New Seller Disclosure Obligations Commence 1 August 2025 – What You Need to Know

New Seller Disclosure Obligations Commence 1 August 2025 – What You Need to Know

Home » Conveyancing

New Seller Disclosure Obligations Commence 1 August 2025 – What You Need to Know

Author: Stephanie Tran

}

3 min read

29 May 2025

Share:

  • r
    Key Takeaways
  • New laws from 1 August 2025 require Queensland residential property sellers to provide a signed Seller’s Disclosure Statement before contract signing.
  • Failure to comply can result in contract termination, full refund to the buyer, and potential legal claims.
  • Agents can assist, but accuracy, timing, and completeness are critical to ensure a valid contract.
  • Early legal advice is essential to prepare a compliant Disclosure Statement and protect your transaction.

Stay Up-To-Date

Subscribe to receive updates specific to your preferences

Subscribe

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.

Areas of Expertise

Conveyancing
Property & Projects
Related Posts:
Conveyancing update: upcoming mandate for e-conveyancing in Queensland

Conveyancing update: upcoming mandate for e-conveyancing in Queensland

Home » Conveyancing

Conveyancing update: upcoming mandate for e-conveyancing in Queensland

Author: Hillhouse Legal Partners

}

2 min read

28 Nov 2022

Share:

  • r
    Key Takeaways
  • The mandate will apply to all eligible electronic conveyancing subscribers.
  • An individual who is not a subscriber and is not represented by either an Australian legal practitioner or incorporated legal practice for the purpose of completing a transaction to which the instrument relates is not required to comply with the mandate.
  • Various circumstances are prescribed where an instrument (document) is exempt from being lodged or deposited via an electronic lodgment network (ELN).

Stay Up-To-Date

Subscribe to receive updates specific to your preferences

Subscribe

The Land Title Regulation 2022 (Qld) will commence on 20 February 2023. The regulation provides that in Queensland, the following instruments (documents) must be lodged via an Electronic Lodgment Network (ELN):

  • A transfer – being the Form 1 (Transfer) and Form 24 (Property Information – Transfer) required by Titles Queensland to effect the transfer of property from one party to another;
  • A mortgage or release of mortgage;
  • A caveat or request to withdraw a caveat – a caveat partially “freezes” the title to a property by preventing the registration of certain dealings over the property;
  • A priority notice, a request to extend a priority notice, a request to withdraw a priority notice – a priority notice puts third parties on notice that the priority notice holder intends to lodge a dealing on the title at a later time, and also acts to partially “freeze” the title to the property; and
  • An application to be registered as a personal representative for a registered owner of a lot who has died. 

The mandate applies to everyone except those who are not subscribers to an ELN and do not have a solicitor or law firm acting for them. 

Various circumstances are prescribed where an instrument is exempt from being lodged or deposited via the ELN. These include:

  • Where the ELN does not have the functionality to facilitate the lodgment or if technical difficulties prevent the instrument from being lodged or deposited;
  • Where the instrument gives effect to a transaction that is not an ELN lodgement or ELN transfer as defined under section 156D of the Duties Act 2001 (Qld). For example, transfers of land that are exempt from duty due to an earlier agreement for the transfer do not satisfy the definition of a ELN lodgement or ELN transfer and are therefore exempt; and
  • As a transitional provision, a required instrument that was executed in hard copy before 20 February 2023 cannot be lodged or deposited with an ELN. 

Our firm are current longstanding subscribers to PEXA and have settled many properties using the platform. We will be welcoming the mandate coming into effect in February 2023.

If you require any assistance with a conveyancing matter, please contact us by email or phone 07 3220 1144. We are here to help.

Areas of Expertise

Conveyancing
Government
Related Posts:
Residential Tenancy Law Reform in Queensland – what landlords and tenants need to know

Residential Tenancy Law Reform in Queensland – what landlords and tenants need to know

Home » Conveyancing

Residential Tenancy Law Reform in Queensland – what landlords and tenants need to know

Author: Hillhouse Legal Partners

}

4 min read

9 Nov 2022

Share:

  • r
    Key Takeaways
  • On 1 October 2022, numerous changes to Queensland residential tenancy laws commenced under the Housing Legislation Amendment Act 2021.
  • The changes were introduced to better regulate leased properties across the State and increase obligations of landlords in certain respects.
  • If you own a residential investment property that is tenanted, it is important you are aware of these changes and the further changes coming into effect next year.

Stay Up-To-Date

Subscribe to receive updates specific to your preferences

Subscribe

On 1 October 2022, numerous changes to Queensland residential tenancy laws commenced under the Housing Legislation Amendment Act 2021 (amending the law under the Residential Tenancies and Rooming Accommodation Act 2008). These changes were introduced to better regulate leased residential properties across the State and increase obligations of landlords in certain respects. They have been described by Minister for Communities and Housing as “the final step that enlivens to the important Stage 1 Rental Law Reforms passed by the Parliament in 2021”.[1] 

For tenants, the changes mean increased protections in ending tenancies, and it is now easier for tenants to keep pets. For landlords, increased repair and maintenance obligations have been introduced which align with the staggered introduction of Minimum Housing Standards from 1 September 2023 discussed further below. 

Minimum Housing Standards 

The Minimum Housing Standards (‘Standards’) will apply to new leases entered into from 1 September 2023 and all tenancies from 1 September 2024. According to Minister Enoch, the Standards will “help to ensure all Queensland rental properties meet basic safety, security, and functionality standards”[2]. The Standards will require tenanted premises to be, amongst other things: 

  • weatherproof and structurally sound; and
  • free from pests, damp and mould. 

Fixtures and fittings of the premises must also be in good repair. 

Under the commenced changes, tenants must return the entry condition report for the premises within 7 days of occupying the premises, and can authorise emergency repairs up to the equivalent of four weeks’ rent. 

If you own a residential investment property that is tenanted, it is important you are aware of these changes and those associated with the upcoming implementation next year. Now is the time to plan ahead for any work that may be needed to comply with the Standards and the legislation by 1 September 2023. 

If you own a property in a community titles scheme, you should aim to clarify your personal obligations as owner with the body corporate prior to the Standards being enforced in September 2023. The new regulations may cultivate disputes in body corporate schemes as to who is responsible for what – the owner or the body corporate, and therefore it is important owners think ahead.

Ending tenancies

From 1 October 2022, landlords are no longer able to end tenancies ‘without grounds’. However, tenants are able to end tenancies in this manner. Tenants can also end tenancies in situations where the property is not in good repair or fails to meet the Standards. 

There will be new grounds for property owners to end tenancies, including ending a fixed term agreement: 

  • for undertaking significant repair or renovation;
  • for change of use; or
  • in preparation for sale of the property. 

However, where there has been a serious breach of a lease by a tenant, landlords will have to seek an order from QCAT to terminate the tenancy. 

Pets 

The changes will make it easier for tenants to keep pets. The tenant can seek the owner’s consent, and owners can only refuse a request to keep a pet on identified reasonable grounds. For example, if keeping the pet would be in breach of the law or applicable by-laws. Consent may be subject to conditions such as only keeping the pet outside. If property owners do not respond to requests within 14 days, consent will be implied. 

If you would like further guidance around the reforms and their effect on your personal circumstances, please contact us by email or phone 07 3220 1144. Likewise, if you require assistance with another property-related matter, we can certainly assist.

[1] https://statements.qld.gov.au/statements/94557.

[2] https://statements.qld.gov.au/statements/94557.

Areas of Expertise

Building & Construction
Conveyancing
Government
Property & Projects
Related Posts:
Sunset clauses and early release of deposits

Sunset clauses and early release of deposits

Home » Conveyancing

Sunset clauses and early release of deposits

Author: Hillhouse Legal Partners

}

3 min read

25 Oct 2022

Share:

  • r
    Key Takeaways
  • An “off the plan” contract is a sale contract for a lot that does not yet exist - usually a vacant block of land in a housing estate that is yet to be subdivided, or a proposed lot under construction in a community titles scheme.
  • Public feedback pertaining to “off the plan” contracts is currently under review by the Queensland Government.
  • Once the feedback is assessed, potential change to the use of sunset clauses by developers (in their capacity as seller) to terminate the contract and the early release of deposits prior to settlement may be implemented.

Stay Up-To-Date

Subscribe to receive updates specific to your preferences

Subscribe

As part of the Queensland Government’s Property Law Review currently underway, two online surveys were released (one for consumers and one for developers) regarding issues around residential off-the-plan contracts. Feedback received from those surveyed will be reviewed and assessed over the coming months.

In an effort to respond to concerns of buyers of “off the plan” properties, particularly given the rapid rate of migration of interstate residents to Queensland during the peak of Covid-19, the Government identified two key issues for public feedback: 

  1. The use of sunset clauses by developers (in their capacity as seller) to terminate the contract; and
  2. Early release of deposits from a trust account to developers (sellers) prior to settlement, termination or finalisation of the contract. 

To provide context, an ‘off the plan’ residential property sales contract typically refers to a contract for a proposed lot, such as: 

  1. a vacant block of land in a new housing estate; or
  2. a proposed lot to be included in a community titles scheme, such as an ‘under construction’ apartment in a multi-storey building. 

An ‘off the plan’ contract should contain a ‘sunset clause’ which is a term in the contract allowing a buyer and/or seller to terminate the contract if the contract does not settle by a specified date. 

For a vacant block of land, section 14(1) of the Land Sales Act 1984 (Qld) states that the seller of a proposed lot must settle the contract for the sale of the lot not later than 18 months after the buyer enters into the contract for the sale of the lot. 

For a proposed lot in a community titles scheme, the Body Corporate and Community Management Act 1997 (Qld) allows for settlement to occur up to 5.5 years from the date of the contract.

Whilst those dates are the maximum, they can be reduced under the terms of a particular contract if the buyer and seller agree to do so. 

In ‘off the plan’ contracts, settlement can only occur once the proposed lot is registered. Typically, settlement will occur 14 or 21 days from registration of the plan. 

Given the technical considerations and complex requirements in property law, the Government is consulting with community and industry stakeholders to ensure solutions developed as part of the Property Law Review address relevant issues at hand, without producing unintended consequences. 

If you are considering purchasing ‘off the plan’, require a contract review or would like to know more about purchasing registered or unregistered property, please do not hesitate to contact us at email or call 07 3220 1144.

Areas of Expertise

Building & Construction
Conveyancing
Government
Property & Projects
Related Posts:
Foreign Investment Review Board (FIRB) Approval – When Does It Apply?

Foreign Investment Review Board (FIRB) Approval – When Does It Apply?

Home » Conveyancing

Foreign Investment Review Board (FIRB) Approval – When Does It Apply?

Author: Hillhouse Legal Partners

}

3 min read

8 Sep 2022

Share:

  • r
    Key Takeaways
  • FIRB approval is mandatory for a foreign acquirer to purchase or invest in residential land in Australia.
  • FIRB approval includes non-Australian residents/ citizens, trustees of a trust in a foreign entity and a corporation that dominated by foreign shareholders.
  • Exemptions to FIRB approval includes Australian citizens/ permanent residents & New Zealand citizens etc.

Stay Up-To-Date

Subscribe to receive updates specific to your preferences

Subscribe

FIRB approval is mandatory when someone is a foreign acquirer and wishes to purchase or invest in residential land in Australia. It is critical that those who fall into categories requiring FIRB approval comply with all FIRB requirements.

 There are standard terms in REIQ contracts (residential and commercial) which assume that a buyer warrants that FIRB approval does not apply to the Contract. In the event this warranty is breached, the Seller can terminate the Contract. A purchaser must provide notice if they are subject to FIRB approval and follow the procedure as per the standard terms of the Contract to obtain approval.

 Who must apply for FIRB approval?

 A buyer of residential land in Queensland may be a foreign acquirer if they fall into one of the following categories:

 A person who is not a permanent resident of Australia or an Australian citizen; or

  1. A corporation where one or more of the following holds a “substantial interest” in the corporation:
    1. An individual not ordinarily resident in Australia; and/or
    2. A foreign corporation; and/or
    3. A foreign government; or
  2. A trust where a trustee of the trust is a foreign entity. 

Exemptions to FIRB approval

 There are certain persons who do not need FIRB approval prior to purchasing residential real estate in Australia. These include:

 Australian citizens;

  1. New Zealand citizens;
  2. A holder of an Australian permanent resident visa;
  3. An individual purchasing property (as joint tenants) with their Australian citizen spouse, New Zealand citizen spouse, or Australian permanent resident spouse. Note this exemption does not include purchasing property as tenants in common.
  4. An Australian corporation that would not be foreign if interests directly held in it by Australian citizens living abroad, Australian permanent visa holders, or New Zealand citizens were disregarded;
  5. The trustee of a trust, if at the time of the acquisition, the trustee would not be a foreign person if interests directly held in it by Australian citizens living abroad, Australian permanent visa holders, or New Zealand citizens were disregarded; or 
  6. A charity operating in Australia primarily for the benefit of persons ordinarily resident in Australia. 

Exempt actions

 FIRB is also not required if acquired by a foreign person, regardless of citizenship or residency, if the real estate to be acquired is one of the following:

A new (or near-new) dwelling purchased from a developer that holds a new (or near-new) dwelling exemption certificate that allows the developer to sell dwellings in the specified development to foreign persons. The foreign person should ask, or have their legal representative ask for a copy of the exemption certificate for the development in which they are intending to purchase to determine if it covers their intended purchase. 

  1. An aged care facility, retirement village, or certain student accommodation provided the interest is not above the relevant threshold;
  2. A timeshare scheme where the foreign person’s total entitlement (including any associates) to access the land is no more than four weeks in any year; 
  3. Acquired by will or devolution of law; 
  4. Acquired directly from the Commonwealth, a State, a Territory, or local governing body, or an entity wholly owned by the Commonwealth, a State, a Territory, or a local governing body; and 
  5. An interest in certain residential real estate in designated Integrated Tourism Resorts. 

It is imperative that “foreign purchasers” for the purposes of applicable legislation are aware of their obligations when purchasing land in Queensland and the relevant applicable fees for their circumstances. 

 If you require assistance with a conveyancing or property matter and require guidance around FIRB requirements, please contact us for further information.

Areas of Expertise

Conveyancing
Related Posts: