Buying Guide
WHAT IS THE PROCESS FOR BUYING A PROPERTY
Whether the purchase of a new home represents a place to start a family, a cozy space for retirement, a major relocation or simply an investment decision, this will be a significant and important emotional and financial decision.
This guide will walk you through the essential steps of purchasing a property. Remember, ethico agents are just a call, text, or email away if you need further support during this exciting journey!
1. DETERMINE YOUR BUDGET
If you own a home or an investment property and plan to sell it to purchase your next property, or if you intend to use the equity from your current asset as a deposit, you need to contact a real estate agent. They can help determine the current market value of the property which will then assist with how much can be unlocked towards the next purchase.
If you need a mortgage, start by reaching out to a bank or a mortgage broker. Brokers often secure better loan terms because they compare multiple providers and understand how to navigate the system for optimal rates. Keep in mind that pre-approvals do expire, and the application process may take time. We recommend making initial contact to get an informal estimate of how much you can borrow, as the broker vetting process is the same pre-approval stage. Once you find your ideal property and have a contract in hand, you can begin the formal finance approval process as part of your contract finance condition. If you need a recommendation for a broker, we’re happy to help!
2. WHAT’S THE DIFFERENCE BETWEEN FOR SALE AND AUCTION
The For Sale and Auction campaigns are two different strategies to selling real estate or land, each comes with its own pros and cons.
FOR SALE: property or land is listed with or without price.
For example: New to market, Inviting offers, Offers Over $1M, $1,000,000- $1,100,000 or a fixed price such as $1,000,000.
Buyers can make offers based on asking price or where they see the value.
Advantage: for a buyer with a list of complicated conditions such as needing to sell before buying or perhaps development related searches, this method of sales is more giving on time and buyers are welcome to request conditions as necessary- however this does not always mean that the conditions are accepted by the seller.
Disadvantage: in a strong market properties usually end up in a multiple offer situation and as per Queensland law the agent is forbidden to indicate where other offers sit. This often means buyers pay substantially more than necessary to secure the property as it’s essentially blind bidding. If a For Sale campaign aka Private Treaty runs into complications due to conditions, in many cases both the buyer and the seller have an option to terminate the contract which often means loss of time, money and heartache.
AUCTION: a deadline sale through an open bidding process.
In general the property is sold to the highest bidder at the end of the auction provided that the sellers set reserve price is met.
Advantage: as this is an open form of bidding, buyers have confidence knowing that they didn’t pay substantially above the competition and often the difference between securing and not securing a property can be as little as $1000 more than the next highest buyer. The successful purchaser can rest easy knowing that they have secured their desired property.
Disadvantage: an auction campaign is an unconditional contract which means if you require conditions such as ‘Subject to sale’ or perhaps you are late to the picture and don’t feel comfortable proceeding without a building and pest inspection, you won’t be able to bid but you should always notify the agent of interest as a conditional buyer.
3. GET THE MOST OUT OF YOUR INSPECTION
Ask as many questions about the property as possible, and feel free to take notes. Pay attention to how the home makes you feel, noting the areas you love and those that don’t quite meet your expectations. Discuss with the agent potential cost-effective solutions for optimizing spaces that feel off. Ask about nearby amenities and the best ways to spend a weekend in the suburb. Remember that the home’s price is typically determined by other buyers rather than the agent. Being transparent about your budget can save time and help avoid disappointment.
4. WHAT HAPPENS AFTER THE INSPECTION
After the viewing, most agencies will follow up to ask for your feedback on the property. This follow-up can occur anywhere from the same afternoon to two or three days later, depending on the individual agent’s habits. Some agencies attempt only one follow-up, while others may call, message, or email repeatedly until they receive a response for their paying vendor. The sooner you share your thoughts with the agent, the quicker they will stop bombarding you with messages.
During the follow-up, it’s important to be completely transparent. Remember that the agent is not the homeowner and is unbiased about any negative feedback. If the agent has been in the industry for a while, they often have simple solutions for issues that may seem significant to you.
You will also be asked for your opinion on the approximate property value. This information is crucial for the agent, as it helps them gauge your understanding of the price points in the suburb. In turn, this allows them to suggest alternative homes if the current property is not suitable for your needs and to advise the seller on what the market thinks about their property’s value.
Ultimately, the decision to proceed with an offer will always be yours to make. The agent is there to assist you by providing as much information as you need, helping you feel equipped to make a well-informed decision.
5. DO I APPOINT A SOLICITOR BEFORE OR AFTER SIGNING A CONTRACT
The timing of appointing a solicitor depends on your comfort level; there’s no definitive right or wrong answer. If you are a seasoned buyer and feel confident in your understanding of the contract – whether through the agent’s guidance or your own research – you can sign the contract without the solicitor’s input. However, if you’re nervous about proceeding without professional advice, it’s wise to inform the agent that you won’t move forward until you’ve consulted with your solicitor.
In situations where a property receives multiple offers and the seller must make a quick decision due to personal circumstances, there may not be enough time to consult a solicitor, especially if the contract falls on a weekend. In such cases, you may face a difficult choice: risk losing the property to another buyer or proceed and sign the contract.
Remember, real estate agents are legally prohibited from falsifying documents, providing misleading information, or hiding any damaging information they possess. They should be able to clarify any items on the contract that you have questions about, so you should feel at ease proceeding if their explanations align with your situation. To further protect yourself, always request written confirmation from the estate agent regarding any concerning issues. This documentation can serve as leverage in case a dispute arises later.
Over the past decade, we have worked with many solicitors and found that their quality varies significantly. It’s essential to choose a good solicitor – one who is efficient, responsive, and insightful – as they will protect your investment and represent your best interests. We regularly collaborate with excellent solicitors who can provide you with free quotes if needed.
6. SUBMITTING AN OFFER
The process for submitting an offer can vary significantly between companies. Some may request a verbal offer, while others might accept a simple text message with basic details. Others a detailed offer which can be submitted as a printed PDF or through an online platform like Airtable. Certain agencies may refuse to present any offers unless they are submitted on a legal contract. Additionally, some sellers may instruct their agents not to request any offers if the property is scheduled for auction, requiring all interested buyers to attend and submit their offers at that time.
The table below highlights the items typically found on Queensland offer forms, explains less obvious items, and lists what is frequently included in most offer forms.
| Details | Important to note | Frequency |
| Full names of the buyers | This must appear exactly as per your legal identification, including middle names. Names are required for each party who will hold legal ownership of the property | ✓ |
| Contact details of the buyers | Include the residential address (not P.O. Box), phone number, and email for each buyer | ✓ |
| Buyer’s proof of identity | Attach either the front or front and back of a government-recognized photo ID | |
| Address of the property being purchased | ✓ | |
| Offer price | Some forms ask for a starting offer with further negotiations to follow; others require a last and final offer with no further negotiation possibility | ✓ |
| Finance status | Provide details of an initial broker consultation or state that you have obtained pre-approval | |
| Initial deposit | Typically $1,000, $2,000, or $5,000 depending on the agency. This deposit is due either on the same day, within 24 hours from the contract date, or within 2 business days from the contract date. This sum is refundable if the buyer does not satisfy the conditions of sale | ✓ |
| Deposit method | Eftpos payment, bank transfer, cheque etc | |
| Balance deposit | Usually 5% or 10% of the purchase price. This is payable only if all conditions are satisfied, at which point the contract becomes unconditional. It is due within 24 to 72 hours from the unconditional date, depending on whether calendar days or business days are specified. This sum is not refundable if the buyer is unable to proceed to settlement; they may be liable for a percentage or the loss of the full balance deposit. | ✓ |
| Deposit method | Eftpos payment, bank transfer, cheque etc | |
| Conditions of sale | Subject to: Finance approval (anywhere from 7-21 days based on personal circumstance), Building and pest inspection (7-14 days depending on market conditions) | ✓ |
| Special conditions | Due diligence searches (14-21 days depending on time of the year), Disclosure statements, Sale of the buyer’s current property etc | ✓ |
| Any specific inclusions or exclusions | Fixtures, fittings, appliances, pool equipment etc | |
| Settlement date | This is the date on which the funds and keys are exchanged and the buyer becomes the new legal owner of the property | ✓ |
| Settlement special conditions | For example, a simultaneous settlement | |
| Multi offer scenario acknowledgement | A tick box acknowledging that there are other active offers present. Typically, this means that there are no further negotiations, and buyers must present their best and final offer. Please note that a tick box on an offer form does not meet the legal requirements; an executed REIQ ‘Acknowledgement of Multiple Offers – Buyer’ form must be provided by the agent to the buyer prior to presenting final offers to the seller | ✓ |
| Cooling-off waver | In Queensland, there is a 5-day cooling-off period allowing buyers to reconsider their decision after signing the contract. Some agencies will not accept contracts where buyers are unwilling to demonstrate their intent. Please note that a tick box for the cooling-off waiver on an offer form does not meet the legal requirements; an executed REIQ ‘Waiver/Shortening of Cooling Off Period by a Proposed Buyer’ form must be provided to the successful purchaser at the time of purchase contract execution | ✓ |
| Offer expiry | After this date, the offer is withdrawn | |
| Solicitor details | Present or yet to be appointed | |
| Signature | Signature of the buyer(s) and date of signing | |
| Name and details of the agent facilitating the sale | ||
| Seller’s acceptance | This might be in the form of a tick box and include a signature line. Please note that this does not create a legally binding contract. A fully executed REIQ ‘Contract for Houses and Residential Land’ is the only method of contract recognized in Queensland and becomes binding only once all parties have signed/initialled, the contract is dated, and copies are shared with both the buyer and the seller |
7. WHAT HAPPENS IF MY OFFER IS ACCEPTED
If your offer, also known as an Expression of Interest (EOI), has not yet been incorporated into the contract, this is the stage where it is transferred to a formal contract. Once all parties have signed or initialed the contract and it has been dated by the agency, copies are shared with both the buyer and the seller, as well as their representatives. This marks the contract as legally binding, and a series of steps will follow depending on the conditions agreed upon in the contract.
| IN ORDER OF IMPORTANCE | IMPORTANT TO NOTE | ARRANGED BY | ARRANGED WITH |
| Appoint a broker or direct lender | Since the finance condition is typically the longest, it’s crucial for the broker to open your file as soon as possible and start the process with your chosen lender to avoid delays. Experienced agents can recommend reputable brokers who can secure the best deal | You | Broker or their company or bank |
| Appoint a solicitor | Also known as a conveyancer, their skillsets vary widely as does the cost. Choose a professional who is knowledgeable, patient, and can explain legislation in simple terms. We can recommend a panel of excellent solicitors if needed | You or agency | Conveyancing firm |
| Initial deposit | The sum, due date, and account information can be found in the contract and will also be supplied by the agency administration team | You | Selling agency |
| Building and pest | The building and pest inspection (B&P) is often considered the most daunting condition for buyers. Given the seasonal demand, tradespeople usually have a backlog of 2-5 days, so it’s crucial to schedule the inspection as soon as you receive the executed contract or on the following business day. B&P companies face significant liability risks and can be sued for misrepresenting a property’s condition, leading them to structure their reports in a way that minimizes potential claims. As a result, it is uncommon for these reports to be entirely clear or positive. Phrases like “It is strongly recommended that a further inspection is undertaken by qualified person” or “Contact a licensed building contractor/qualified engineer to investigate” appear in nearly all reports, even for newly built properties. Due to the ambiguous nature of reporting in Queensland, it’s important to hire an inspector who is knowledgeable and can clearly explain any issues and the necessary rectification process, both physically and financially. We are always happy to recommend highly skilled inspectors whom we also engage for our personal transactions | You | Building and pest company |
| Subject to sale | This clause should be approached with caution, as it is typically accompanied by a Sunset clause, which has both advantages and disadvantages for buyers and sellers. Pros: The Sunset clause allows the buyer to terminate the contract if specific conditions – such as securing financing or selling their current home – are not met within a designated timeframe. This provision effectively eliminates risk for the buyer, ensuring that their deposit is refunded and also set’s a timeline ensuring sellers are not left waiting indefinitely. Cons: On the downside, many Sunset clauses permit the seller to accept a better offer from another buyer if it arises during the Sunset period. If this occurs, the original buyer must make their contract unconditional by a specified deadline (usually within 2-3 business days) or the contract is automatically terminated. This often requires the buyer to take out bridging finance or accept the risk and hope that everything will align with their finances by the settlement date. |
You | Your chosen real estate agent |
| Finance condition | Your broker or lender will provide an estimate of your borrowing capacity and mortgage repayments after the initial meeting. Once the fine tuning starts they will request 2-3 years of financial history, including income documentation from various sources, bank statements, credit history and liabilities. Check in weekly with your broker to ensure progress and address any required documents | You | Broker or bank and solicitor |
| Bank valuation | Not every property requires an onsite bank valuation; this is determined by your lender. Bank valuations often come in lower than the purchase price as they assess risk differently. If the valuation is significantly lower, it may affect your financing | Your broker and/or bank | Selling agent |
| Mortgage discharge | If you already own a property that is being sold, you need to execute a mortgage discharge form with your current lender to avoid settlement delays. There are no penalties if the settlement date is undecided or delayed | You | Current lender |
| Due diligence | In the current technology era, the once frequently used due diligence clause is becoming less popular. Most of the information typically covered in due diligence paid searches can now be accessed for free through external portals, with some data provided by the agency.
Scope of Investigations: Property title (ownership, encumbrances and/or caveats). Zoning and land use, Building compliance, Environmental concern, Financial aspects. |
Your solicitor | Local council and state government |
| Unconditional | This milestone indicates that all conditions have been satisfied, and you are now legally obligated to proceed with the purchase. At this stage, the non-refundable balance deposit is due to be paid | You and your solicitor | Selling agent and sellers’ solicitor |
| Balance deposit | The sum, due date and account information can be found on the contract and will also be supplied by the agency administration team in their initial correspondence | You | Selling agency |
| Pre-settlement inspection | While a pre-settlement inspection is not mandatory, it is available for buyers who wish to conduct one. This inspection takes place shortly before the settlement date and serves to confirm that the property remains in the same condition as when the contract was signed.
The inspection involves checking for any damage or changes that may have occurred since your last visit and ensuring that all items included in the sale are still present and in working order (if specified in the contract). It’s important to note that the property does not have to be vacant or clean at the time of the pre-settlement inspection. Sellers have until the last minute before the actual settlement to prepare the property for handover. Therefore, we recommend scheduling the inspection one to two days before settlement to best assess the property’s expected condition. If there are indications that the property may not be ready on time, contact your solicitor and request an additional inspection three hours prior to settlement. After this inspection, notify your solicitor whether to proceed or delay the settlement. Should you discover significant issues, such as damage or incomplete repairs, you have the option to delay settlement until the repairs are completed or request a reduction in the purchase price to address the identified problems. |
You | |
| Settlement | This is the moment when you kick back and wait for that magical call, message, or email that declares you officially a homeowner. Once you’ve received the good news, it’s time to collect the keys from the agent or agency and hopefully spend the next 24 hours grinning from ear to ear as you pace from one empty room to another,- planning your future | Your solicitor | Your bank and the sellers’ representatives |