What is the seller disclosure regime in Queensland?
Introduced under the Property Law Act 2023, the new statutory regime requires that a seller must provide a buyer with:
It applies to all sales of freehold properties with exception for off the plan sales.
When does seller disclosure commence?
All contracts executed from 1 August 2025 will require the seller’s disclosure to be completed and provided to the buyer. If you are thinking of listing your property after 30 June 2025, we recommend that the seller’s disclosure be prepared rather than take any risk if the property was on the market for longer than four weeks.
There are two key parts that make up the seller disclosure statement. The first is the Form 2, a prescribed form, that is completed by the seller. The second part attaches searches based on the answers on the form. The disclosure is separated into more than 5 segments:
1. Seller and property details
2. Titles, encumbrances and tenancy or rooming accommodation
3. Land use, planning and environment
4. Buildings and structures
5. Rates and Services
6. Community titles scheme and BUGTA schemes
7. Attached prescribed certificates
While agents can help with this process, it is important that sellers and buyers seek independent legal advice when preparing and reviewing this document.
A prescribed certificate under the regime refers to the searches, notices and documents related to the property and the answers contained in the Form 2.
The below should be included
The searches can be obtained through the relevant authority directly (eg, councils or State departments) or through search providers. The cost for searches will depend on the number of lots being sold and whether the property is part of a community titles scheme.
We expect that costs for searches would start at around $1,000 but would generally be in the thousands.
Yes, the Form 2 can be signed electronically providing there is consent from the client.
While an agent can sign the disclosure statement on behalf of a seller, we recommend that our agents do not sign the disclosure statement.
The buyer of the property has rights to terminate the sales contract at any time prior to settlement in two situations:
To help reduce these risks, you may be asked to review the initial disclosure statement prior to any offers being presented.
If either of these occur, the purchaser is entitled to a refund of their full deposit.
Both the seller and agent may be sued if the purchaser experiences loss due to a mistake in the statement. To minimise this risk, we recommend you engage a solicitor or conveyancer to prepare the disclosure statement.
If you are selling your home via auction, the seller disclosure statement still needs to be provided. Your agent will ensure that all registered bidders receive the disclosure statement prior to the auction commencing as well as having a copy on display.
For most real estate transactions the seller disclosure will be required to be completed. Some examples of when an exemption may apply include:
While it’s not mandatory for a purchaser to sign the disclosure, there is a section of the disclosure statement where the purchaser can sign to acknowledge receipt. Your agent should either request written confirmation that the purchaser has received the disclosure statement or request that the purchaser return a signed copy of the disclosure statement prior to signing the sale contract to rely on as evidence that the disclosure laws have been complied with.
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The information outlined in this document:
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