Seller Disclosure Now Mandatory in QLD - What You Must Know

Queensland property sellers, take note: from 1st August 2025, major legal changes are coming into effect under the Property Law Act 2023 (Qld). If you're thinking about selling your home, unit, or commercial property, it's crucial that you're aware of the new mandatory Seller Disclosure Scheme.

This new legislation aims to bring greater transparency to real estate transactions—and failure to comply could result in buyers walking away from the deal.

Let’s break down what this means for you.

What Is the Seller Disclosure Scheme?

The new scheme, outlined in Part 7, Division 4 of the Property Law Act 2023, introduces a non-negotiable obligation for sellers to provide a comprehensive Seller Disclosure Statement before a buyer signs a contract.

This applies to both residential and commercial property sales of registered lots in Queensland. Off-the-plan sales (unregistered lots) are excluded.

What Must Sellers Provide?

Before the contract is signed, sellers must provide:

• A completed and signed Form 2 Disclosure Statement

• Prescribed searches and certificates (outlined in the regulations)

• For Body Corporate properties, additional Forms 33 or 34 and Body Corporate certificates

The documents must reflect the true state of affairs as at the date of issue—not when they are signed.

What Happens If You Don’t Comply?

Buyers are given a statutory right to terminate the contract before settlement if:

• They did not receive a disclosure statement or the correct certificates prior to signing; or

• The disclosure was materially inaccurate or incomplete, and the buyer can prove:

  • They were unaware of the true situation; and

  • They would not have signed the contract if they had known the facts.

Important: The only remedy available to the buyer is termination—there is no right to compensation.

What Documents Are Required?

Here’s a snapshot of the key documents you’ll need to attach:

Standard Requirements:

• Title search

• Survey plan and plan image

• Any applicable property risk certificates (e.g., contaminated land, heritage notices)

• Local government rate and water summaries

• Department of Transport and Main Roads (DTMR) notices

For Body Corporate Properties:

• Form 33 or Form 34 disclosure statements

• Body Corporate by-laws

• Insurance certificates

• Financials and current levies

• Exclusive use by-laws or allocations

• Body Corporate asset register

• List of lot-specific improvements

Why It Matters for Sellers

This new law is designed to protect buyers—but it’s also a big deal for sellers. Providing these disclosures early ensures transparency, builds buyer trust, and reduces the risk of contract termination down the track.

Failing to follow the rules could result in a lost sale—even if you're already well into the process.

Need Help Navigating the New Laws?

At First National Real Estate Bundaberg, we’re already across these legislative changes and ready to help our sellers comply with ease. If you're planning to sell after August 1st, 2025—or even thinking ahead—reach out today for expert guidance.

Call us on (07) 4152 1122
Visit us at www.firstnationalbundaberg.com.au