Queensland Seller Disclosure Laws (From 1 August 2025)
From 1 August 2025, new legislation will apply to the sale of property in Queensland. Importantly, the law changes how sellers must disclose information to buyers.
As a result, sellers must now provide a Seller Disclosure Statement and prescribed certificates before a buyer signs a contract.
This change increases transparency in property transactions. It also reduces the risk of disputes later in the conveyancing process.
What is a Seller Disclosure Statement?
A Seller Disclosure Statement is a formal legal document. It sets out key information about the property that a buyer needs before entering a contract.
In practice, the seller can prepare the statement. Alternatively, a solicitor or real estate agent may prepare it on the seller’s behalf.
What must be disclosed?
The Seller Disclosure Statement must include accurate and up-to-date information about the property. In particular, it must include (but is not limited to):
- Details of the property
- Title details
- Land zoning
- Rates and water information
- Details of any outstanding notices affecting the property
In addition, all information must be current at the time it is provided to the buyer. Otherwise, the disclosure may be considered non-compliant.
What must be provided to buyers?
Alongside the Seller Disclosure Statement, sellers must also provide supporting certificates. These documents help verify key details about the property.
These typically include:
- Title search
- Copy of plan
- Copies of any notices requiring work on the property
- Pool safety certificate (if applicable)
- Body corporate certificate (if applicable)
Accordingly, sellers should ensure these documents are obtained early in the process to avoid delays.
Do I need a Seller Disclosure Statement?
Yes. Under the new Queensland laws, most sellers of residential and commercial property must provide a disclosure statement before a contract is signed.
However, there are limited exceptions where disclosure may not be required.
These exceptions include:
- Related party transactions: Where all parties are related and provide written notice waiving disclosure.
- Government transactions: Where the buyer is a State or Government body.
- Transfers between co-owners: Including boundary realignments.
- High-value sales: Where the price exceeds $10 million and the buyer waives disclosure in writing before signing.
Consequences for non-compliance
If a seller fails to provide a disclosure statement, or provides inaccurate information, serious consequences may follow.
In these circumstances, the buyer may terminate the contract at any time before settlement. As a result, the transaction may fall through.
Furthermore, if termination occurs, the seller must refund any deposit or part payment already received.
Conclusion
The new Queensland seller disclosure requirements represent a significant change in conveyancing law. Therefore, sellers should understand their obligations before entering into a contract.
Accordingly, obtaining legal advice can help ensure compliance and reduce the risk of delays or disputes.
This information is general only. You should seek professional advice tailored to your circumstances.
If you or someone you know wants more information or needs help or advice, please contact us on 07 5576 9999 or email
[email protected].
