Overview – Queensland’s New Seller Disclosure Laws
From 1 August 2025, Queensland property law changes significantly. Under the new Property Law Act 2023, most sellers must give buyers a Form 2 — Seller Disclosure Statement and all applicable prescribed certificates before the buyer signs a contract (or before the fall of the hammer at auction).
If a seller fails to comply or gives materially incorrect information, the buyer may have the legal right to terminate the contract right up to settlement.
What is a Seller Disclosure Statement (Form 2)?
The Form 2 Seller Disclosure Statement is the approved document sellers must complete and sign. It contains important information about the property, including:
- Title details and any registered or unregistered encumbrances
- Zoning and planning information
- Notices under planning, building, or environmental laws
- Contaminated land register entries
- Pool safety information (if applicable)
- Body corporate details (for community title lots)
It must be accurate at the time it is given to the buyer and be accompanied by all relevant prescribed certificates.
What Are Prescribed Certificates in a Seller Disclosure Statement?
Prescribed certificates are supporting documents that must be given with the Form 2 if they apply to the property. Common examples include:
- Current title search and survey plan
- Pool safety certificate (or notice of no certificate)
- Body corporate certificate and community management statement
- Notices from local government, QBCC, or other authorities
- Environmental management register or contaminated land register entries
The exact requirements vary depending on the property type.
When Must a Seller Disclosure Statement Be Given?
- Before signing: Buyers must receive the Form 2 and prescribed certificates before signing the contract.
- At auction: Documents must be available to bidders before the auction starts.
- Sellers should gather the necessary certificates early to avoid delays in marketing or contract execution.
Limitations — What Seller Disclosure Statement Does Not Cover
The disclosure only covers prescribed matters. It does not provide a guarantee about:
- Structural condition of the building
- Pest infestations
- Flood history or insurance availability
- Compliance of renovations or alterations
- Other non-prescribed risks
Buyers must still arrange independent building and pest inspections, flood and insurance checks, and other relevant searches. Buyer should also check the information in the Seller Disclosure Statement is actually true as the rights for compensation can be limited after settlement.
What It Means for Buyers
- Transparency: You will see key property information before signing.
- Protection: You may have a statutory right to terminate if disclosure is missing or materially wrong.
- Still do your own checks: Form 2 is not a substitute for your own searches, building/pest inspections, flood searches, or specialist advice.
- Legal review is essential: Always have a solicitor review the Form 2, prescribed certificates, and draft contract before signing.
What It Means for Sellers
- Legal obligation: You must prepare and provide a complete, accurate Form 2 and all applicable prescribed certificates before the buyer signs.
- Proof of delivery: Keep evidence that the buyer received the documents.
- Risk of termination: Errors, omissions, or outdated information can allow the buyer to walk away up to settlement.
- Preparation is key: Start collecting documents early and engage a solicitor to prepare the Form 2 and contract to ensure compliance.
Common Exemptions from providing a Seller Disclosure Statement
Certain sales are exempt, such as:
- Sales to government or listed companies
- Sales between related parties with written waivers
- High-value transactions over $10 million (with buyer waiver)
- Certain statutory or court-ordered sales
FAQs
Q: Can the seller sign the Form 2 electronically?
Yes. Electronic signatures are permitted if legally valid.
Q: Can a buyer terminate after settlement for a disclosure defect?
The statutory termination right generally applies up to settlement. After settlement, remedies depend on other laws and contract terms – seek legal advice promptly.
Q: Does Form 2 replace building and pest inspections?
No. It is a baseline disclosure and does not remove the need for independent inspections and searches.
Q: What if circumstances change after I give the Form 2?
Seeking advice early is important as the Seller Disclosure Statement must be true and correct when it is actually given on signing of the contract.
Disclaimer
This information is provided as a general guide only. It is not legal advice. The seller disclosure obligations vary depending on the property type and circumstances. Buyers and sellers should obtain independent legal advice specific to their situation.
Contact us today
At Swanwick Murray Roche, we help:
- Sellers — prepare accurate Seller Disclosure Statements, collect the correct prescribed certificates, and draft contracts that protect your interests.
- Buyers — review Form 2 and prescribed certificates, advise on any risks, and ensure the contract reflects your requirements.
Do not sign a contract or issue disclosure documents without legal advice.
Call us on 07 4931 1888 or contact us online to arrange a consultation.