Queensland’s New Seller Disclosure Rules: What Brisbane Buyers & Sellers Must Know Before August 1, 2025.

Queensland’s New Seller Disclosure Rules: What Brisbane Buyers & Sellers Must Know Before August 1, 2025.

Queensland is set to introduce a comprehensive statutory seller disclosure regime from August 1, 2025, under the Property Law Act 2023 (Qld). This significant change moves away from the traditional “buyer beware” approach, aligning Queensland with other Australian states and placing new compliance obligations on sellers, agents, and solicitors.

Key aspects of the new regime include:

• Mandatory Disclosure Documents: Sellers must provide a completed and signed Form 2 Seller Disclosure Statement to the buyer before the contract is signed. This form must include prescribed information and warnings. Additionally, sellers must provide Prescribed Certificates (e.g., current title search, registered plan, owner-builder notice, contaminated land search, pool safety certificate, and Body Corporate Certificate for scheme lots) and Prescribed Information (e.g., details of encumbrances, zoning, QCAT and TMR searches, heritage search, rates notices, tenancy agreements).
• Consequences of Non-Compliance: Failure to provide the required disclosure statement or prescribed certificates, or providing inaccurate/incomplete information on a material matter, entitles the buyer to terminate the contract at any time before settlement, irrespective of material detriment.
• Applicability: The regime applies to all contracts for the sale of freehold land signed on or after August 1, 2025, and cannot be contracted out of.
• Exemptions: Disclosure is generally not required for off-the-plan contracts, leasehold land, transfers without consideration (gifts), water allocations, company title units, related party transactions, sales to government/listed corporations, court-ordered transfers, transmission to personal representatives, sales under the Acquisition of Land Act 1967, and specific instances where an option was exercised with prior compliance, or where the purchase price is $10 million or more and the buyer waives disclosure.
• Changes After Disclosure: While there’s no statutory requirement to update disclosure documents if information changes after being given but before the contract is signed, it’s best practice to do so to avoid claims of misleading conduct and potential termination rights for the buyer.
• Providing Documents: Disclosure documents must be given to the buyer before they sign the contract. This can be done via hand, post, electronic link, or email (with consent). Agents must maintain meticulous records to prove timely disclosure.
• Auction Rules: For auctions, disclosure documents should be provided to all registered bidders before the auction starts. If a buyer registers later, the documents (or a link to them) must be displayed at the auction (in-person or electronically) from start to finish.
• Who Can Sign Form 2: A seller, their agent, or solicitor can sign Form 2.
• Proactive Steps for Sellers: Sellers should start compiling relevant property information early, including details of unregistered encumbrances, past tenancy agreements and rent increases, recent rates and water notices, and any notices related to resumption, contamination, building/planning, or required works. Obtaining an ATO Clearance Certificate is also recommended.
  

Choosing Your Conveyancer

These new disclosure rules are set to reshape how property is bought and sold in Queensland, making it a fairer and more transparent process for everyone. Choosing a reputable and experienced conveyancer is paramount. At SMS Law, we act as your guide through the legal complexities of property transfer. Getting the right professional help gives you confidence, insight, guidance, and a property law specialist by your side.

Get in Touch

Talk to us today and get it right the first time. Remember to consider the advantages of using the same conveyancer for selling and buying, too. With us, you receive an experienced, professional conveyancer who understands the intricacies of the property landscape for a seamless property journey. Call us on 07 3667 8966 or email us through the online enquiry form and make sure you get the right legal advice from the start.

• Reliable and Experienced Conveyancers: We handle all aspects of the conveyancing process for you. From initial contract review to final settlement, we provide a seamless and stress-free experience. We understand that every transaction is unique and offer you personalised attention. It’s our role to take the time to understand your specific needs and goals. It’s how we have always done it and why our clients keep coming back.

• Local Knowledge: Our team specialises in Queensland property law. This extensive experience in Queensland conveyancing means that we are familiar with local legal requirements and nuances of the state’s property law. 

• Professional Processes: We go beyond simply processing paperwork. We offer comprehensive legal advice and meticulously handle every aspect of your transaction. When you choose us for your conveyancing needs, you know from the beginning that you matter.

• Transparent Fees and a Client-Focused Approach: We believe in transparency and a clear breakdown of our fees upfront, with no hidden costs. Our priority is your best interests. This focus on consistent client service has fostered continued years of repeat clients, referrals and our trusted reputation.

Call us on 07 3667 8966 or email us through the online enquiry form and make sure you get the right legal advice from the start. Follow our Facebook page and our LinkedIn page to keep up to date with new tips.