Queensland's property contracts changed significantly on 1 August 2025, and most buyers have not caught up. Before that date, Queensland followed a strict buyer beware approach: the seller was under no general obligation to hand over information about the property before a contract was signed. That changed when the seller disclosure scheme came into force under the Property Law Act 2023.
The scheme requires sellers of existing residential property, commercial property and vacant land to give buyers a signed seller disclosure statement and prescribed certificates before the buyer signs the contract. If a seller does not, or gives information that is inaccurate or incomplete in a material way, the buyer may have the right to terminate the contract at any time up to settlement, according to the Queensland Government.
The Brookwater Legal team helps clients across Greater Springfield and Ipswich with buying and selling property, including understanding and preparing disclosure documents under the new scheme.
Here is how the seller disclosure statement works in Queensland, and what it means for buyers and sellers going into a contract.
Key takeaways
- Queensland's seller disclosure scheme started on 1 August 2025.
- Sellers must give the disclosure statement before the buyer signs the contract.
- A buyer may terminate if disclosure was not given or was materially inaccurate.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What is the seller disclosure statement in Queensland?
The seller disclosure statement, known as Form 2, is a signed document the seller must give the buyer before the buyer signs a contract of sale for existing residential property, commercial property or vacant land, according to the Queensland Government. It replaced Queensland's long-standing buyer beware position for those property types when the scheme commenced on 1 August 2025 under the Property Law Act 2023.
The statement gathers key information about the property in one place. It covers the seller's and property's details, title searches, registered and unregistered encumbrances and any residential tenancy, zoning and transport infrastructure notices, resumption notices, listing on the Environmental Management Register or Contaminated Land Register, tree applications or orders, heritage listing, and whether there is a pool on the lot or common property. It also covers certain notices given to the seller under the QBCC Act, the Building Act and the Planning Act that are still in effect at the time of signing.
For a lot in a community titles scheme, such as a unit or townhouse, the prescribed certificates the seller must also provide include the community management statement and a body corporate certificate, according to the Queensland Government.
What does the statement not cover?
The seller disclosure statement is not a structural warranty and does not replace a building and pest inspection. The Queensland Government is clear that the statement does not cover the structural soundness of the property, flooding history, or previous building and development approvals. Buyers still need to make their own enquiries about those matters.
The statement also includes a warning that buildings or improvements built before 1990 may contain asbestos. It does not warrant whether asbestos is present, according to the Queensland Government.
Off the plan purchases are not covered by this scheme at all. Sales of proposed lots have their own disclosure requirements under Queensland's Land Sales Act and the Body Corporate and Community Management Act.
"The scheme shifted real responsibility onto sellers. Buyers in Queensland now receive key property information before they sign, not after they are already locked in."
Jade Kickbusch, Principal, Brookwater Legal
When must the seller give the statement, and how?
The seller must give the disclosure statement and the prescribed certificates before the buyer signs the contract, according to the Queensland Government. Where there are several buyers, it must be given before the first of them signs.
The seller must keep proof of delivery. Delivery may be in person, by post or electronically. At an auction, different rules apply, but the documents must be given or made available to buyers before the fall of the hammer.
- › Prescribed certificates: title search and survey plan; relevant notices under the Environmental Protection Act, QBCC Act, Building Act and Planning Act; tree applications or orders; pool safety certificate where applicable.
- › Body corporate lots: the community management statement and a body corporate certificate are also required.
- › Auctions: documents must be given or made available before the fall of the hammer.
- › Proof of delivery: the seller must keep evidence that the buyer received the documents.
What are the exceptions to the scheme?
Not every sale requires a disclosure statement. The Queensland Government sets out several exceptions, including where the buyer is the State, a government body, a constructing authority or a listed corporation. Other exceptions apply to sales between related parties, sales where the price exceeds $10 million and the buyer has waived the disclosure requirement in writing, a council selling land to recover unpaid rates, and sales of proposed lots, which have their own regime.
Personal representatives selling estate property generally do need to give a disclosure statement, but a specific exception applies where the contract gives effect to the transmission of an interest because of an owner's death to that owner's personal representative, or to a transfer under the will, intestacy or a family provision order. A solicitor can confirm whether an exception applies to a particular transaction.
What is the buyer's remedy if disclosure goes wrong?
The consequences of getting disclosure wrong are significant, and this is what makes the scheme genuinely different from what preceded it. Under the Queensland Government's scheme rules, a buyer may terminate the contract at any time up to settlement in two situations.
First, where no disclosure was given at all before the buyer signed. Second, where the disclosure was given but was inaccurate or incomplete in a material way, provided the buyer was unaware of the issue at the time of signing and would not have signed had they known. Where another Act also applies to a particular type of non-disclosure, that Act's own consequences may apply instead.
The right to terminate in the second case requires the buyer to show all three conditions. Buyers cannot simply rely on any minor error or omission. The test is whether the inaccuracy or incompleteness was material to their decision to buy.
The right to terminate sits separately from the five business day cooling-off period, which is the buyer's right to cancel a residential contract for other reasons. Both may be available, and a solicitor can explain what applies in a given situation.
How does a solicitor help with the seller disclosure process in Queensland?
For buyers and sellers in Queensland, getting disclosure right is one of the most time-sensitive parts of the conveyancing process. Our conveyancing team assists sellers to gather and prepare the required documents, reviews the statement and certificates before they are given to the buyer, and advises on whether any exceptions apply to the transaction.
For buyers, we review what has been given before the contract is signed, explain what the documents reveal about the title and the property's history, and advise on any gaps or concerns before the buyer commits. Reviewing a contract before signing is the step that catches problems early, when options are still open.
Step 1: Talk to us
Get in touch and we will explain how the disclosure process generally works and what the documents should cover for your transaction.
Step 2: Gather or review the documents
For sellers, we help identify the prescribed certificates needed and review the completed disclosure statement before it is given to the buyer. For buyers, we review the documents received and flag anything that warrants further enquiry.
Step 3: Check the contract
We review the full contract alongside the disclosure documents to confirm everything is consistent, and advise on whether any conditions or special provisions are needed before the contract is signed.
Step 4: Manage the process through to settlement
We handle the conveyancing steps that follow contract signing, including searches, transfer duty lodgement and coordination with the other side to bring the transaction to settlement.
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What are the common misunderstandings about seller disclosure?
The most common misunderstanding is that the seller disclosure statement is a warranty about the property's condition. It is not. The statement sets out what the seller knows and is required to disclose about the title, the encumbrances and the regulatory history. It does not mean the property is defect-free, compliant with building codes or flood-safe. A building and pest inspection remains the buyer's own responsibility.
A second misunderstanding is that the scheme applies to all Queensland property sales. Off the plan and proposed lot sales are excluded. Those transactions have their own disclosure requirements, and buyers in new estates or unit developments should ask a solicitor which regime applies to their contract.
A third point worth noting is that the scheme does not replace the cooling-off period. Both exist. The cooling-off period is a five business day right for residential buyers to cancel a contract for any reason, according to the Queensland Government. The disclosure termination right is separate and may apply outside the cooling-off window, including much closer to settlement.
What does the scheme mean for buyers of units and townhouses in Queensland?
For buyers of lots in community titles schemes, the disclosure requirements are more extensive. In addition to Form 2 and the standard certificates, the seller must provide the community management statement and a body corporate certificate, according to the Queensland Government. The body corporate certificate sets out the levies, any levies outstanding from the current owner, the latest financial statements and the by-laws.
The certificate is accurate only on the day it is issued, according to the Queensland Government. Buyers should be aware of the date on the certificate and what it covers relative to the contract date. A body corporate certificate does not show how the body corporate has been managed over the years: that requires a review of meeting minutes and financial reports, which a solicitor can assist with as part of due diligence.
Frequently Asked Questions
When did Queensland's seller disclosure scheme start?
The scheme commenced on 1 August 2025 under the Property Law Act 2023, according to the Queensland Government. Before that date, Queensland had no general obligation on sellers to disclose property information before a contract was signed.
What is Form 2 in a Queensland property sale?
Form 2 is the seller disclosure statement, the approved form the seller must complete and give to the buyer before the buyer signs the contract, according to the Queensland Government. It covers the title, encumbrances, zoning and regulatory notices affecting the property.
Can a buyer terminate a Queensland contract because of a missing disclosure statement?
Generally, yes. Where no disclosure statement was given before the buyer signed, the buyer may terminate at any time up to settlement, according to the Queensland Government. Whether that right applies in a particular situation depends on the circumstances of the contract.
Does the seller disclosure scheme apply to off the plan purchases in Queensland?
No. The Queensland Government's scheme does not cover sales of proposed lots. Off the plan purchases have their own disclosure requirements under Queensland's Land Sales Act and the Body Corporate and Community Management Act.
Does the seller disclosure statement replace a building and pest inspection in Queensland?
No. The Queensland Government is clear that the statement does not cover structural soundness. A building and pest inspection remains the buyer's own enquiry and is generally written into the contract as a condition.
Do buyers in Springfield or Ipswich need a solicitor to review a seller disclosure statement?
A solicitor plays an important role in reviewing the disclosure documents before a buyer signs. Our conveyancing team reviews what the seller has provided, explains what the title search and certificates reveal, and advises on any gaps or concerns before the contract is entered into.
What happens if a seller gives inaccurate information in the disclosure statement in Queensland?
Where the disclosure was inaccurate or incomplete in a material way, the buyer may be able to terminate at any time up to settlement, according to the Queensland Government. The buyer must show the issue was material, they were unaware of it at signing, and they would not have signed had they known.
Your Next Steps
The seller disclosure scheme is one of the most significant changes to Queensland property law in recent years, and it matters equally for buyers and sellers. For sellers, preparing the right documents before the contract is signed avoids the risk of a buyer being able to walk away from a completed deal. For buyers in Ipswich and Greater Springfield, reviewing those documents before signing is the step that prevents unwanted surprises later in the process.
If seller disclosure is on your mind, the next step is a straightforward one. Get in touch with the Brookwater Legal team or call (07) 3437 8555, and we'll talk you through how the process generally works.
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Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
