Can minors buy property?

View All Articles

Before you are 18 years old, you cannot drink alcohol or vote in public elections. But does the law allow you to buy residential or commercial real estate?

Signing a Contract under-aged

In Queensland, the Property Law Act 1974 (Qld) provides that a buyer of property in Queensland is presumed to be –

  • At least 18 years old; or
  • If not at least 18 years old, to have the capacity to buy and sell property;

until it is proven differently.
This means that it is possible for a minor to sign a contract to purchase land in Queensland. However, if a minor did sign a contract for the purchase of land, they are still going to need to obtain a transfer of the land to them at settlement, with the Queensland Land Titles Office.

Obtaining a Transfer of Land at the Land Titles Office under-aged

Despite that it may be possible to sign a contract to purchase land as a minor, the Land Act 1994 (Qld) prohibits minors from being eligible to apply for, buy or hold land in Queensland.
This means that a minor cannot obtain a transfer of land into their name until they turn 18 years old.

So, what can you do?

It is possible for a minor to sign a contract to purchase land. However, settlement must not occur until they turn 18 years old, to ensure that they can properly take legal title to the property after settlement at the Queensland Land Titles Office.
If you are looking to buy property and are under 18 years old, we strongly advise you to obtain legal advice before doing so.
Our team of Property Lawyers can assist you if you have any questions relating to minors looking to buy property.

Don’t hesitate to contact our team today with any questions relating the above or any Property law questions in general.

The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, FC Lawyers cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. FC Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. FC Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.