08 Jul Understanding Queensland’s New Seller Disclosure Framework
From 1 August 2025, Queensland introduces a mandatory seller disclosure regime that applies to all residential and commercial property sales except off-the-plan purchases. The reform introduces a standardized framework designed to enhance transparency and support informed decision-making.
What Sellers Must Provide?
1. a completed and signed Form 2 Seller Disclosure Statement; and
2. all prescribed certificates relevant to the property.
The real estate professionals are permitted to prepare and exchange the disclosure documents on behalf of their client (the seller). The seller must sign the disclosure statement before the buyer signed the contract. While it is not mandatory for the buyer to sign the statement, it is best practice for them to do so to confirm receipt.
What Must Be Disclosed?
The Form 2 Seller Disclosure Statement sets out a comprehensive list of matters that a seller must disclose in relation to the property. Key disclosures include:
- Basic property details (e.g. seller name, address, lot and plan);
- Any unregistered or statutory encumbrances;
- Existing tenancy arrangements;
- Zoning and planning information;
- Environmental notices, transport infrastructure proposals, and heritage listings;
- Pool safety status and unapproved building work;
- Rates and water usage charges;
- Body corporate information such as the community management statement and levies (if applicable).
The prescribed certificates are supporting documents that verify the information contained in Form 2, including:
- A current title search and registered survey plan;
- Relevant government notices (e.g. show cause, environmental, or planning notices);
- A pool safety certificate or a notice stating that no certificate is in effect;
- a body corporate certificate and the recorded community management statement (if community titles schemes).
What are the exceptions?
Section 100 of the Property Law Act 2023 (Qld) provides some limited circumstances where sellers do not need to give a disclosure statement to buyers:
- where the buyer is the Government, a statutory body, a listed corporation, or a subsidiary of a listed corporation;
- If an option agreement is entered into before 1 August 2025, then, pursuant to section 251(2) of the PLA;
- in high-value transactions exceeding $10 million (GST inclusive), where the buyer provides a notice in writing waiving compliance with the seller disclosure regime before the contract is signed;
- to give effect to a court order or enforcement warrant;
- in family law transfers pursuant to a binding financial agreement;
- where property is transferred after the owner’s death to a beneficiary of the estate, or pursuant to a court order arising from a family provision claim;
- in certain related party transfers (as defined by section 96 of the PLA), where the buyer provides a notice waiving compliance with the seller disclosure regime;
- where there is a transfer between co-owners to change their interest in the property;
- where there is a transfer to adjust a common boundary or address an encroachment by an adjoining owner; and
- where land that has been compulsorily acquired is sold back to the former owner pursuant to section 41 of the Acquisition of Land Act 1967 (Qld).
What Implications for Buyers?
The buyer may be entitled to terminate a contract of sale any time before settlement if the required disclosure documents are not provided, or if they contain a material error or omission that would have influenced their decision to proceed.
However, buyers should note the disclosure statement does not cover everything. Buyers remain responsible for carrying out their own due diligence, such as building inspections, flood searches, and planning investigations.
What Implications for Sellers?
For sellers, compliance involves ensuring that disclosure is accurate, complete, and provided before the buyer signs the contract. Although there is no express obligation to update the disclosure once issued, sellers should remain alert to any new material matters that arise prior to contract and are unlikely to be resolved by settlement. Where new material matters arise, it may be prudent for the seller to disclose them, as failure to do so could give rise to termination rights under the contract.
Contact us today to discuss how the seller disclosure regime affects your property transaction and ensure you’re fully prepared for these landmark changes to Queensland property law.
This article provides general information only and should not be relied upon as legal advice. The seller disclosure regime involves complex legal obligations that require professional assessment based on your specific circumstances. For tailored advice about your property transaction, contact Auslaw Future’s property law team.
This article was written by Irene Zhu.