From 1 August 2025, all Queensland property sellers will be required to comply with the new Seller Disclosure Scheme under the Property Law Act 2023 (Qld). This includes residential, commercial, and vacant land sales. A failure to provide proper disclosure may lead to the contract being terminated or expose the seller to legal liability. If you’re new to this topic, we recommend reading our earlier article explaining the fundamentals: New Seller Disclosure Laws Coming to Queensland Property Sales
In this article, we focus on what sellers need to do in practice before listing or selling their property.
When Must Disclosure Be Made?
The timing of disclosure is critical. Disclosure must be given before:
- Any buyer signs a contract;
- A bidder registers at an auction (ideally before the auction begins);
- Or any offer is formally accepted.
Tip: It’s best to prepare your disclosure documents before advertising the property for sale.
What Must Be Disclosed? (Form 2 & Documents)
All sellers must provide:
Along with copies of relevant documents, which may include:
- Title search
- Plan registered under Land Title Act 1994
- Owner Builder Notice
- Contaminated Land Notices
- Show Cause/Enforcement Notices – Building Act, Planning Act
- Notice or order requiring work to be done
- Resumption document or notice
- Neighbourhood disputes -tree orders and applications
- Transport infrastructure-notices about proposals
- Pool safety certificate or Notice of no pool safety
- Body Corporate Certificates
All documents must be current and legible. Incomplete or inaccurate disclosure can lead to contract termination at any time before settlement or the Seller is taken to have given a contractual warranty.
How Should Disclosure Be Delivered?
The seller (or their lawyer/agent) can provide disclosure via:
- Email (PDF format);
- Secure online document links;
- Printed hard copy and Physical handover (in person).
Disclosure must be received before contract signing or auction. We recommend keeping a written record of when and how disclosure was delivered, in case of future disputes.
Common Misconceptions
| Misunderstanding | Correct Understanding |
| “Only residential property is affected” | Applies to all freehold land, including commercial or vacant* |
| “Disclosure can be added later” | Must be given before contract is signed |
| “No pool certificate? Just don’t mention it” | Omission may allow buyer to terminate |
*Exceptions may apply
Need Assistance with Seller Disclosure?
Whether you’re listing your property privately or working with an agent, our experienced team at W & G Lawyers can guide you through the legal obligations of the new seller disclosure regime in Queensland.
Contact us today at info@wglawyers.com.au
Call: 072 810 5666
External Links and References
Disclaimer
The content of this article is provided for general information purposes only and does not constitute legal advice. While every effort is made to ensure accuracy, this article should not be relied upon as a substitute for legal advice tailored to your individual circumstances. We recommend that you seek independent legal advice before acting on any information contained herein.