Seller Disclosure

SELLER DISCLOSURE FAQ

WHAT IS THE SELLER DISCLOSURE IN QUEENSLAND?

Introduced under the Property Law Act 2023, the new statutory regime requires that a seller must provide a buyer with:

a signed seller disclosure statement for the property;
and copies of any applicable prescribed certificates, before the purchaser signs the sale contract.

It applies to all sales of freehold properties with exception for off the plan sales.

WHEN DOES THE SELLER DISCLOSURE COMMENCE?

All contracts executed from 1 August 2025 will require the seller 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.

WHAT IS INCLUDED IN THE DISCLOSURE STATEMENT?

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 property and answers on the form. The disclosure is separated into segments, including:

Seller and property details

Vendor’s name, lot address, lot-on-plan description
Whether the lot is included in a Community Titles Scheme or Building Unit and Group Titles Act 1980 (Qld);

2.Titles, encumbrances and tenancy or rooming accommodation

Title search and plan of survey
Registered encumbrances
Any unregistered encumbrances (e.g. unregistered lease or mortgage) Statutory encumbrances
For rental properties, when the most recent rent increase occurred

Land use, planning and environment

Zoning information of the lot from the local council’s planning scheme
Transport proposals affecting the property
Contamination and environmental protection
Neighbourhood disputes regards tree orders
Whether the property is affected under heritage laws

Buildings and structures

If there is a swimming pool on the property and if there is a pool compliance certificate
Building works completed under an owner-builder permit
Any other notices or orders

Rates and services

Most recent rates and water charges on the property

Community titles scheme and BUGTA schemes
Attached prescribed certificates

WHAT ARE THE ‘PRESCRIBED CERTIFICATES’ THAT MUST BE PROVIDED UNDER THE NEW DISCLOSURE REGIME?

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:

Title search and copy of the plan
Any notice relating to owner-builder work completed
Copy of any show cause or notice that remains in effect before the buyer signs the sale contract
Any notice that the lot is subject to a transitional environmental program, enforcement order, evaluation or show cause under the Environmental Protection Act
A copy of any documentation relating to:

Applications or orders for tree disputes
Transport infrastructure proposals that will alter the dimensions of the property or locate transport infrastructure on the property
Any notice of intention to resume issued by a competent authority
Whether the lot is affected by heritage laws

Swimming pool certificate or a notice that there is no pool safety certificate
For apartments, units or other properties in a community titles scheme, this also includes a copy of:

The community management statement
Body corporate certificate for the lot
By-laws or allocations of common property

How can we obtain the prescribed certificates and how much will it cost?

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.

To complete the disclosure, you should allow between $800-$1,500 APPROX

COMPLETING THE DISCLOSURE STATEMENT

Can a disclosure statement be signed and sent electronically?

Yes, the Form 2, Disclosure Statement, can be signed electronically.

Can an agent sign on behalf of their 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.

Can I be sued if the disclosure statement I provide is wrong?

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.

Do buyers need to sign and acknowledge the disclosure statement prior to signing the contract? How is this done?

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.

WHAT HAPPENS IF WE FAIL TO COMPLY WITH THE DISCLOSURE REGIME?

The buyer of the property has rights to terminate the sales contract at any time prior to settlement in two situations:

They were not provided the disclosure statement and prescribed certificates prior to the contract being signed.
The disclosure statement provided was incomplete or inaccurate at the time it was given to the buyer.

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.

Are there any exemptions to the disclosure regime?

For most real estate transactions the seller disclosure will be required to be completed. Some examples of when an exemption may apply include:

Sales between related parties where the purchaser waives the right to disclosure
Court-ordered sales
Transfers to a personal representative or beneficiary under a will
Where the seller is a local government and the sale is to recover overdue costs
Where the state is the seller and the purchaser has been a tenant in the home for at least three years
Where the purchaser is a publicly listed company, the state or a statutory body

SELLER DISCLOSURE AND AUCTIONS

Is there any difference to the disclosure process for auction or private treaty sales? 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.

DISCLAIMER: The information outlined in this document: is provided for general information purposes only; does not take into account your individual objectives, circumstances or needs, does not constitute legal or financial advice, and must not be construed as advice generally, and cannot be relied upon for any purposes. Ray White makes no warranty, representation, undertaking or guarantee, whether expressed or implied, about the accuracy, reliability or completeness of this information. To the maximum extent permitted by law, Ray White 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.