SELLING A PROPERTY AFTER 1ST AUGUST ? Getting it wrong, could cost you a sale.
Here’s 5 things you need to know, as this law marks a shift from a ‘buyer beware’ approach to one of structured seller transparency, from Conveyancing Home Qld.
1. A new statutory seller disclosure regime under the Property Law Act 2023 (Qld) will commence in Queensland on 1 August 2025, requiring property sellers to provide full disclosure to prospective buyers before any contract of sale is signed. This applies to residential, commercial, and vacant land sales, with limited exceptions (e.g. sales over $10 million where buyer waives disclosure, related‑party sales, or sales to government/statutory bodies)
2. Sellers must provide a signed ( electronically is ok) Form 2 Seller Disclosure Statement (or their authorised agent such as a solicitor /conveyancer can provide it. Buyers aren’t required to sign it, but doing so is considered best practice. The new rule applies only to contracts entered on or after 1 August 2025, regardless of when the property was first listed.
3. Attach all required certificates and documents, including: Title search and registered survey plan; Registered and unregistered encumbrances (leases, easements, covenants); Statutory rights or infrastructure notices; Environmental registers and contamination notices; Zoning, heritage and tree‑order details; Tenancy history (e.g., recent rent); Pool safety certificate (or notice of no certificate if no pool); Body corporate/explanatory certificates or Community Management Statements (if applicable) and recent rates and water notices.
4. Failure to provide the required Form 2 and supporting documents before contract signing, or if inaccurate or incomplete information that relates to a material matter the buyer would not have agreed to had they known, then the buyer may terminate the contract at any time before settlement, receive a full refund of deposit and funds paid, and potentially seek legal compensation.
5. Prepare early and seriously consider legal or conveyancing assistance : Gather title, encumbrance, planning, environmental and body corporate documents well in advance. Deliver the Disclosure Statement and certificates to the buyer before contract signing, and document its provision.
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