When it comes to selling property in Queensland, the contract of sale is an important legal document that requires certain formalities to be complied with. One of these formalities is the requirement for a witness to sign the contract. In this article, we will explore who can witness a contract of sale in Queensland.

Under the Queensland Property Law Act 1974, a contract of sale must be witnessed by a person who is over the age of 18, not a party to the contract, and is not a family member of any of the parties to the contract. This means that the witness cannot be a spouse, de facto partner, parent, child, sibling, or anyone else related by blood or marriage to any of the parties.

The witness must also be capable of understanding the nature and effect of the document being witnessed and must sign in the presence of the parties to the contract. It is important to note that the witness does not need to be a lawyer or justice of the peace, although these professionals can act as witnesses if needed.

It is also worth noting that the witness requirement applies to all contracts of sale, including those for the sale of land, houses, units, commercial properties, and businesses. Failure to comply with this requirement may affect the validity and enforceability of the contract.

In addition to these requirements, there are also certain circumstances where special rules apply. For example, if one of the parties to the contract is blind, illiterate, or unable to sign their name, the witness must certify that they have read the contract to the party and that they have signed it in the party’s presence.

Furthermore, if the contract of sale is executed overseas, the witness must be a notary public, commissioner for declarations, justice of the peace, or any other person authorised to witness the execution of documents under the laws of that country.

In conclusion, a contract of sale in Queensland must be witnessed by a person over the age of 18, who is not a party to the contract, and not a family member of any of the parties. The witness must be capable of understanding the nature and effect of the document being witnessed and must sign in the presence of the parties. Legal professionals, such as lawyers and justices of the peace, can act as witnesses if required. If you are unsure about who can witness your contract of sale, it is recommended to seek legal advice to ensure compliance with the relevant laws and regulations.