent this, CCQ Law has a proven track record of excellent communication and customer service. Our default position is we are available to assist you and take your calls. We keep you informed at every stage of the process and are easily accessible by phone or email for any queries or concerns.



By being aware of these common conveyancing pitfalls and following the recommended steps to avoid them, you can greatly increase the chances of a successful property transaction in Queensland. Engaging an experienced and professional conveyancer is key to navigating the complexities of the process and protecting your interests. With CCQ Law you are choosing a conveyancer who is not only knowledgeable but also dedicated to providing excellent communication and customer service (go on, check our Google Reviews, we walk the walk not just talk the talk). Your peace of mind and confidence in your property transaction is priceless.


Remember!  No two Contracts are the same – No two properties are the same!  There is nothing “standard” with Contracts – don’t be complacent! Have CCQ Law on your Team!