Selling your home privately can be an empowering and cost-effective choice. More homeowners in Queensland are now bypassing traditional real estate agents and opting to handle their property sales themselves. But before you take that step, it’s essential to understand the private sale laws in Queensland. Knowing your legal responsibilities ensures the sale runs smoothly, protects you from costly mistakes, and gives potential buyers confidence in your professionalism.

At For Sale By Home Owner, we help everyday Australians sell their homes privately with the right tools, information, and support. Below, we’ve outlined the key legal requirements you need to follow when selling a property privately in Queensland.

Use a Legally Compliant Contract of Sale

One of the most important aspects of selling a property in Queensland is using a valid and legally compliant Contract of Sale. Whether you’re selling through an agent or doing it yourself, this contract forms the legal agreement between you and the buyer.

The Contract of Sale must include:

• Property details
• Purchase price and deposit terms
• Settlement period
• Inclusions and exclusions (e.g., appliances, fittings)
• Disclosure documents and special conditions (if applicable)

You’ll need a solicitor or conveyancer to prepare or review this contract. At For Sale By Home Owner, we can connect you with licensed professionals who specialise in private property sales in Queensland.

Understand the Cooling-Off Period

One of the key private sale laws in Queensland is the statutory five-business-day cooling-off period. This applies to residential property purchases and gives the buyer time to reconsider their decision after signing the contract.

Important points about the cooling-off period:

• It begins the day the buyer receives a signed copy of the contract.
• The buyer can terminate the contract for any reason during this time.
• If they withdraw, the seller can retain up to 0.25% of the purchase price from the buyer’s deposit.
• The cooling-off period can be waived, but only if the buyer gives written notice (usually through their solicitor).

Sellers must inform buyers of their rights and ensure this clause is included in the contract.

Make Required Disclosures

Under Queensland law, sellers must disclose certain information about the property to the buyer before or at the time of signing the contract. Failing to provide required disclosures can lead to legal issues or contract termination.

Common disclosures include:

• Easements or encumbrances on the property
• Zoning and planning information
• Building approvals or notices
• Flood zones or bushfire-prone areas
• Any existing leases or tenancy agreements

Buyers are entitled to accurate and full information. To ensure compliance, it’s recommended to obtain a property title search and relevant council records. For Sale By Home Owner offers support and resources to help sellers gather the necessary documentation.

Comply with Smoke Alarm and Safety Switch Laws

Before settlement, Queensland sellers must comply with current safety requirements for smoke alarms and safety switches.

Smoke alarm rules:

• All homes sold in Queensland must have photoelectric smoke alarms installed in all bedrooms, hallways, and on each level of the property.
• These alarms must be hardwired or contain a non-removable 10-year battery.
• If your home doesn’t comply, you must upgrade before settlement.

Safety switch laws:

• Properties must have a safety switch installed on all power circuits.
• If not already installed, the buyer is responsible for doing so within three months after settlement.
• Sellers should still inform the buyer about the presence (or absence) of safety switches in the property.

These requirements are enforced under Queensland fire safety and electrical safety laws.

Provide Pool Safety Certificates (If Applicable)

If your property has a swimming pool or spa, you’re legally required to obtain a Pool Safety Certificate before selling. This ensures the pool barrier complies with Queensland’s strict safety standards.

Key points:

• The certificate must be issued by a licensed pool safety inspector.
• It is valid for two years for non-shared pools (e.g., private homes).
• If you do not provide the certificate before settlement, you must give the buyer a Form 36 (Notice of No Pool Safety Certificate), and the buyer then has 90 days post-settlement to comply.

For Sale By Home Owner provides guidance on how to arrange pool inspections and meet all safety obligations before listing your property.

Handle Deposits Through a Trust Account

When selling privately, the buyer’s deposit must be held in a trust account until settlement. This ensures both parties are protected during the transaction.

Here’s how to manage it:

• Your solicitor or conveyancer usually holds the deposit in trust.
• The deposit amount is usually 5–10% of the purchase price.
• Do not place the deposit into your personal account.

For Sale By Home Owner works with qualified legal professionals who can manage deposits securely and in compliance with Queensland law.

Work with a Licensed Conveyancer or Solicitor

Even if you’re confident managing most of the sale yourself, you’ll still need a licensed legal professional to handle the formalities. A conveyancer or solicitor will:

• Draft and review your Contract of Sale
• Perform title and council searches
• Manage the settlement process
• Ensure all disclosures and legal requirements are met

Selling privately doesn’t mean going it alone. At For Sale By Home Owner, we help you access expert legal support when you need it.

Final Thoughts

Selling your home privately in Queensland is not only legal—it’s a smart way to save on agent commissions and stay in control of your sale. But to do it right, you must understand and follow the essential private sale laws in Queensland. From preparing the contract and handling deposits to ensuring safety compliance and legal disclosures, each step is crucial to a smooth and successful transaction.

With the right tools and professional guidance from For Sale By Home Owner, you can sell confidently, legally, and profitably—all on your own terms.