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✅ What’s Changing?

From 1 August 2025, all sellers of residential property in Queensland must give buyers certain mandatory disclosure documents before the buyer signs a contract. This applies to most land and unit sales.

This reform is designed to:

• Improve transparency for buyers;
• Clarify what sellers must disclose; and
• Make contracts more consistent and fair.

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📜 What Must Sellers Provide?

Before the buyer signs, the seller must give:

1. A Seller Disclosure Statement (Form 2) – a standard government form with key information about the property.

2. Prescribed Certificates, including (where relevant):

3. Title search and plan of survey,

4. Pool safety documents,

5. Notified building or planning issues,

6. Environmental or heritage notices,

7. Body corporate information (for units),

8. Council rates and water information,

9. Any known unregistered encumbrances (like informal leases or easements).

If the property is part of a body corporate (unit complex):

• The seller must also provide a Body Corporate Certificateand the latest Community Management Statement.

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🕓 When Must Disclosure Be Given?

• Before the buyer signs the contract.
• At auctions: documents must be given to bidders before the auction starts.
• For options: documents must be given before the buyer signs the option agreement.

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🛑 What Happens If the Seller Doesn’t Comply?

Buyers can terminate the contract any time before settlement if:

• The seller didn’t give the disclosure statement or certificates,
• The documents were materially inaccurate or incomplete, and the buyer would not have signed had they known the truth.

If terminated, the buyer is entitled to:

• A full refund of any deposit or payments made (within 14 days).

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❌ Are There Any Exceptions?

Yes. Disclosure isn’t required for:

• Transfers between related parties (if all parties agree),
• Government acquisitions,
• Sales over $10 million (if the buyer waives disclosure),
• Contract options signed before 1 August 2025,
• Certain co-owner transfers or gifts.

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💡 Key Points for Buyers and Sellers

• Buyers should review the disclosure documents carefully before signing anything.
• Sellers must ensure the documents are accurate and complete. If any of the information changes before signing, it should be updated.
• Agents, if preparing for a seller, should help ensure these documents are properly prepared and delivered, and always seek legal advice if in any doubt.

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