What Must You Disclose When Selling Gold Coast Property?
In short, when selling your Gold Coast home, you must legally disclose any facts about your property’s history or condition that could reasonably affect a buyer’s decision to purchase.
This means being upfront about things like flooding, structural issues, unapproved renovations, or anything else you know that is not immediately obvious. Being clear and honest protects you legally, builds buyer trust, and helps your sale go smoothly with fewer surprises later.
Selling Can Feel Overwhelming, But You Are Not Alone
If you are thinking about selling, you are probably picturing the excitement of moving on, attending open homes, and possibly even your next place. However, it is also normal to feel uneasy about what you need to disclose to buyers, especially if there is something about your home’s past that you would rather not highlight. You are not alone in this. Many Gold Coast homeowners share the same concern: What if I reveal too much and it ruins my sale?
The truth is, buyers today are more informed than ever. Between building and pest inspections, online searches, and buyer agents conducting their due diligence, most issues come to light sooner or later. The best approach is to take the lead, be upfront, seek solid advice, and address it before it becomes a bigger headache down the track.
Why Disclosures Matter So Much
Disclosures are not just a legal box to tick. They protect you. They make buyers feel safe. And they help stop deals from falling over at the last minute.
In Queensland, the law says you must disclose what lawyers call “material facts.” Put simply, this is anything about the property that could influence a reasonable buyer’s decision. Some facts are obvious; you can see them during an inspection. Others are hidden or historical. That is where you come in.
What Happens if You Do Not Disclose?
It is tempting to hope a buyer never finds out. But in reality, not disclosing can backfire badly. Buyers can pull out of the contract, demand compensation or, in extreme cases, sue you for misrepresentation.
A messy legal dispute can cost far more than any upfront price drop. Worse still, you might be forced to buy the property back. Most sellers would rather be open now than face litigation later.
Common Disclosure Categories on the Gold Coast
Let’s go through the big ones — so you know what might apply to you.
1. Environmental or Natural Hazards
The Gold Coast is beautiful but has its quirks. If your property has ever flooded, whether due to river flooding, flash flooding, or storm surge, you should disclose this, along with the measures taken to address the issue.
Bushfire-prone areas, especially homes near national parks, are also worth mentioning. If you are on the beachfront, coastal erosion or seawall issues are also important considerations.
2. Structural or Condition Issues
Have you experienced significant issues with the foundation, roof, or frame? Significant water leaks or persistent damp? Termite infestations that needed treatment? Mould issues? If you’re aware of it, please mention it.
Buyers do not expect a perfect house. They want an honest one. Explaining what happened and how you fixed it shows care and builds confidence.
3. Asbestos
Many older homes on the Gold Coast contain some asbestos. If you know where it is, be honest. Buyers do not expect you to rip out walls, but they do expect clarity.
4. Unapproved Structures
This catches more sellers than you might think. Sheds, carports, decks, and even a new room that was never signed off by the council. If you know it lacks approval, it is safer to disclose than to hope no one notices. Unapproved works can affect insurance, finance and resale value for the buyer.
5. Property’s Past Use
If your home has been used as a grow house, clandestine drug lab or the site of a serious crime, that is material. It is a hard fact, but honesty is critical here. These days, buyers will often find out anyway through police or council checks.
6. Neighbour Disputes or Boundaries
If you have an ongoing fight over a fence line or tree damage, be upfront. Also, explain any shared driveways or easements that affect how the property can be used.
7. Pool Safety and Smoke Alarms
Queensland law requires a current Pool Safety Certificate if you have a pool. Smoke alarms must also meet strict standards. These compliance points are legal requirements, not just nice extras.
Emotional Checkpoints for Homeowners
What if telling them knocks thousands off my price?
This is the big fear. It might, sometimes. But hiding it can cost you far more if the buyer discovers it after signing the contract. In my experience, buyers who perceive you as honest tend to remain more committed, even if they negotiate a bit.
How much detail is enough?
Be factual. Stick to what happened, what you did to fix it, and any paperwork you have. No need for long stories. If in doubt, your conveyancer or solicitor will be able to guide you on the wording.
What if I genuinely do not know something?
You cannot disclose what you do not know. Buyers also conduct their own building and pest inspections. Just do not turn a blind eye if you suspect an issue exists.
Can I just leave it to my agent?
Your agent helps communicate disclosures, but the legal duty is yours. A good agent, combined with a good conveyancer or solicitor, ensures you cover every base.
Practical Steps You Can Take Now
Even if you are not ready to list yet, a few quiet actions will give you a head start later.
- Walk through your home and yard with fresh eyes. Look for anything that might worry a buyer.
- Dig out old paperwork, building approvals, pest treatment invoices, and flood reports.
- Consider getting a pre-sale building and pest inspection. It is not mandatory, but it helps you know exactly what you are dealing with.
- If you have a pool, check your certificate. If it is out of date, book an inspection now.
- Chat with a local conveyancer or solicitor. Many offer a free first call. They will explain your duties and help you decide what is worth disclosing.
How Your Conveyancer/Solicitor and Agent Help
Your conveyancer or solicitor is your legal safety net. They review your title, read reports, and assist with clear word disclosures. They also draft your contract properly, so there is no confusion.
Your agent then works with this information. A good agent will communicate with buyers, highlighting how issues were resolved, and maintain calm and realistic negotiations. The goal is not to hide flaws but to manage them so you keep control of your sale.
What Most Agents Do Not Say Out Loud
While agents are focused on selling your property, some deeper aspects of disclosures may not always be fully explored.
You might not always hear about the full personal and financial repercussions of non-disclosure. Beyond a failed sale, the emotional stress and legal costs associated with a lawsuit for misrepresentation can be devastating. A truly ethical agent will make sure you understand these risks.
The nuanced definition of ‘material fact’ is often oversimplified. It’s not just about what’s physically wrong, but anything that could reasonably influence a buyer’s decision. This broader interpretation of disclosure is crucial for your protection.
The long-term trust built by honesty is an invaluable, often unquantified asset. A buyer who feels fully informed, even about minor issues, is more likely to proceed confidently and less likely to pursue action after settlement. This positive experience can also contribute to your agent’s reputation.
Finally, you may not always hear how a good agent can help frame disclosures in a positive light. Instead of just stating a past problem, they can highlight the solution and the improved condition. For example, “The property experienced a leak in 2020, fully repaired under insurance with a 10-year warranty, resulting in upgraded plumbing.” This approach turns a potential negative into a testament to property improvement.
You Do Not Have to Tackle This Alone
Selling your home is a big moment. It deserves careful handling, clear advice and a calm plan. Being upfront does not mean you give buyers a reason to run. It means you invite the right buyers to come forward, feel secure and move quickly to settlement.
When You Are Ready, Let’s Chat
There is no rush. Perhaps you are six months from listing, or maybe even more. Start by gathering your facts, asking your questions, and feeling prepared. When you’re ready to discuss next steps or confirm that your disclosures meet all the requirements, I’m always happy to chat. No pressure. No pushy sales pitch. Just an honest conversation about your home, your plans and gaining peace of mind.
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?
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Phone me now for a chat, Craig Douglas 0418 189 963
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Some of the suburbs that I proudly sell homes in:
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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
