What is a Qld Property Seller Disclosure Statement?
From 1 August 2025, all residential property sellers in Queensland will be legally required to provide a comprehensive Qld property Seller Disclosure Statement, before a buyer signs the Contract of Sale. This is not a mere formality. It is a significant shift in Queensland property law, designed to protect buyers, and it fundamentally changes how you must approach the sale of your property.
Are you planning to sell your home in Queensland in the near future? Then this is a must-read. A sweeping legal reform that transforms how property is sold in Queensland, and if you’re not prepared, you could lose your sale, or worse, there could be ongoing legal consequences.
What Is the Seller Disclosure Statement, and Why Does It Matter?
The Queensland Property Seller Disclosure Statement is a legally binding document that outlines key information about your property. It is designed to provide buyers with transparency and clarity before they make a purchase commitment. However, unlike previous informal disclosures, this statement must adhere to a strict legal format, supported by official documents and certificates.
What Must Be Disclosed in the Seller Disclosure Statement?
Your Seller Disclosure Statement must include:
- Easements and Encumbrances – Details about any rights others may have over your property, such as shared driveways or access paths.
- Zoning and Planning Restrictions – Including any heritage listings, future development limitations, or overlays that impact land use.
- Notices or Legal Disputes – Disclosures around past or present building notices, disputes with neighbours, council actions, or regulatory warnings.
- Leases, Agreements, and Tenancies – Any lease agreements or arrangements affecting possession or use of the property.
- Mandatory Certificates and Searches
The statement must be backed by prescribed certificates and official searches, which together form a complete disclosure package. These may include:
- Title search
- Registered plan
- Current or recent tenancy agreements
- Rates and water information
- Contaminated land status
- Pool safety certificate (if applicable)
- Smoke Alarm compliance
- Body corporate disclosure (for units or townhouses)
- Any unregistered encumbrances
- Road searches
- QCAT records
All this must be compiled and ready before the contract is even signed. Miss something, and your buyer could walk away, no matter how close you are to settlement.
Why This Significant Change? Ending the ‘Buyer Beware’ Era
For decades, Queensland’s property market operated under a “buyer beware” model. The buyer was expected to investigate the property thoroughly before signing. But that’s all changing under the new Property Law Act 2023.
Now, the legal burden is shifting from the buyer to the seller. The onus is on you, the property owner, to proactively disclose all relevant information upfront.
What’s at Risk If You Don’t Comply?
- Termination Rights: A buyer can cancel the contract at any time before settlement if the disclosure is incomplete or inaccurate. They’re entitled to a full refund of their deposit, even if it’s just days before settlement.
- Compensation Claims: In some cases, the seller may be financially liable for losses the buyer suffers due to inadequate disclosure.
- No Loopholes: You cannot avoid this obligation with special conditions or side agreements. There is no legal way to opt out of this.
How This Impacts Your Property Sale
No Disclosure = No Contract
Under the new law, a valid contract of sale cannot be formed unless the buyer receives the required disclosure documentation before signing. It’s as simple and serious as that.
Wrong or Outdated Information = Risk of Collapse
If your disclosure is incorrect, outdated, or incomplete:
- The buyer has the legal right to cancel without incurring any penalties.
- You may lose your sale, regardless of how far along you are in the process.
- You could face delays, legal costs, or compensation claims.
Even if the issue seems minor, such as forgetting to update your pool certificate or omitting a boundary easement, the consequences could be significant.
What Sellers Should Do Now: Simply Don’t Wait
With increasing legal obligations, it’s critical to prepare early. If you’re thinking of selling your property on or after 1 August 2025, now is the time to act.
✅ 1. Engage a Property-Savvy Conveyancer or Solicitor Early
Your solicitor will need time to gather all required searches, review titles, and help you compile a compliant Queensland property Seller Disclosure Statement. Don’t leave this until the last minute; it can take weeks to prepare correctly.
✅ 2. Be Open and Transparent
Your solicitor can only disclose what you inform them. Be upfront about everything you know, past insurance claims, neighbour disputes, building defects, renovations without permits, or any special agreements. If you’re unsure whether something must be disclosed, ask.
✅ 3. Review Everything for Accuracy
Once your statement is drafted, double-check it with your solicitor to ensure accuracy and completeness. Mistakes or outdated documents can cost you the sale. Accuracy is everything.
While the legal obligation lies with the seller, real estate agents should remain fully informed to effectively guide their clients. Helping sellers prepare early can avoid delayed listings, lost buyers, or cancelled settlements.
Buyers, too, will be savvier under the new rules; you can expect detailed questions, legal reviews, and stronger negotiation positions based on the disclosure content.
Don’t Let Disclosure Kill Your Sale
The Queensland property landscape is entering a new era of transparency. This legislation represents a significant step forward for consumer protection, but it requires a considerable increase in seller responsibility.
Whether you’re downsizing, selling an investment, or listing a family home, start your disclosure process early, work with professionals, and be thorough. A single oversight could mean the difference between a seamless sale, a terminated contract, or future litigation.
Need help preparing for the August 2025 changes? Consult a conveyancer or solicitor familiar with Queensland conveyancing to ensure your sale remains legally compliant and on track.
Frequently Asked Questions
Q1. What types of properties require a Seller Disclosure Statement?
All residential properties in Queensland, including houses, units, townhouses, and vacant residential land, must comply.
Q2. Can I use a standard contract without the disclosure?
No. A contract of sale is not valid unless the disclosure is provided before the buyer signs the contract.
Q3. Who prepares the disclosure documents?
Your solicitor or conveyancer should prepare the Seller Disclosure Statement and compile the required certificates, as they will be familiar with the requirements.
Q4. How long do the certificates remain valid?
Some searches are time-sensitive (e.g. rates, QCAT), so you must ensure your disclosure documents are current at the time of contract signing.
Q5. Can I be sued after the settlement for non-disclosure?
Yes. If you failed to disclose a material issue and the buyer suffers loss, you may face legal consequences, even after the property has been settled.
Author – Craig Douglas
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing property sales in Queensland are complex and subject to frequent changes. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document, you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
Are you ready for a casual chat about selling your Gold Coast home?
Let’s get you Selling
LET’S GET YOU SOLD!
Phone me now for a chat, Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
Some of the suburbs that I proudly sell homes in:
Palm Beach
This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight“.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
