Queensland Seller Disclosure Requirements

Six months into Queensland's biggest property law change in over 50 years, and the buyers and sellers are still finding their feet.

Since 1 August 2025, sellers must provide comprehensive disclosure documents to buyers BEFORE they sign the contract—a fundamental shift from the traditional "buyer beware" approach. While the legislation has transformed Queensland property transactions, we're still seeing significant teething issues, particularly around missing or incorrect certificates (this can cause transaction delays and even contract terminations).

This impacts everyone—buyers, sellers, agents, and legal professionals. Understanding and correctly implementing these requirements is crucial to avoiding costly mistakes and delays.

Key Takeaways - 6 Months on

1. Get Professional Help Early: Six months in, we're still incomplete or incorrect disclosure documents. At Cozee, we have lawyers on our team who know exactly what's required—we can guide you through every step and ensure your disclosure package is compliant from the start.
2. Budget More Time Than You Think: Document preparation is taking longer than many anticipated. Mitigate any delays by organising your Form 2 before you list your property—don't wait until you have a buyer.
3. Certificate Accuracy is Critical: Missing or incorrectly prepared certificates are the most common issue we're seeing. Double-check every certificate is current, accurate, and properly formatted before providing to buyers.
4. Understand the Stakes: If you provide incorrect or incomplete information, the buyer can terminate anytime before settlement. Buyer rights are strong, and they are exercising them. Protect your sale by getting disclosure right the first time.
   

The Big Changes 

Mandatory Form 2 - Seller Disclosure Statement

Under the new laws, a seller must provide a buyer with a completed and signed Form 2 Seller Disclosure Statement before the buyer signs a contract. This isn't just a suggestion—it's a legal requirement that applies to virtually all freehold property sales in Queensland.

Prescribed Certificates Must Be Included

Along with the Form 2, sellers must provide all prescribed certificates including a title search for the lot, a copy of the plan of survey registered under the Land Title Act 1994, and various compliance notices if applicable. A full list of Prescribed Certificates is included below.

Timing is Absolutely Critical

These documents must be accurate and up to date at the time they are given to the buyer, and crucially, they must be provided BEFORE the contract is signed—not after.

What Information Must Be Disclosed?

The New Form 2 is comprehensive, covering key areas across property, legal, environmental, and financial matters: 

Property Details

• Seller's name and property address
• Lot-on-plan description
• Property zoning details
• Community titles/BUGTA status

Environmental and Legal

• Contamination register status
• Environmental orders
• Tree orders and disputes
• Heritage listings
• Resumption notices

Encumbrances

• Unregistered leases and tenancies
• Statutory encumbrances
• Access agreements
  
  

The Prescribed Certificates You'll Need:

The supporting documentation is extensive and includes:

When and How to Give Disclosure

Critical Timing: All disclosure documents must be given before the buyer signs the contract—this cannot be stressed enough. There are no exceptions to this requirement.

Delivery Methods

• Personal delivery
• Post
• Email (with buyer's consent)
• Physical document with electronic link

Special Situations

• Auctions: Must give to all registered bidders before bidding starts
• Multiple buyers: Can give to one buyer at a time
• Options: Must give before option is signed

Documentation Requirements

• Seller must prove disclosure was given and keep records of delivery method
• Obtain acknowledgement receipts where possible
• Form 2 and certificates can be given separately, but all must be provided before contract signing

Who Can Give Disclosure: The disclosure documents can be provided by the seller, real estate agent, solicitor, or any authorised person acting on behalf of the seller.

Buyer Termination Rights

Understanding buyer termination rights is crucial for all parties.

No Form 2 or Certificate Given

• Buyer can terminate anytime before settlement
• No need to prove materiality—the absence of disclosure is sufficient grounds

Inaccurate Information

• Buyer can terminate if inaccuracy is material and they weren't aware of it
• Buyer must give written notice of termination
• Seller must repay deposit plus interest within 14 days

What Constitutes Material?

• Information that would have affected the buyer's decision to purchase
• Buyer must prove they wouldn't have signed if they knew the correct information
• Buyer must have been unaware of the true situation when signing

Serious Consequences for Non-Compliance

This is where we're seeing the most issues six months into the new regime.

If you provide incorrect or incomplete information, the buyer can terminate the contract anytime before settlement—even if you thought the error was minor. We are still seeing Form 2s with missing or incorrect information, and these mistakes are costing sellers their sales.

This means:

• Buyers can walk away even after exchange of contracts
• Sellers lose their deposit and potentially their sale
• Agents risk losing commission and damaging their reputation
• Legal exposure under Australian Consumer Law

Impact on Different Sale Methods

Private Sales: All disclosure documents are required before contract signing

Auctions: Form 2 and certificates must be available before bidding begins

Off-Market Sales: The same requirements apply

Options:  Disclosure must be provided before the option is signed. Only options signed before 1 August 2025 are exempt from disclosure requirements when exercised. 

What This Means for You

Sellers

• • Start early: Mitigate any delays by organising your Form 2 BEFORE you list your property.
  • Budget for additional costs to obtain certificates.
  • Engage a conveyancer: We're still seeing Form 2's with missing or incorrect information—professional review is essential.
  • Remember: If you provide incorrect or incomplete information, the buyer can terminate anytime before settlement.

Buyers

• Buyers should carefully review the Form 2 and all attachments. If anything is unclear or concerning, they should seek legal advice before signing the contract.
• Remember: The disclosure statement includes a warning that buyers may not be able to terminate the contract later if they discover issues that were disclosed but not understood.
• Continue due diligence—building inspections, pest reports, and flood searches are still recommended.

Real Estate Agents

• The seller must give written instructions authorising the agent and the agent must follow the official Form 2 platform workflow.
• Real Estate Agents cannot provide legal advice or interpret search results.
• Agents risk liability for incorrect or incomplete disclosures.