The question of whether a Deed of Rescission is required in QLD really is an extension of whether an amendment to the contract, if made, could be seen to be a transfer of an interest.
An example of where a Deed of Rescission would be required would be where a buyer, following advice from an accountant for example, decides to instead purchase the property in a company name rather than personally (as noted on the contract). Simply amending the contract, changing the name to reflect this, would trigger the implementation of transfer duty a second time as there has been a transfer of interest from one entity to another (the individual to the company).
Where however the amendment is simply to rectify an error (For example a misspelt name or missing a middle name), no Deed of Rescission would be required.
We are dedicated to making conveyancing as seamless and stress-free as possible and would provide advice and guidance in light of the individual circumstances when they arise.
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