Understanding Requisitions on Title in Your Queensland Property Contract
Plain English Definition
"Requisitions on Title" means a formal series of written questions and demands sent by the buyer's solicitor to the seller, asking them to clarify or fix issues related to the property's legal ownership, boundaries, and history. In a standard Queensland property contract, this process historically allowed you to uncover hidden disputes or unregistered agreements so you could force the seller to resolve them before settlement. However, modern contracts heavily restrict this right, meaning you must rely on your own independent searches rather than expecting the seller to disclose everything.
The Danger Zone: Buyer's Risk
- Abolition of General Requisitions: Under the standard REIQ contract, the buyer's right to submit "general" requisitions has been removed, creating a massive buyer's risk where you can no longer rely on a standard checklist of questions to force seller disclosures.
- Strict Time Limits: If you need to submit specific requisitions about title defects, Queensland law and the contract dictate a very narrow window to do so, and missing this deadline means you completely waive your right to object.
- Unregistered Encumbrances: Failing to ask the right specific questions may leave you blind to unregistered agreements—such as an unrecorded sewer line or a neighbour's informal right of way—which you will be legally forced to honour after settlement.
- Statutory Notices and Council Orders: If you do not uncover and requisition the seller regarding outstanding local council work orders (like illegal retaining walls), you will inherit the legal liability and could face tens of thousands of dollars in mandatory repair costs.
- Limited Seller Obligations: The REIQ framework is largely "buyer beware," meaning the seller has no legal duty to volunteer negative information about the property unless you ask highly specific, legally valid questions before the requisition deadline expires.
- Settlement Delays and Termination: If a valid requisition uncovers a major defect (such as an incorrect boundary line), the seller may refuse or be unable to comply, potentially leading to lengthy settlement delays or the collapse of the entire transaction.
Real-Life Queensland Scenario
Wei, an overseas investor, and his daughter Sarah, a first-home buyer in Brisbane, purchased a house in Sunnybank using a standard REIQ contract. Relying solely on the real estate agent's assurances and unaware of the strict legal timeframes for Requisitions on Title, they failed to instruct their solicitor to submit specific questions about an unapproved extension at the back of the house. Because they missed the requisition deadline and didn't discover the local council's demolition order until after settlement, Wei and Sarah had to pay $45,000 out of pocket to tear down and rebuild the illegal structure. The lesson here is to always engage a Queensland property lawyer to conduct thorough searches and submit highly specific requisitions immediately after signing.