Seller Disclosure FAQ

Introduced under the Property Law Act 2023, the new statutory regime requires that a seller must provide a buyer with:

• a signed seller disclosure statement for the property; and
• copies of any applicable prescribed certificates, before the purchaser signs the sale contract.

It applies to all sales of freehold properties with exception for off the plan sales.

When does seller disclosure commence?

All contracts executed from 1 August 2025 will require the seller’s disclosure to be completed and provided to the buyer. If you are thinking of listing your property after 30 June 2025, we recommend that the seller’s disclosure be prepared rather than take any risk if the property was on the market for longer than four weeks.

What is included in the disclosure statement?

There are two key parts that make up the seller disclosure statement. The first is the Form 2, a prescribed form, that is completed by the seller. The second part attaches searches based on the answers on the form. The disclosure is separated into more than 5 segments:

1. Seller and property details

• Vendor’s name, lot address, lot-on-plan description;
• Whether the lot is included in a community titles scheme or Building Unit and Group Titles Act 1980 (Qld);

2. Titles, encumbrances and tenancy or rooming accommodation

• Title search and plan of survey
• Registered encumbrances
• Any unregistered encumbrances (eg. unregistered lease or mortgage)
• Statutory encumbrances
• For rental properties, when the most recent rent increase occurred