New Mandatory Seller Disclosure Regime QLD

From 1 August 2025, most contracts for the sale of freehold land in Queensland (including houses, units, and vacant land) must include a Seller Disclosure Statement and associated prescribed certificates/documents provided to the buyer before the buyer signs the contract. This marks a shift from Queensland’s previous “buyer beware” approach to a more transparent, seller disclosure-focused system.

What Sellers Must Provide
Sellers are required to give buyers:

• A completed and signed Seller Disclosure Statement in the approved Form 2.

• A suite of prescribed certificates/documents (such as title searches, survey plans, planning/zoning information, encumbrances, rates/water notices, environmental or contamination notices, and, if applicable, body corporate records).

These documents must be accurate and provided before the buyer signs the contract.

How and When They Must Be Given
The disclosure statement and prescribed documents must be given to the buyer prior to signing the contract. For auctions, they must be given or made available before the fall of the hammer. Delivery can be physical or electronic (with buyer consent).

Legal Consequences of Non-Compliance
If the seller fails to provide the disclosure statement and prescribed documents, or provides inaccurate or incomplete information, the buyer may have a statutory right to terminate the contract at any time before settlement.

Exceptions
There are limited exceptions, such as sales between related parties, sales to certain government or public entities, or high-value transactions (over $10m) where the buyer waives disclosure.