NEW SELLER DISCLOSURE LAWS
From 1 August 2025, new disclosure obligations will apply to all freehold property sales in Queensland, including houses, units, commercial properties, and vacant land. The scheme is designed to improve transparency and promote informed decision-making in property transactions.
Under the Property Law Act 2023, sellers must provide buyers with a Form 2 – Seller Disclosure Statement and the required prescribed certificates such as a title search, zoning details, environmental notices and a body corporate certificate (if relevant).
This brings Queensland in line with other states, such as Victoria with its Section 32 and will give greater comfort to interstate buyers.
The buyer must receive the disclosure documents before they sign the contract. For auctions, the documents must be provided or made available before the fall of the hammer.
If the disclosure statement or prescribed certificate is missing or it is incomplete or incorrect — and it affects something important the buyer didn’t know — the buyer may be able to cancel the contract at any time before settlement. There may also be other legal remedies available depending on the information.
The Seller Disclosure Guide from the Department of Justice contains information about:
- What must be disclosed
- How to prepare and deliver documents
- Key risks and exceptions
- Step-by-step checklist
It is recommended that on deciding to sell, get your documents organised through your conveyancer before you begin the sale campaign so there is no delay in going to contract, and no surprise contract cancellations as a result of incorrect information.