From 1 August 2025, Queensland’s Property Law Act 2023 (Qld) will come into force—introducing major changes to how property is sold across the state. Most notably, the new law brings in a mandatory seller disclosure regime, replacing the long-standing ‘buyer beware’ approach. This aims to modernise property transactions and ensure buyers receive key information upfront.
What Sellers Must Now Disclose Before Contract Signing
Under the new regime, sellers must provide:
- A Seller Disclosure Statement (Form 2)
- Certain prescribed certificates
These must be given before the buyer signs the contract, promoting transparency and fair dealing.
What Must Be Included in the Seller Disclosure Statement?
The disclosure statement must reflect current and accurate information as prescribed by regulation. Required details include:
- Lot and plan description
- Whether the property is part of a community titles scheme or a BUGTA scheme
- Unregistered and statutory encumbrances
- Zoning details
- Whether listed on the Environmental Management Register or Contaminated Land Register
- Any neighbourhood disputes
- Infrastructure or transport proposals impacting the property
- Heritage listings
- Notices of intention to resume any part of the land
- Council and water rates
- Existence of a pool
- Any residential tenancy agreements
👉 You can access the Seller Disclosure Statement (Form 2) [here].
Required Prescribed Certificates
In addition to the disclosure statement, sellers must supply the following documents:
- Title search
- Registered plan copy
- Body corporate certificate and community management statement (if applicable)
- Notices under planning/building/environmental laws
What Happens If Sellers Fail to Comply?
If a seller:
- Fails to provide correct disclosures before contract signing, or
- Gives inaccurate or incomplete material information,
…the buyer may terminate before settlement and get a full refund.
However, if the failure relates to another law with a different remedy (e.g., under the Environmental Protection Act), the PLA’s termination right may not apply.
Additionally, sellers may face legal consequences for:
- Misrepresentation
- Misleading or deceptive conduct
- Breach of contract or warranty, even if not directly related to disclosure obligations
What About Off-the-Plan Sales?
The new PLA requirements do not apply to off-the-plan (‘proposed lot’) sales. However, developers of community title scheme properties must now also disclose any applicable building management statement under section 213 of the BCCMA.
Who Is Exempt?
Certain transactions are exempt from the seller disclosure requirements, including:
- Sales between related parties (with waiver notice)
- Buyer is a government authority or listed company
- Buyer and seller are co-owners
- Sales resulting from court orders or financial agreements
- Exercise of options (with prior compliant disclosure)
- High-value transactions (over $10M including GST) with waiver
- The state sells to a long-term tenant
- Boundary realignments
Sellers should carefully assess whether an exemption applies—and seek legal advice before relying on it.
Key Takeaways for Sellers
While buyer protections are strengthened, sellers must now contend with:
- Increased costs
- Potential delays
- Termination risk
Get Legal Guidance
Proper due diligence is essential. If you’re unsure how the new seller disclosure laws may affect your property transaction, or need help preparing the required documents, please contact our legal team for expert assistance.
Disclaimer
This article is intended for general information only and does not constitute legal advice. While we strive to ensure the accuracy of the information at the time of publication, changes in law or circumstances may affect its applicability. Please seek professional advice tailored to your situation.
