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Last Updated: 30 July 2025
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 some exceptions, which are further outlined on the Queensland Government Portal here.
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.
For a comprehensive overview of the new requirements, please visit the Queensland Government portal by clicking here. There is also a convenient downloadable guide available.
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
Our role as your real estate agent is limited to marketing and facilitating the sale. We do not provide legal, financial, or compliance advice and cannot be held liable for errors or omissions in legal disclosure documentation. Please speak to your legal advisor to ensure compliance.
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.
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, Glynis Austin Properties' policy will be that our agents will not sign on behalf of a seller.
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.
Under the legislation, sellers bear primary responsibility for the accuracy of the disclosure. However, in limited circumstances where an agent has been found to contribute to misinformation, liability may be shared. Our blanket policy at Glynis Austin Properties is to refer all sellers to their legal representatives to ensure proper compliance and to minimise their risk of error or liability.
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.
DISCLAIMER:
The information outlined in this document:
Glynis Austin Properties makes no warranty, representation, undertaking or guarantee, whether express or implied, about the accuracy, reliability or completeness of this information. To the maximum extent permitted by law, Glynis Austin Properties will not be liable for any direct and indirect loss, damage or expense which may be suffered due to your use of this document or the information contained in it. Glynis Austin Properties recommends you seek legal advice for your personal circumstances.
Do you own a home?
Prepare for profit. Download our top tips on how to get the highest and best price when selling.
Prepare for profit. Download our top tips...