Queensland Seller Disclosure Requirements

Queensland's property market is about to experience its most significant transformation in over 50 years. From 1 August 2025, sellers must provide specific disclosure documents to buyers BEFORE they sign the contract, marking a fundamental shift from the traditional "buyer beware" approach to a comprehensive seller disclosure regime.

This game-changing legislation will impact everyone in the property industry—from first-time homebuyers and property investors to seasoned real estate agents, conveyancers, and legal professionals. Whether you're buying your dream home, selling an investment property, or working in real estate, these new requirements will fundamentally change how property transactions work in Queensland.

Key Takeaways

1. Know the Cut-off: The disclosure requirements only apply to contracts signed on or after 1 August 2025—regardless of when the property was listed
2. Professional Help: Consider engaging legal professionals early to ensure compliance. At Cozee, we have lawyers on our team making the transition easy—we know the rules and can guide you through every step
3. Budget and Timing Impact: Factor in additional costs and time for document preparation.
4. Buyer Protection: The new regime significantly strengthens buyer rights
   
   

The Big Changes Coming Your Way

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 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

If the 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.

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: If an option was signed before 1 August 2025, no disclosure is required when the option is exercised. However, if the option itself is signed on or after 1 August 2025, then disclosure must be provided before the option is signed

What This Means for You

Sellers

• Start preparation early—gathering documents takes time
• Budget for additional costs to obtain certificates
• Consider engaging a solicitor to ensure accuracy
• Meticulous preparation, accurate disclosure, and strict adherence to delivery requirements are essential

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