How do I sell my property privately in Queensland?

You do not need a real estate agent to sell a house in Queensland. What you do need is a properly prepared contract, the seller disclosure statement given before the buyer signs, a trust account to hold the deposit, and someone watching the contract dates. Selling privately saves the commission — on a $900,000 Sunshine Coast sale that is often $20,000 or more — but it moves the marketing, negotiating and paperwork onto you.

Written by Michael Klein, Legal Practice Director, admitted 2003 · General information about Queensland law · Last reviewed 2026

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What you save, and what you take on

Agent commission in South East Queensland typically runs between 2% and 3% plus GST, and a marketing package on top. Selling privately removes that, and our fixed conveyancing fee for a sale is $990 including GST whether an agent is involved or not.

In exchange you take on the jobs an agent normally does: setting the price, photographing and listing the property, fielding enquiries, running inspections, qualifying buyers, negotiating the price and conditions, and keeping the process moving once the contract is signed.

  • You control the price, the buyers you deal with and the timing
  • No commission, but you pay for your own listing and photography
  • You must be available for calls and inspections, including weekends
  • You have no agent screening out unqualified or non-committal buyers

Step 1 — Price it on evidence, not hope

Overpricing is the main reason private sales stall. Use recent comparable sales in your street and suburb rather than asking prices, and adjust for land size, condition, aspect and any body corporate levies.

You can order an independent valuation, or ask two or three local agents for an appraisal. If a listing sits without offers for four to six weeks, the market is telling you the price, not the marketing, is wrong.

Step 2 — Market it

The major portals do not take listings directly from owners, so private sellers usually list through a for-sale-by-owner service that posts to realestate.com.au and Domain for a flat fee. Add a signboard, good daylight photography and a floor plan.

Be straight in the listing about what is included — the chattels you name in the contract must actually stay, and disputes about a dishwasher or pool robot at settlement are common and avoidable.

Step 3 — Give the seller disclosure statement before the buyer signs

Since 1 August 2025 Queensland sellers of freehold residential property must give the buyer a seller disclosure statement (Form 2) and the prescribed certificates before the buyer signs the contract. This applies to private sales just as it does to agent sales — there is no agent to prepare it for you.

The statement covers title details, encumbrances, rates and water, whether the property is affected by unregistered notices, building or pest orders, and for units the body corporate certificate and community management statement. Get it wrong or give it late and the buyer may be able to terminate the contract at any time before settlement.

  • Title search and registered plan
  • Body corporate certificate and community management statement, for lots in a scheme
  • Any pool safety certificate or notice of no pool safety certificate
  • Notices about building work, tree orders, transport or contaminated land where they apply
  • Rates and water notices for the current period

Step 4 — Use the right contract, prepared properly

Use the current REIQ Contract for Houses and Residential Land, or the Residential Lots in a Community Titles Scheme contract for units and townhouses. Do not write your own, and do not reuse an old contract you have from a previous sale.

The reference schedule is where private sales go wrong: seller and buyer full legal names, the lot and plan description, price, deposit amount and when it is payable, settlement date, finance date and amount, building and pest date, and the chattels included and excluded. We prepare or check all of this for you before it goes to a buyer.

Step 5 — Hold the deposit correctly

You cannot take the deposit into your own bank account. Without an agent, the deposit is held in your solicitor's trust account as stakeholder until settlement, and the contract must name the deposit holder. A deposit of 5% is standard; 10% is common on higher-value sales.

The deposit is released to you at settlement, not before, and if the buyer lawfully terminates during cooling-off you must refund it less the 0.25% penalty the Act allows.

Step 6 — Cooling-off, conditions and settlement

The buyer has a five business day cooling-off period from receiving a copy of the signed contract, and can terminate in that time for any reason, forfeiting 0.25% of the price. Cooling-off does not apply to auction purchases.

After that the contract runs to its dates: finance approval, building and pest, then settlement — usually 30 days from contract, though 21, 42 and 60 days are all common. We diarise every date, deal with the buyer's solicitor, prepare the settlement statement and adjustments, coordinate your bank's release of the mortgage and attend electronic settlement through PEXA.

When selling privately is a bad idea

Private sale suits a seller with time, a straightforward property and a realistic price — and it works especially well where you already have a buyer, such as a family member, neighbour, tenant or business partner. In that situation there is nothing for an agent to do and the commission is pure cost.

  • You are selling as executor and need a demonstrably arm's-length price for the beneficiaries
  • The property is unusual, rural or hard to value and needs an agent's buyer database
  • You are selling under pressure — divorce, mortgagee action or a deadline
  • You cannot be contactable for enquiries and inspections

How we help private sellers

We act on the same $990 including GST fixed fee as any other sale. We prepare the seller disclosure statement and the contract, hold the deposit in trust, advise you on any offer or counter-offer before you sign, manage every contract date, and settle the matter electronically. You handle the marketing and the buyer; we handle the law.

Private property sale questions

Is it legal to sell a house without a real estate agent in Queensland?

Yes. There is no requirement to use an agent to sell your own property in Queensland. You must still comply with the seller disclosure obligations, use a proper contract, and have the deposit held by an authorised stakeholder such as your solicitor's trust account.

How much does it cost to sell privately?

Our fixed conveyancing fee for a sale is $990 including GST. On top of that you pay for your own marketing — a flat-fee portal listing, photography and a signboard usually total a few hundred to around two thousand dollars — plus your bank's mortgage discharge fee and the usual settlement disbursements. You save the agent's commission entirely.

Who holds the deposit if there is no agent?

Your solicitor holds it in their trust account as stakeholder, and the contract must name them as the deposit holder. Never take a deposit into your personal account — it puts the contract and the money at risk.

Do I still have to give a seller disclosure statement?

Yes. Since 1 August 2025 nearly all sellers of freehold residential property in Queensland must give the buyer a Form 2 seller disclosure statement and the prescribed certificates before the buyer signs. A late or incomplete statement can give the buyer a right to terminate at any time up to settlement.

Can I use the REIQ contract if I am not an agent?

Yes. The standard REIQ contract is the right document for a private residential sale, and we prepare and populate it for you. We do not recommend drafting your own or reusing an old one — the schedule details and the disclosure attachments are where private sales come unstuck.

I already have a buyer — do I need anything else?

No agent, no marketing, and often no negotiation. You need the disclosure statement, a properly completed contract, and a solicitor to hold the deposit and settle it. This is the cheapest and simplest sale there is, and it is very common between family members, neighbours and tenants.

Can the buyer still get finance and a building and pest inspection?

Yes, and most private buyers will want both. Those are conditions written into the contract with their own dates, and they operate the same way whether or not an agent was involved. We monitor each date and deal with the buyer's solicitor on extensions or requests.

What if I sell privately after my agent listing expires?

Check the agency agreement. Many contain a continuing commission entitlement where the buyer was introduced by the agent during the appointment period, which can survive the listing ending. Send us the agreement before you sign anything with that buyer.

This guide is general information about Queensland law, current at the time of writing. It is not legal advice and does not take your circumstances into account. Call Coastside Law on 0488 340 853 for advice on your own matter.

Next steps

Where to go from here if this is your situation.

  1. 1Fixed-fee conveyancingBuying or selling on the Sunshine Coast — $990 to sell, $1,499 to buy, both incl. GST.See how we help
  2. 2Check the fixed feeExactly what our conveyancing costs, what is included, and what the third-party disbursements are.View our fees
  3. 3Talk it throughA short, no-obligation conversation with a lawyer at our Golden Beach office.Request a consultationCall 0488 340 853

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