Frequently Asked Questions

Ask us about your matter

Find answers for your matter.

Start with General queries, or choose your matter below. Open a question to read the answer. These are general starting points; your documents and circumstances can change the advice you need.

General queries

  • When should I get in touch?

    Before signing, if you can. That gives us the chance to look at the documents and discuss your plans. Already signed? Send the contract date and any upcoming dates so we can consider the next step.

  • What should I include in my first enquiry?

    A few useful details are plenty: the type of matter, property or transaction, whether anything has been signed and the dates you are working towards. Leave identification and bank details out of the website form; we will explain how to provide documents when needed.

  • Will I know the fee before we begin?

    Yes — we will talk through the work and provide the proposed fee and scope before you decide. Our Pricing page shows selected routine fees. Searches, government charges and other outlays may be separate, so check the complete quote.

  • What if I do not know which service I need?

    Tell us the story in your own words. You do not need to identify the legal category first. We can help work out the appropriate starting point and whether the matter is within our scope.

  • Can we meet remotely?

    Many matters can be handled by email, phone or a video appointment. For guarantee advice, we also check the financier’s requirements for the appointment and physical or electronic signing. An in-person appointment may be the right fit for some documents.

  • What if a deadline is close?

    Please call 0489 904 910 and tell us the date clearly. We will confirm whether we can assist. Sending an enquiry alone does not mean we are acting or looking after that deadline.

  • Can I use the forms and guides without being a client?

    Public resources are available as general information. Check the form’s current version and purpose. For advice about using it in your matter, contact our office .

Residential conveyancing

  • Can you prepare a special condition for my contract?

    Yes, within an agreed engagement. Explain the outcome you need and the timing. We can consider the contract and prepare wording for the circumstances. Our guide to common requests helps you frame the question.

  • Does the seller disclosure pack replace my own checks?

    No. A disclosure pack is an important starting point, but it does not answer every question about the property. Building condition, lawful use, flood exposure, finance and other investigations may need separate attention. Tell us what you plan to do with the property so we can discuss the appropriate searches and contract conditions.

  • Can you help before I sign an off-the-plan contract?

    Yes — we can discuss a review of the proposed contract and disclosure material within an agreed scope. Plans, developer variation rights, completion provisions, deposits and termination terms deserve careful attention. Send the full pack and any signing deadline; we will confirm whether we can assist before you commit.

Off the Plan

Buying a future home comes with a different set of questions. These starting points help you prepare for a project-specific contract review.
What documents should I review before signing?

Start with the full contract, disclosure documents, plans, specifications and inclusions. For a proposed community-title lot, include the proposed community management statement and body corporate information. The documents required for proposed land and community-title lots differ. Established-property seller disclosure is not a substitute for checking the applicable off-the-plan requirements.

Can the plans, dimensions or inclusions change?

Check the contract’s variation rights and the applicable disclosure rules. Ask what can change, what notice must be given and what remedies may be available. Do not assume every change gives a right to end the contract.

What if the project is delayed or a sunset date is reached?

Review the completion milestones, extension rights and sunset provisions together. The contract and applicable legislation determine what each party can do. Rules for proposed land and community-title lots differ, so a sunset date is not automatically a right for either party to cancel.

What if my finance or valuation changes?

Discuss the risk before signing, especially where settlement may be some time away. Check whether the contract has a finance condition and what it actually protects. A reduced valuation or changed borrowing position does not necessarily release you from the contract.

When will I have to settle?

The contract sets the settlement triggers and notice period. Check the requirements for registration, completion and any settlement notice, and coordinate early with your lender. Do not rely only on an estimated completion date in marketing material.

What happens to my deposit?

Check who holds the deposit, when it may be released, any alternative security arrangements and what happens if the contract ends. The answer depends on the documents and applicable law.

How are inspections and defects dealt with?

Review any inspection process, how defects are recorded and the obligations to remedy them. An unresolved defect does not necessarily let you delay settlement, so get advice before deciding not to complete.

What body corporate arrangements should I check?

For a proposed community-title lot, review the proposed community management statement, by-laws, lot entitlements, budget and any proposed management or service arrangements. Ask how these may affect the use of your lot and ongoing costs.

Commercial conveyancing

  • Do commercial sales need seller disclosure too?

    The Queensland seller disclosure scheme can apply to freehold commercial sales as well as homes. The property and any statutory exception must be checked. Do not assume that a commercial contract or experienced buyer removes the need for disclosure. Ask about the preparation and delivery requirements before the buyer signs.

  • What makes Bolck Law’s commercial property support personal?

    You work directly with a solicitor who takes time to understand the property and what you want to achieve. We connect the contract, tenancy and transaction issues with your plans, explain the important decisions in plain English, and confirm the agreed work and fees before proceeding.

  • What should I investigate before buying a commercial property?

    Start with what you intend to do with the property. Title interests, access, lawful use, approvals, leases and body corporate records may need attention. Building condition, contamination, valuation and commercial viability can require specialist investigations alongside the legal work. Form 2 is not a complete investigation. We discuss the agreed searches and any due-diligence condition before you commit.

  • What matters if the property already has a tenant?

    The lease deserves its own review. Relevant terms can include the remaining term and options, rent reviews, incentives, arrears, outgoings, repairs, guarantees, security and variations. The advertised return is only part of the picture. We can discuss the lease investigation and any notices, security transfers or settlement adjustments within the agreed scope.

  • When should I consider GST, finance and settlement costs?

    Early, preferably before signing. The contract should make the intended GST treatment clear, and your accountant and solicitor should coordinate the advice. A label such as “going concern” does not itself establish eligibility. Allow for duty, searches, outlays and adjustments as well as the price and legal fee. Finance, due diligence and settlement are separate milestones; tell us promptly if a lender or report is running late.

SMSF property conveyancing

  • Is a market valuation enough for an SMSF purchase?

    A valuation can support the value assessment, but it does not make an otherwise prohibited acquisition permissible. Related-party acquisition restrictions and arm’s-length rules need separate consideration. Bring your accountant, auditor and any other relevant adviser into the conversation before the structure and contract are settled.

Manufactured homes

  • Is buying a manufactured home the same as buying a house and land?

    The home purchase and the arrangement to occupy the park site are distinct. Both sets of documents matter. Our Manufactured Homes page explains the starting point and links current official forms.

  • Can you help real estate agents with manufactured-home sales?

    We work with a number of agents on preparing compliant manufactured-home sale agreements. We can discuss the documents, timeframes and liaison with the park owner for required disclosure material. Enquire if you would like to talk about working together; the work and responsibilities are confirmed for the particular transaction.

Property transfers and title changes

  • Does a gift of property mean there is no transfer duty?

    Not automatically. A transfer for no payment can still attract duty by reference to the property’s value. Concessions or exemptions depend on the actual circumstances and documents. Tell us the reason for the transfer and the proposed ownership, and obtain advice before assuming a particular duty outcome.

Guarantee advice / Independent legal advice

  • What happens during guarantee advice?

    We receive the complete loan and guarantee documents, confirm signing requirements with the financier and review the documents. You receive written advice before the appointment. We then talk through the advice, answer your questions, confirm your understanding and facilitate signing if you decide to proceed.

  • Do I need independent legal advice if I am not giving a guarantee?

    Sometimes a financier requests independent advice from a borrower or a person providing security, rather than a guarantor. Send the full documents and the financier’s requirements so we can check your role, independence and conflicts, then confirm the advice and certificate work required. Financial suitability and the commercial merits may need separate financial advice.

Retirement living and other transactions

  • What should I send for a retirement-village contract review?

    Send the proposed contract and the full supporting document pack, together with any signing deadline and your questions. Tell us about the accommodation and arrangements you are considering. We can then assess whether we can assist and confirm the review scope and fee before you commit.

  • Can you review reverse-mortgage documents?

    Send the full lender documents, any independent-advice certificate requirements and the dates you have been given. We can assess the legal review or advice required and whether we can act independently. Advice on financial suitability, benefits or pension consequences may require other advisers. The engagement and lender requirements determine the work and signing arrangements.

Leasing and property law

  • When should I seek advice about a proposed lease?

    Ideally before you sign a lease or binding agreement. Send the proposed lease, heads of agreement, disclosure material and deadlines, and tell us about the premises and intended use. We can discuss the legal review and any negotiation work required; do not assume a deadline is being managed until we confirm the engagement.

  • What does a lease review need to consider?

    The review scope depends on the proposed lease and circumstances. Relevant questions can include rent and reviews, outgoings, permitted use, term and options, security, repairs, fitout and end-of-lease obligations. Retail-shop leases need the applicable disclosure and statutory position checked. Your engagement confirms the work and any other advice required.

Probate and estate administration

  • Is estate administration the same as obtaining probate?

    An application for a court grant is one possible part of estate administration. The documents, assets and circumstances determine whether a grant is required and which application may be appropriate. Provide the original Will information, death-certificate information and details of the assets so the next steps can be assessed. We do not assume every estate needs the same application.

  • What should an executor or family member have ready?

    Start with the Will and any codicils, death-certificate information, details of the executors and a broad picture of the assets and liabilities. Tell us about any approaching dates or concerns. We can confirm what further documents are required and the scope of assistance; avoid sending identity or bank documents through the website enquiry form.

Wills and estate planning

  • Why consider a Will and an enduring power of attorney separately?

    They address different needs. A Will sets out instructions for your estate after death; an enduring power of attorney concerns decision-making during your lifetime within its terms and the applicable law. We discuss your circumstances and the documents appropriate to them, including any health decision-making arrangements that need consideration.

  • What should I think about before an estate-planning appointment?

    Think about your family, assets, existing documents, who you trust to act for you and the outcomes that matter. Tell us about companies, trusts, superannuation or other arrangements that may need coordinated advice. The appointment and engagement determine which documents and issues will be covered.

Queries for agents

  • Where can an agent find help with special conditions?

    Our Legal Guides page sets out common requests and the questions a clause needs to address. We can discuss bespoke wording for the property, contract and parties within an agreed engagement. A clause that worked in another sale may not achieve the same result in yours.