
by Michelle Watt from Stellar Conveyancing
New Statutory Seller Disclosure
From 1 August 2025, all sellers must include a Sellers Disclosure prior to the submission and execution of a contract of sale. This is a new statutory seller disclosure regime under the Property Law Act 2023 (Qld).
This new disclosure has been designed to improve transparency and consistency in property transactions, ensuring buyers receive key information about a property before they sign a contract.
Under the new laws, a seller must provide a buyer with the following before the buyer signs a contract:
a completed and signed Form 2 Seller Disclosure Statement; and
all prescribed certificates relevant to the property.
These documents must be accurate and up to date at the time they are given to the buyer and the disclosure statement must be signed by the seller.
This new law applies to all contracts entered into on or after 1 August 2025, regardless of when the property was listed for sale.
The new disclosure laws give buyers the opportunity to review important information about a property and helps buyers to make informed decisions before committing to a contract.
Buyers should also be aware that the disclosure statement does not cover everything. For example, it does not include information about:
- flooding or other natural hazard history
- structural soundness of the building or pest infestation
- current or historical use of the property
- current or past building or development approvals for the property
- limits imposed by planning laws on the use of the land
- services that are or may be connected to the property
- the presence of asbestos within buildings or improvements on the property
Buyers are encouraged to make their own inquiries about these matters before signing a contract as they may not be able to terminate the contract if these matters are discovered after signing.
Seller’s failure to comply with the disclosure requirements can have serious consequences. If a seller does not provide the disclosure documents before the buyer signs the contract, or if the documents are inaccurate or incomplete in relation to a material matter, the buyer may have a statutory right to terminate the contract at any time before settlement.
Buyers should carefully read the Form 2 and all of its attachments.
The disclosure statement includes a warning that buyers may not be able to terminate the contract if they later discover issues that were disclosed but not understood.
If anything is unclear or concerning, buyers should always seek legal advice before signing a contract.