Home Buyers Rights After Settlement​ in QLD

You’ve just collected the keys to your new Queensland home. Three days later, you notice the air conditioner that was supposed to stay is gone, and there’s a crack in the bathroom wall that you’re certain wasn’t there at the final inspection. What now?

Settling on a property doesn’t mean your rights as a buyer disappear. Under Queensland law, you have specific protections if things aren’t as they should be – but knowing what you can (and can’t) do makes all the difference.

Key Insights

• You own it, but sellers still have obligations: Sellers must deliver the property in the agreed condition and disclose material defects under the Property Law Act 2023
• Document everything immediately: Photos and written records within 24-48 hours of settlement give you the strongest position
• You’ve got options, but act fast: Your rights depend on the contract terms, what was disclosed, and how quickly you raise issues
• Get professional help: A conveyancer Cairns or solicitor Cairns can give you further legal advice and point you in the right direction for litigation support.

Taking Possession: What You’re Actually Entitled To

Settlement means you now legally own the property. You’re entitled to full access, all keys (including garage remotes and security codes), and the property in the condition it was at contract signing (allowing for reasonable wear and tear).

If the seller hasn’t vacated by settlement or left personal belongings behind, you’re within your rights to have them removed. Most sellers do the right thing, but if you’re facing an occupied property or dumped items, contact your conveyancer immediately. You shouldn’t have to chase the previous owner yourself.

Buyers are entitled to a pre-settlement inspection (2-3 days before settlement) to ensure it’s in the same condition as when you signed the contract. It’s highly advised that you inspect the property and raise any concerns with your solicitor or conveyancer before settlement.

When Things Aren’t as Expected

The property should match what you agreed to buy. If fixtures listed in the contract are missing (dishwasher, light fittings, even the letterbox), or if there’s new damage that wasn’t present at your final inspection, you may have grounds to claim compensation.

Common post-settlement issues include:

• Appliances or fixtures removed that were included in the sale
• Damage to walls, floors, or surfaces from the seller’s move-out
• Rubbish or abandoned furniture
• Pool or air conditioning not working when they functioned at inspection

Document everything with timestamped photos. The sooner you report issues to your conveyancer, the stronger your position will be. Once settlement occurs, proving that the seller caused the problem becomes increasingly difficult with each passing day.

Your Rights Under Queensland’s 2025 Disclosure Laws

As of 1 August 2025, Queensland’s Property Law Act 2023 requires sellers to provide comprehensive disclosure before you sign anything. This includes building defects, unapproved structures, flood history, and outstanding body corporate issues.

If you discover after settlement that the seller failed to disclose something material (including structural repairs, council notices, or boundary disputes), you may have legal recourse even after the keys change hands. Material means information that would’ve changed your decision to buy or the price you’d pay.

The catch? You need to prove that the seller was aware of the issue and deliberately withheld it. This is where having abuyers’ conveyancer during the purchase helps. They can identify red flags in disclosure documents before you commit.

Bills, Rates, and Ongoing Costs

From settlement day, you’re responsible for all property costs: council rates, water charges, body corporate levies (if applicable), and insurance. The seller must’ve paid everything up to and including settlement day.

Check your settlement statement carefully. If you receive a bill for a period before you owned the property, your conveyancer can assist in resolving it. These adjustments should’ve been calculated at settlement, so any outstanding seller obligations need to be sorted quickly.

What About Defects You Didn’t Know About?

Building and pest inspections happen before you sign, but some problems only become apparent after you move in. Plumbing issues, electrical faults, or termite damage discovered post-settlement create a grey area.

Your options depend on whether the seller disclosed the defect. If they hid it or misrepresented the property’s condition, you might have a claim. If they genuinely didn’t know about it, or if it’s something your inspector should’ve found, your options narrow considerably.

Need Help Sorting a Post-Settlement Issue?

Most settlement issues can be resolved quickly when you’ve got experienced legal support. Whether it’s missing fixtures, undisclosed defects, or disputes about the property’s condition, acting within the first few days gives you the best chance of a fair outcome.

If you’re dealing with problems after settlement, we can review your contract, assess your legal position, and handle negotiations with the seller’s side. Call us on 4052 0780 orget in touch for straightforward advice on your situation.

Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. For guidance tailored to your specific circumstances, please consult a qualified legal representative.