As a real estate agent, your reputation is built on trust. Vendors trust you to present their property accurately. Buyers trust you to be upfront about what they're purchasing. And both parties expect you to know your stuff when it comes to the property's legal standing.
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Which TitleFinder product matches this check?
Use the article as a reference, then order the actual record below when you need evidence for a purchase, conveyancing file, council check or due-diligence review.
Current Title / State Lease
Start here to confirm the current registered owner, title reference and registered interests.
$74.50 · Order this document
Image of Survey Plan (SP/RP)
Add the plan if boundaries, lot layout, easements or strata/common property matter.
$85.90 · Order this document
Not sure which document fits? Start with the current title search, then add the plan or instrument if the title points to one.
That's why a pre-listing title search should be a non-negotiable part of your workflow. It takes minutes, costs very little, and can save you from embarrassing — or even legally problematic — situations down the track.
In this guide, we'll cover exactly what real estate agents should check on a title search before listing any Queensland property.
Why Should Agents Order a Title Search Before Listing?
Many agents rely on the vendor's solicitor or conveyancer to handle title matters during the contract phase. While that's part of the process, waiting until then means you could be marketing a property for weeks before discovering a deal-breaking issue.
Here's what a pre-listing title search helps you avoid:
- Marketing the wrong lot — Especially with subdivisions, it's easy to market land that doesn't match the actual title
- Ownership disputes — The person instructing you to sell may not be the registered owner
- Undisclosed encumbrances — Easements, covenants, or caveats that affect the property's value or usability
- Settlement delays — Issues discovered late in the process can cause settlement to fall through
- Compliance risks — Under Queensland's Property Occupations Act 2014, agents have obligations around disclosure and accuracy
A five-minute title search at the start of your listing process is the cheapest insurance you'll ever buy.
What to Check on the Title Search
1. Confirm the Registered Owner
This seems obvious, but it's the number one thing agents must verify. The name on the title must match the person (or entity) giving you authority to sell. Common discrepancies include:
- Deceased estates — The registered owner has passed away and the executor or administrator needs to be confirmed
- Company or trust ownership — The vendor may be an individual, but the property is held by a company or family trust
- Joint ownership — One party wants to sell, but the title shows joint tenants or tenants in common — all parties must consent
- Name changes — Marriage, divorce, or deed poll name changes may mean the vendor's current name doesn't match the title
If there's any mismatch, flag it with the vendor's solicitor before listing. You don't want to be halfway through a campaign only to discover you don't have proper authority to sell.
2. Review the Lot and Plan Description
The lot and plan number on the title is the property's official legal description. Cross-reference this with the address and any survey plans to ensure they align. This is particularly important for:
- Subdivided blocks where lot numbers may have changed
- Rural properties where the street address may not precisely correspond to the title description
- Strata and community title schemes where individual lots sit within a larger scheme
Getting this wrong can lead to incorrect contract documentation and potential legal liability.
3. Identify All Encumbrances
Encumbrances are interests or rights that third parties hold over the property. Common types include:
- Mortgages — Almost always present; discharged at settlement. Multiple mortgages may indicate financial stress.
- Easements — Rights for utilities, drainage, or access. These can significantly affect what a buyer can do with the land, particularly if they have development plans.
- Covenants — Building restrictions registered by a developer. Common in newer estates.
- Caveats — Claims by a third party. A caveat signals that someone believes they have an interest in the property. This must be addressed before settlement.
- Statutory charges — Unpaid rates, land tax, or other government charges registered against the title.
As an agent, knowing about encumbrances upfront allows you to address buyer questions confidently and disclose relevant information in your marketing materials.
4. Check for Caveats or Disputes
A caveat on a title is a red flag that needs immediate attention. It means someone has lodged a formal claim of interest in the property. Common reasons include:
- A former partner claiming a beneficial interest
- A builder claiming an unpaid debt secured against the property
- A beneficiary of an estate disputing the sale
- A purchaser protecting their interest under an existing contract
If a caveat exists, the vendor's solicitor needs to deal with it — ideally before you begin marketing. Selling a property with an active caveat creates uncertainty for buyers and can cause contracts to collapse.
5. Understand the Title Type
Not all titles are the same. In Queensland, you'll encounter:
- Freehold — The most common type. The owner holds the land outright.
- Leasehold — The land is leased from the state government, common in certain regional areas.
- Community title — Used for developments with shared facilities.
- Strata title — Used for units, townhouses, and apartments.
The title type affects everything from body corporate obligations to what the owner can actually do with the land. Make sure you're marketing the property accurately based on its title type.
How to Order a Pre-Listing Title Search
With TitleFinder, ordering a title search takes just a few minutes:
Go to TitleFinder.com.au
Search by property address or lot/plan number
Select the title search product you need
Receive the official document via email — usually within the hour
Many agents order title searches as a standard part of their listing kit, alongside comparable sales data, council searches, and marketing proposals.
Building a Better Listing Process
Incorporating a title search into your pre-listing checklist creates a more professional, transparent experience for your vendors and buyers. Here's a suggested workflow:
Initial vendor meeting — Collect property details and sign the listing authority
Order title search — Verify ownership, lot details, and encumbrances immediately
Review results — Flag any issues with the vendor and their solicitor
Prepare marketing — Use accurate lot/plan details and disclose relevant encumbrances
Go to market — With confidence that the property's legal position is clear
This approach reduces the risk of mid-campaign surprises and positions you as a thorough, professional agent.
Frequently Asked Questions
Should real estate agents order title searches, or is that the solicitor's job?
While the vendor's solicitor will conduct searches during the conveyancing process, agents benefit enormously from ordering a title search before listing. It helps you market accurately, answer buyer questions, and avoid surprises that could delay or derail a sale.
How often should I check the title during a campaign?
For most listings, a single title search at the start of the campaign is sufficient. However, if the campaign runs for several months or if you suspect changes (e.g., a new caveat being lodged), consider ordering an updated search.
Can I pass the cost of the title search to the vendor?
This depends on your agency's practices and the terms of your listing agreement. Many agents absorb the cost as part of their listing expenses, as it's a relatively small outlay that significantly improves their service offering.
What should I do if I find an issue on the title?
Raise it with the vendor and recommend they consult their solicitor immediately. Common issues like outdated mortgages or incorrect owner details can usually be resolved, but they take time — which is why early detection is so valuable.
Do I need a different type of search for strata or community title properties?
The standard title search will reveal whether a property is held under strata or community title and will list relevant encumbrances. For more detailed body corporate information, you may need to order additional searches specific to the scheme.
Make Title Searches Part of Your Listing Toolkit
Professional agents don't leave legal due diligence to chance. A pre-listing title search is fast, affordable, and gives you the information you need to represent your vendors and buyers with confidence.
*Disclaimer: This article is provided for general informational purposes only and does not constitute legal, financial, or professional advice. While every effort has been made to ensure accuracy, property laws and regulations may change. Always consult a qualified solicitor, conveyancer, or licensed professional before making property decisions. TitleFinder is a search service and does not provide legal advice.*