With the introduction of the new Seller Disclosure regime under the Property Law Act 2023, every seller in Queensland must now provide a detailed and legally compliant Seller’s Disclosure Statement before a buyer signs the contract.
This document is not a formality. It is a statutory requirement, and the law gives buyers significant rights if the disclosure is incomplete, incorrect, or not properly supported by the required documents.
While real estate agents play a critical role in marketing and negotiating your sale, the Seller’s Disclosure Statement is a legal document and preparing it correctly requires legal expertise.
Here are 10 key reasons why Queensland sellers should always engage a lawyer to prepare their Seller’s Disclosure Statement.
1. Lawyers understand Queensland’s strict disclosure laws
The Seller Disclosure regime is detailed, technical, and prescriptive. A lawyer ensures your Form 2 complies with the Property Law Act 2023 and the Property Law Regulation 2024. Disclosure errors can give buyers rights to terminate. Correct legal interpretation prevents that outcome.
2. Lawyers protect sellers from liability
By law, the seller is responsible for the accuracy of the disclosure.
If something is missed or incorrectly stated, the seller bears the legal and financial consequences.
A lawyer ensures the disclosure is accurate, complete, and defensible if challenged.
3. Lawyers know what must be disclosed and what should not be
Some matters are mandatory.
Some are optional.
Some, if disclosed incorrectly or unnecessarily, can create issues that never needed to arise.
Lawyers understand how to disclose in a way that is precise, clear, and legally compliant without overstating or understating important information.
4. Lawyers identify missing approvals and compliance issues early
Many Queensland properties have unapproved improvements, lapsed permits, or missing certifications.
A lawyer reviews:
- title searches
- survey plans
- building approvals
- zoning and planning information
- easements and encumbrances
- infrastructure impacts
Identifying these matters early avoids contract disputes later.
5. Lawyers reduce the risk of contract termination
Under the new legislation, a buyer can potentially terminate the contract at any time before settlement if the disclosure is non-compliant.
A lawyer-prepared disclosure statement significantly reduces this risk, helping the contract progress smoothly to settlement.
6. Lawyers ensure all required documents are attached and consistent
The Form 2 must be accompanied by supporting certificates and search documents.
A lawyer ensures:
- the correct documents are attached
- no required document is missing
- the information in the attachments matches the disclosure
- the disclosure and contract do not contradict each other
This protects the validity of the contract.
7. Lawyers are trained to handle complex land issues
Complexities such as easements, access rights, infrastructure corridors, covenants, layered schemes, body corporate obligations, or rural overlays require legal interpretation.
A lawyer can explain these issues clearly so you understand how they affect your rights and responsibilities and ensure they are disclosed properly.
8. Lawyers provide independent, legally binding advice
Your lawyer’s only role is to protect your legal interests.
This includes advising you on:
- what must be disclosed
- the legal effect of any encumbrance
- your ongoing obligation to update disclosure
- your potential liability if disclosure is incorrect
You receive clear, independent guidance based on legislation, not commercial considerations.
9. Lawyers ensure your contract and disclosure documents align
One of the most common causes of disputes is inconsistency between the Contract and the disclosure documents.
A lawyer reviews both to ensure:
- all encumbrances appear in both
- disclosures match the attachments
- dates, details, and statements are consistent
- nothing has been omitted
This alignment reduces buyer objections and strengthens contract stability.
10. Lawyers reduce the risk of post-settlement disputes
Even after settlement, unclear or incorrect disclosure can lead to claims, complaints, or legal disputes.
A professionally prepared and properly signed disclosure statement gives you long-term protection.
Why Engage A.L.F. Lawyers for Your Seller Disclosure
A.L.F. Lawyers specialises in Queensland property law and provides:
- accurate, compliant Seller’s Disclosure Statements
- identification of risks before the property goes to market
- guidance on what must be disclosed under the legislation
- consistency between Form 2, searches, and the contract
- clear legal advice on your responsibilities and risk exposure
Selling a property is one of the most significant financial transactions you will undertake. The disclosure process is now a legal obligation and it should be completed by legal professionals.
If you would like us to prepare your Seller’s Disclosure Statement or review a draft prepared by your agent, we are here to help.
