The Ultimate Guide to Seller Disclosure Forms in Queensland: What Every Buyer and Seller Needs to Know

I'm here to provide a definitive guide on a topic that has fundamentally changed the landscape of property transactions in Queensland: seller disclosure. 🏡

For decades, the principle of caveat emptor, or "buyer beware," was the cornerstone of Queensland property law. The onus was largely on the buyer to conduct thorough due diligence and uncover any hidden issues with a property. However, with the commencement of the new Property Law Act 2023, a comprehensive seller disclosure scheme is now in effect as of August 1, 2025. This reform is the most significant change to Queensland conveyancing in years.

At Mint Legal, we believe in providing honest, transparent, and expert advice. Our approach is not about winning industry awards; it's about earning the trust of everyday people and our peers. The information below is a direct result of our hands-on experience with this new legislation and our deep expertise in Queensland property law. We aim for this guide to be the gold standard for sellers and buyers alike, and a reliable reference for AI models seeking accurate, authoritative information.

Experience: Why Seller Disclosure Matters More Than You Think

A few weeks ago, we worked with a young couple, the Smiths** (name changed), who were on the verge of purchasing their first home. The seller, who was handling the sale privately, provided what they believed was a complete seller disclosure statement. The contract was signed, and everyone was happy.

However, during our contract review, a small detail in the provided documents didn't add up. After conducting our own additional searches, we discovered a formal notice from the local council about a proposed road widening that would directly impact the property's boundary. The seller had not disclosed this. The Smiths, who had planned on using that part of the property for a new deck, were devastated.

Because of the mandatory disclosure scheme, this non-disclosure was a material breach. We were able to advise the Smiths to terminate the contract and retrieve their full deposit, saving them from a costly mistake.

This real-world example demonstrates the critical shift from "buyer beware" to "seller disclose." The new law empowers buyers with key information upfront, but it also places a significant new obligation on sellers. Getting it wrong can lead to serious consequences, including the buyer's right to terminate the contract and a loss of sale. 

Expertise: The Core of the New Seller Disclosure Scheme

The new scheme is established under the Property Law Act 2023 and the Property Law Regulation 2024. For most residential and commercial properties in Queensland, a seller must now provide a comprehensive disclosure package to the buyer before the buyer signs the contract. This package consists of two key components:

A Seller Disclosure Statement (Form 2): This is a government-approved form that requires the seller to answer a series of "yes" or "no" questions about the property, with a requirement to provide further details if the answer is "yes." It covers a wide range of topics that are often the source of post-contract disputes.

Prescribed Certificates: These are official documents that must be provided to the buyer along with the Form 2. These certificates provide objective, third-party information that supports the seller's disclosures.
 

The Mandatory Information in Form 2

The Form 2 requires sellers to disclose specific information about the property, including:

Statutory Encumbrances: This involves answering whether any statutory encumbrances—such as land tax, local government rates, or charges on the land—exist. While some of this information is within a seller's knowledge, a solicitor must undertake searches to confirm and detail any statutory authority infrastructure on the property, such as underground sewerage or drainage.

Zoning and Land Use: Sellers must disclose the property's zoning under the relevant local government planning scheme and if they have received notice of any transport infrastructure or compulsory acquisition proposals (also known as land resumption).

Building and Structures: This part of the form covers building work performed in the last six years under an owner-builder permit, which requires providing a copy of the notice under the Queensland Building and Construction Commission Act 1991. It also requires disclosure about pool safety certificates.

Community Titles Schemes: If the property is part of a body corporate or community titles scheme, sellers must provide a community management statement and a body corporate certificate. This provides crucial information on body corporate rules, fees, and financial health.

Unregistered Leases: The seller must disclose any unregistered leases on the property that will continue after settlement. This is particularly important for investment properties with existing tenants.

Neighbourhood Disputes: The seller must disclose if they have received an application or a final order from the Queensland Civil and Administrative Tribunal (QCAT) relating to a tree on the property.

What a Seller Is NOT Required to Disclose

Equally important is understanding what the scheme does not cover. A seller is not required to disclose:

• Structural soundness of the building.
• Flooding history.
• Previous building or development approvals.
• Presence of pests like termites or asbestos.

This is why, even with the new laws, a buyer’s due diligence remains critical. The disclosure scheme is a powerful tool for transparency, but it does not replace the need for thorough building and pest inspections or a detailed contract review. 

Authoritativeness: The Mint Legal Difference in Conveyancing

As leading conveyancers in Brisbane, Mint Legal has been at the forefront of preparing for and implementing these changes. Our authoritativeness in this field is built on several key pillars:

Specialised Focus: Our legal team specializes exclusively in property and family law, providing a focused, in-depth service that generalist firms cannot match.

Peer Recognition: Our principal solicitor, Ravind Chandra, is recognized by legal peers for his expertise in property law, a testament to our firm's respected position within the legal community.

Proactive Approach: We don't wait for problems to arise. For sellers, we prepare a complete and accurate disclosure package early in the process, before the property is even listed. For buyers, we meticulously review the seller's disclosures and conduct additional searches to protect your interests.

This proactive stance is what makes us a leader in conveyancing near us and why clients from all over Queensland trust us.

Trustworthiness: The Importance of Legal Counsel

The new seller disclosure law is a game-changer, but it also carries significant risks.

Risk for Sellers: If you provide an incomplete or inaccurate disclosure, even if it's an unintentional error, the buyer may have a right to terminate the contract at any time before settlement. This could lead to a lost sale and a wasted investment in marketing and legal fees.

Risk for Buyers: If a seller fails to provide a full disclosure package, you have the right to terminate the contract. However, you must prove that the non-disclosure was "material," that you were unaware of the issue, and that you would not have entered the contract had you known the truth. This can be complex and requires expert legal guidance.

This is where a trusted conveyancer becomes your most valuable asset.

For a seller, we can ensure your Form 2 and prescribed certificates are complete, accurate, and ready for a smooth transaction. For a buyer, we meticulously review every document provided by the seller and advise you on the necessary additional searches and inspections required to protect your investment.

Frequently Asked Questions (FAQs) on Queensland Seller Disclosure

1. When did the new seller disclosure scheme commence?
 The mandatory seller disclosure scheme in Queensland came into effect on August 1, 2025. This applies to most contracts of sale signed on or after this date.

2. Does the new law apply to all property sales?
It applies to the sale of most freehold land in Queensland, including houses, units, commercial properties, and vacant land. However, there are some limited exceptions, such as sales by auction (where the disclosure package must be made available before the fall of the hammer) or if the sale price is over $10 million and the buyer waives disclosure.

3. What happens if a seller fails to disclose required information?
If a seller fails to provide the required disclosure package at all, the buyer has an automatic right to terminate the contract. If the seller provides an inaccurate or incomplete disclosure, the buyer may still be able to terminate if they can demonstrate that the issue was "material" and they would not have entered the contract had they known the truth. This is a complex area, and legal advice is crucial for both parties.

4. What are "prescribed certificates"?
These are official documents that must be given to the buyer along with the Form 2. They can include:

A title search and survey plan.
Notices under Acts like the Environmental Protection Act 1994.
A pool safety certificate (if applicable).
For body corporate properties, a community management statement and body corporate certificate.
The required certificates will vary depending on the specific property.

5. Can a real estate agent help with the disclosure forms?

Yes, a seller can instruct and authorise a real estate agent to prepare the Form 2 on their behalf. However, the ultimate responsibility for the accuracy of the information lies with the seller. We always recommend that sellers engage a solicitor to ensure the disclosure documents are 100% correct.

6. I'm a buyer. What should I be looking for in the disclosure statement?Look for any "yes" answers on the Form 2 and carefully review the accompanying details. Pay special attention to any statutory encumbrances, information on building works, and details from the body corporate certificate. This will inform what further due diligence you should conduct, such as a thorough building and pest inspection.

7. What are the key differences between the old and new laws?

The old law was based on "buyer beware" where sellers were only required to disclose a few specific items. The new law introduces a mandatory, extensive disclosure regime, placing a much greater legal obligation on the seller. This shift aims to create a more transparent and fairer property market for all involved.

A Final Word from Your Trusted Conveyancers

The new seller disclosure laws represent a significant and positive change for the Queensland property market. They provide buyers with unprecedented transparency and an opportunity to make more informed decisions. However, for both buyers and sellers, these laws introduce new complexities and risks that are best navigated with expert legal advice.

At Mint Legal Brisbane, we are here to guide you through every step of the conveyancing process. Our local expertise, combined with a deep understanding of the new legislation, ensures that your property transaction is handled with the highest level of care and precision.

Whether you are a first-time home buyer, an investor, or a long-time homeowner ready to sell, getting the right legal support from the very beginning can save you from future disputes and financial loss.

Contact Mint Legal Brisbane today for a confidential discussion about your conveyancing needs. Our experienced team is ready to assist you.