ConveyancingWhat the New Queensland Seller Disclosure Statement Means for You

From 1 August 2025, property transactions in Queensland will change significantly.

Under the Property Law Act 2023 (Qld), sellers of residential, vacant, and certain other prescribed property types must give a buyer a compliant Form 2 Seller’s Disclosure Statement and prescribed certificates before the buyer signs a contract.

This replaces the previous “buyer beware” approach and is designed to improve transparency and reduce disputes.

For Sellers

1. What must be disclosed
   The Form 2 must contain prescribed information, including title particulars, registered and statutory encumbrances, and details of relevant statutory notices. Sellers must also disclose certain defects if known.
2. Required certificates and searches
   These depend on the property type but may include:
   • A current title search
   • Registered plan
   • Body corporate information certificate (for community title property)
   • Local government rates and water notices
   • Zoning and flood information
     Certificates incur costs and may take several days to obtain.
3. When it must be given
   The buyer must receive the complete Form 2 and all prescribed documents before they sign the contract.
4. Consequences of non-compliance
   If the disclosure is incomplete, inaccurate, or provided late, the buyer may have a statutory right to terminate the contract at any time before settlement if they are materially prejudiced. Inaccurate disclosure may also expose the seller to claims for compensation.
5. Practical tips
   • Begin collecting certificates before marketing the property
   • Have your lawyer review the draft disclosure for compliance before it is given to a buyer
   • Allow for the additional costs (typically $500–$1,800 including searches and preparation fees)

For Buyers

1. What you will receive
   Before signing, you will receive the Form 2 and all required certificates for the property. This enables you to see any title encumbrances, statutory notices, body corporate matters, or other issues that may affect your use or enjoyment of the property.
2. Why this matters
   The disclosure gives you an opportunity to identify potential risks before committing. If the seller fails to comply and you are materially prejudiced, you may have a right to terminate.
3. Other due diligence
   The Form 2 is not a substitute for other enquiries such as building and pest inspections, finance approval, or specialised searches. You should still carry out these checks.

How ALF Lawyers Differs

Our approach goes beyond simply ticking boxes for compliance. We:

• Provide a detailed, plain-English explanation of each disclosure item so you understand its practical impact—not just the legal wording.
• Cross-check certificates against legislative requirements and the property’s unique circumstances.
• Flag potential issues early, so you can negotiate amendments or withdraw before becoming bound to a contract.
• Offer fixed-fee pricing for most disclosure reviews, giving you certainty over costs.
• Work to turnaround times that fit your transaction, with priority reviews available when contracts are time-sensitive.

With our experience in property law and the new disclosure regime, we can guide you through these legislative changes and protect your interests from the outset.

Key Takeaway

From 1 August 2025, sellers must meet strict disclosure obligations before a contract is signed. Buyers will have more information upfront and stronger rights if the disclosure is deficient.

Whether you are buying or selling, early legal advice is essential. A properly prepared and reviewed disclosure package reduces the risk of termination, dispute, or costly surprises later.