What You Need to Know About Queensland’s New Mandatory Seller Disclosure Laws

If you're a property owner, real estate agent, or buyer, the new mandatory seller disclosure regime is something you need to know.  

 The Property Law Act 2023 replaces a nearly 50-year-old legal framework that governs property transactions in Queensland. One of its most significant reforms is the introduction of a standardised disclosure regime for sellers of residential property. 

This change aims to make the process more transparent, reduce misunderstandings, and avoid disputes between buyers and sellers down the line. 

So, what exactly do sellers need to give buyers under the new law? 

Before the buyer signs the contract, sellers must provide a Form 2 – Seller Disclosure Statement (which is a prescribed form), along with certain prescribed certificates and information. 

Some examples of Prescribed Certificates include: 

• A current title search and survey plan 

• Owner Builder Notices under the QBCC Act if the seller has carried out work at the property as an owner builder and there is an entry on the title in this regard

• Any applicable Contaminated land notice, Show Cause / Enforcement Notice, Resumption notice, neighbourhood disputes (for example tree orders and applications), transport infrastructure notice about proposals and pool safety certificate or notice of no pool safety

• For strata-titled properties  Body corporate documents which include a copy of the community management statement and body corporate certificate

Some examples of Prescribed Information includes details of:

• the seller and property

• for strata-titled properties the body corporate

• any unregistered encumbrances such as unregistered leases, residential tenancies, access agreements, oral agreements and statutory encumbrances

• Details of any existing tenancies if the property is rented out  

• environmental or heritage listings 

• Zoning and local planning info 

• Up-to-date rates and water charges 

 And importantly, these documents must be accurate and current at the time they’re provided. While buyers don’t have to sign the disclosure statement, it's best practice to get that confirmation of receipt. 

 This applies to all residential and commercial property sale contracts signed on or after 1 August 2025, even if the property was listed before that date. 

There are a few exceptions, such as transfers between family members or sales ordered by the court, but in most standard sales, the regime will apply. 

 So, what does this mean for you if you're buying a property? 

You’ll know more about the property upfront before signing anything. You can review legal, planning, and financial documents early in the process. If the seller fails to disclose something important or gets it wrong, you can potentially terminate the contract before settlement. 

The changes give buyers more power to avoid nasty surprises such as discovering too late Notices under the Building Act requiring work or money to be spent on the property, planning issues, or some other hidden expenses.  It also shares the cost of property enquiries a bit more evenly between the parties.

Buyers should also be aware that the disclosure statement does not cover everything. For example, it does not include information about:

• Flooding or natural hazard history

• Structural soundness or pest infestation

• Building or development approvals – including whether all structures on a property have been issued with final council approval

• Asbestos presence

• Utility connections

Buyers are encouraged to conduct their own due diligence, including building and pest inspections, flood searches, planning checks and searches on any other relevant matters.

Here’s the kicker for sellers – non-compliance can cost you the sale. 

If the disclosure is missing, incorrect, or misleading, the buyer can terminate the contract at any time before settlement. 

Even if everything else is going smoothly, an incorrect disclosure could bring the whole deal crashing down. 

And that means: 

• Lost time 

• Lost money 

• And for agents, lost commission 

So, what should sellers and agents do? 

1. Start early: Don’t wait until you’ve found a buyer. Gather your disclosure documents well before listing. 

2. Get expert help: Work with experienced property lawyers to prepare the disclosure statement. 

3. Stay updated: If your property stays on the market for a while, make sure your documents are reviewed and updated regularly. 

At MM Law, we understand how overwhelming these new requirements might feel. 

That’s why we offer tailored services to help you or your clients navigate the disclosure process accurately, efficiently, and with peace of mind. 

Whether you’re a seller, a buyer, or a real estate agent looking to protect your transactions, we’re here to help your sales run smoothly and to make sure no disclosure issue puts your deal at risk.  

Brigitte Thieltges | Senior Conveyancing Manager

MMLaw

The information in this document represents general information and should not be relied on for your specific circumstances. If you require legal advice and assistance on the matters contained or associated in this document you should contact MMLaw.