From 1 August 2025, Queensland will introduce a new statutory seller disclosure regime that significantly reshapes the landscape for residential property sales across the state. Under the new laws, sellers will be required to provide prospective buyers with a Seller’s Disclosure Statement before the buyer signs the contract of sale.

What is the Seller’s Disclosure Statement?

The Seller’s Disclosure Statement is a formal, legally mandated document that outlines key information about the property being sold. It is designed to provide buyers with a clear and accurate picture of the property prior to entering a contract —reducing the risk of hidden issues and shifting the burden away from the buyer to conduct extensive investigations.

The Statement must be signed by the buyer before they sign the contract and must be accompanied by a prescribed list of certificates and searches. These include (but are not limited to):

• Current title search
• Registered plan
• Details of registered and unregistered encumbrances
• Details of unregistered leases or private agreements (written or verbal)
• Contaminated land search (where applicable)
• Pool safety certificate (if relevant)
• Local authority road searches
• QCAT proceedings search
• Heritage listing information
• Tenancy agreements
• Current rates and water notice amounts
• Body corporate information, including Community Management Statement (CMS), if applicable

Put simply, the Seller’s Disclosure Statement must be comprehensive, accurate, up-to-date, and complete.

Why Is This Change Being Introduced?

Historically, Queensland has followed a ’buyer beware’ approach—placing the onus on the buyer to uncover issues by conducting searches before or after signing the contract. That approact will no longer suffice under the new laws.

The new disclosure regime reverses this position, placing a statutory obligation on sellers to proactively disclose relevant information. Failure to comply carries serious consequences.

What Happens If Sellers Get It Wrong?

If a seller fails to provide a valid and complete Seller’s Disclosure Statement before the contract is signed, the buyer has the right to:

• Terminate the contract at any time before settlement
• Receive a full refund of the deposit and other monies paid
• Potentially claim compensation for losses caused by the non-disclosure

Importantly, there is no ability to contract out of the requirement. Even if a buyer agrees to waive their right to receive the Statement, such provisions are void and unenforceable.

While limited exemptions apply (such as transfers between related parties), most residential property transactions will be subject to the new regime and must comply.

What Does This Mean for Agents?

Agents play a pivotal role under the new regime. A seller may authorise their agent to prepare and provide the Disclosure Statement on their behalf—but timing, accuracy, and completeness are critical.

• No Disclosure Statement = No valid contract
• Incorrect Statement = Risk of termination and legal consequences
• Outdated Statement = Delays, disputes, or grounds for termination

This change highlights the importance of early preparation and collaboration between sellers, agents, and legal representatives.

How Can We Help?

We understand that the new disclosure regime is extensive and introduces increased responsibilities for both sellers and agents. Our experienced property law team is here to help you navigate the process—from preparing compliant Seller’s Disclosure Statements to ensuring all necessary certificates and searches are in order from the outset.

Avoid unnecessary risk and delays—Let us help safeguard your property transaction.

If you need further information or support preparing a compliant Disclosure Statement, reach out to our experienced property legal team today.  We’re here to guide you through the changes with confidence.