Selling property in QLD?

Here's what you need to know

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New Seller Disclosure Laws as of August 2025

From 1 August 2025, all property sellers in Queensland must provide buyers with a Seller Disclosure Statement and supporting certificates before a contract is signed.

These new rules make it essential to get your disclosure documents right, mistakes can delay settlement or even give buyers the right to terminate.

Our conveyancing team can prepare your Seller Disclosure Form quickly and correctly, ensuring you meet your legal obligations under the Property Law Act 2023.

Let Colwell simplify the Disclosure process for you

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What's Included? 

When Colwell manages the disclosure process for you, we will: 

  • Prepare and review your disclosure statement
  • Obtain required certificates
  • Check if any exemptions apply
  • Make sure your disclosure meets all legal requirements

Have questions?

Why does a Seller need to provide a disclosure?

In short - A Disclosure Statement is like a "property fact sheet" that protects both the seller and the buyer. It makes sure the buyer knows exactly what they’re getting — and helps the seller avoid legal problems down the track.
 
The Long answer:
  1. It’s the Law (from 01 August 2025):
    New rules in QLD mean sellers must disclose certain facts about the property before the buyer signs a contract.
     
  2. To Be Honest and Transparent:
    It helps make sure the buyer knows if there are any problems, like:
    • Boundary issues
    • Easements (someone else has a right to use part of the land)
    • Flood zones
    • Council approvals or lack thereof
    • Building work that was done
    • If the property is heritage listed
       
  3. To Avoid Legal Trouble Later:
    If the seller hides important information, the buyer might:
    • Pull out of the deal
    • Sue the seller later for compensation
       
  4. It Builds Trust in the Sale:
    Being upfront with details can help the sale go smoother and faster because buyers feel more confident.

What is in the seller disclosure?

Mandatory Disclosure Items

  1. Title & Encumbrances
    • Seller’s full name, lot/plan details, and address
    • Current registered title search and survey plans
    • Any registered or unregistered encumbrances: easements, leases (including oral), mortgages, rights-of-way, infrastructure access
  2. Statutory Notices & Planning
    • Zoning category and official development/resumption notices
    • Environmental contamination notices, heritage listings, tree orders
  3. Tenancy History (if applicable)
    • Details of current/past leases or rooming arrangements, including last rent increase
  4. Structures & Compliance
    • Pool safety certificate (or confirmation no pool safety certificate)
    • Notices from QBCC, council enforcement or “show cause” orders
    • Any owner‑builder works in the past 6 years
  5. Council & Utility Charges
    • Latest council rates and separate water charges (if applicable)
  6. Community Title / BUGTA Properties
    • Latest Community Management Statement, body corporate certificate, bylaws not included in CMS

When do I need to provide a seller disclosure?

You need the QLD Seller Disclosure Statement before the buyer signs the contract of sale from 01 August 2025.

If you don’t, the buyer can cancel the contract at any time before settlement — even on the day of settlement.

What happens if I don't provide the seller disclosure?

If you don’t provide the QLD Seller Disclosure Statement (Form 2) before the buyer signs the contract, here’s what can happen:

 

1. Buyer Can Terminate the Contract

  • The buyer has the legal right to terminate the contract at any time before settlement — even on the day of settlement.
  • They don’t need a reason, and you may lose the sale entirely.
 

2. You Risk Financial Loss

  • If the buyer pulls out, you may lose time, money (marketing, legal fees), or even a second buyer.
 

3. Possible Legal Consequences

  • Failing to disclose required information may lead to:
    • Legal disputes
    • Claims for compensation
    • Complaints to regulatory bodies

Who prepares the seller disclosure?

The Seller’s Solicitor or Conveyancer

A legal professional completes it on your behalf.

  • They handle the searches, interpret legal encumbrances, ensure everything complies with the new Property Law Regulation.
  • Reduces risk of errors or omissions.