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What You Need To Know About The New Seller Disclosure Statement (Form 2)

Queensland’s property law is about to change significantly. From 1 August 2025, a new legal regime will require all residential property sellers to provide buyers with a Seller Disclosure Statement (Form 2) before a contract is signed.


This reform, introduced under the Property Law Act 2023 (Qld), marks a shift toward increased transparency and aligns Queensland with other Australian states that already have similar disclosure requirements.


If you're a property owner, real estate agent, or conveyancer in Queensland, this will impact you.


In This Article:


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Why Is The Law Changing?


The Property Law Act 2023 (Qld) will replace the 50-year-old Property Law Act 1974. This long-awaited reform follows years of consultation with legal experts and industry professionals.


One of the most significant changes is the introduction of a mandatory seller disclosure regime, requiring sellers to proactively provide buyers with key information about the property before a contract is signed.


While this approach is common in other states, it represents a major change in Queensland, where sellers were previously only required to disclose limited information upfront.


What Is The New Seller Disclosure Statement (Form 2)?


The new Form 2 Seller Disclosure Statement is a 7-page legal document that outlines a range of details about the property being sold. This document must be signed by the Seller and provided to the Buyer before they enter into a contract of sale.


It must include:

  • A copy of the title search;

  • A copy of the plan of survey;

  • Details of registered and unregistered encumbrances;

  • Any residential tenancy agreements;

  • Latest council rates and water notices;

  • Zoning and land use information;

  • Notices regarding resumption, contamination, tree orders, heritage listings, or owner-builder work;

  • Any relevant government or court-issued orders (QCAT); and

  • a Community Management Statement and a Body Corporate Certificate (For properties part of a body corporate).


While the new Seller Disclosure Statement is more thorough and wide-ranging than previous disclosure requirements, it is not comprehensive. For example, flooding history is not included, and we still recommend that buyers conduct their due diligence to ensure they are satisfied with the property in all regards.


Summary Of The Form 2


The Seller Disclosure Statement (Form 2) is clearly broken up into sections, making it easier to navigate for buyers, real estate agents and lawyers alike. Let's explore what each section includes.


Part 1: Basic Details


Part 1 includes the seller's name/s, property address, lot/plan description, and whether the property is part of a CTS or BUGTA scheme.


Part 2: Documents & Encumbrances


This part includes:

  • Title search;

  • Survey plan;

  • Details of any registered, unregistered or statutory encumbrances;

  • Any tenancy leases or agreements, and details including rent increase history


Part 3: Land Use & Environmental Factors


This part includes zoning, resumptions, contamination, heritage listings, and tree orders.


It also includes information and further reading about flooding and vegetation notices, but does not require disclosure from the seller in this regard.


Part 4: Building & Structures


This part covers everything to do with the physical dwelling on the land, including:


  • Structural soundness and asbestos disclaimers;

  • Swimming pool safety certificates and notices;

  • Owner-builder and/or unlicensed building work

  • Notices or orders from authorities

  • Commercial energy efficiency certificates (for applicable buildings)


Part 5: Rates & Utilities


This part will require a copy of the most recent council rates and water charges for the property, including the amount and period covered.


Part 6: Community Titles (If Applicable)


Where the property is part of a community titles scheme or a BUGTA scheme, this Part must be completed.


Sellers must now provide a Body Corporate Certificate, which replaces the former Section 206 Disclosure Statement. This certificate must be obtained from the Body Corporate and is more comprehensive.


Why This Matters: Consequences of Non-Compliance


Failing to comply with the new disclosure requirements can have serious consequences for sellers, including giving buyers the right to terminate the contract, right up until settlement.


The Bottom Line:

If the Seller Disclosure Statement is:

  • Not provided,

  • Missing required certificates,

  • Incomplete, or

  • Inaccurate,

the buyer may have the right to terminate the contract.


Missing Documents:

If documents are missing, the buyer can terminate regardless of whether the issue materially affects the property.


Inaccuracies or Omissions:

If the buyer terminates based on inaccurate information or incomplete or omitted information, the buyer must show that:

  • The issue relates to a material matter;

  • They were unaware of it when signing; and

  • They would not have signed had they known.


This differs from previous frameworks, and introduces more risk for sellers and their agents.


Limited Exceptions


There are some exceptions to the disclosure requirement, including:

  • Transfers between related parties

  • Sales to government bodies

  • Co-owner transfers or boundary realignments

  • Sales following exercise of a genuine option agreement

  • Properties with a sale price over $10 million


Note: Some exceptions are not automatic and require a waiver from the buyer. For option agreements, if the buyer nominates another purchaser, additional disclosure must still be provided before the option is exercised.


Importantly, the new regime does not currently apply to off-the-plan sales or unregistered lots.


Risks And Implications For Sellers


The new seller disclosure regime represents a significant shift in responsibility and legal risk onto sellers. Unlike the previous disclosure requirements, sellers are now required to proactively investigate and disclose a wide range of information before a contract is signed.


This means greater legal obligations, potential liability for errors or omissions, and the risk of losing a sale if the disclosure is incomplete or inaccurate.


Key considerations sellers should keep in mind:


  • Increased Costs

    Sellers will need to order multiple property searches upfront. Sellers should expect search costs for a typical property to range from $200 - $300, plus professional fees.


  • Potential Delays

    Sellers can’t sign a contract until a complete and accurate disclosure statement is ready. Searches must be current, so they’ll often be ordered only once serious buyer interest arises.


  • Delays From Third Parties

    Authorities and bodies corporate (especially self-managed schemes) may delay issuing required documents. The Body Corporate Certificate is more complex than the old Section 206 Disclosure Statement, and may take more time to obtain.


  • Risk Of Contract Termination

    Buyers may use non-compliance to terminate transactions.


  • Shift In Who Prepares Contracts

    Given the increased legal complexity, real estate agents may move away from preparing contracts themselves, returning that responsibility to solicitors and other legal professionals.


How RHC Solicitors Can Help


At RHC Solicitors, we’re already working with clients across Queensland to prepare for this legislative change.


We can assist with:

  • Preparing and reviewing Form 2 Seller Disclosure Statements

  • Advising on what must be included

  • Coordinating the necessary property searches and certificates

  • Minimising risk of non-compliance or termination

  • Handling the contract process from start to finish with our affordable conveyancing service


Although the changes won’t take effect until 1 August 2025, we strongly recommend familiarising yourself with the new requirements now. That's why we're engaging our local network of real estate agents and developing new processes to make this transition as simple and affordable as possible for our clients.


If you have any questions or want to discuss how we can help you with your sale, don't hesitate to contact our friendly and experienced team on 07 3209 7000.




Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication is that of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.


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