What Are the Risks of Hiding Gold Coast Property Defects?
Hiding property defects on the Gold Coast carries serious legal and financial risks. Queensland law requires sellers to disclose key issues, such as structural problems or unapproved renovations. Failure to do so can lead to contract cancellation, legal action, and penalties. The Property Law Act 2023 enforces transparency through a mandatory disclosure form, making honesty essential to avoid legal trouble and protect your reputation.
If you’re starting to consider selling your Gold Coast home, it’s completely normal to feel a mix of curiosity, hesitation, and even a little overwhelm. You might be wondering what needs fixing, what buyers are looking for, or what you’d even do next.
Perhaps the market seems confusing, or maybe it just feels too early to make a commitment. That’s okay. Selling is a significant step, not just financially, but also emotionally. Whether you’ve lived in your home for five years or fifty, it holds memories, milestones, and meaning.
And one question that often comes up early in the process is this:
“What do I actually have to tell buyers about the condition of my home?”
Why Transparency Matters
When you’re selling your home, you’re not just handing over walls and a roof. You’re passing along a living space that someone else will make their own. Buyers want to feel secure in what they’re purchasing, and they have a legal right to know about anything that could materially affect the property’s value or use.
Being upfront is not only the right thing to do, it also protects you from problems down the line.
What Is a Material Fact?
In Queensland, a material fact is anything a reasonable person would want to know before buying a property. These are not minor cosmetic issues, but things that might influence a buyer’s decision to proceed or negotiate terms.
Examples include:
- Structural issues or past termite damage
- Flooding history or drainage problems
- Illegal renovations or building work without council approval
- Neighbourhood issues like zoning changes or development applications next door
- Any known contamination (like asbestos or methamphetamine residue)
If you know about it, and it could affect a buyer’s decision, it’s considered a material fact.
What Are Your Legal Obligations as a Seller in Queensland?
Under Queensland property law, sellers have a duty not to mislead or withhold material facts from buyers. This is especially important under the new Property Law Act 2023, which introduces a mandatory Form 2 Seller Disclosure Statement as of 1 August 2025.
This form requires you to provide accurate and truthful information about:
- Title and ownership
- Easements or encumbrances
- Zoning and land use restrictions
- Building and planning approvals
- Environmental or safety risks
This statement is a legal document, and giving false or incomplete information carries serious consequences.
What Happens If You Don’t Disclose?
Failing to disclose property defects on the Gold Coast can result in more than just a buyer walking away. In some cases, the consequences are legal and financial:
- Contract termination: Buyers can pull out if they discover undisclosed issues
- Legal action: You may be sued for misrepresentation or breach of contract
- Financial penalties: Court-ordered compensation can be significant
- Damage to reputation: Especially important if you own other property or operate in the business community
Some sellers mistakenly believe that “what they don’t ask, I don’t have to tell.” But that’s not how it works.
Silence on a serious issue can be treated the same as dishonesty.
Common Disclosure Mistakes Sellers Make
Even well-meaning sellers can overlook things that should be disclosed. Some common missteps include:
- Not disclosing unapproved extensions or granny flats
- Forgetting to mention past insurance claims or damage
- Hiding termite damage under furniture or rugs
- Assuming the buyer will find it in their own inspection
It’s better to address these things up front. In most cases, transparency won’t kill a sale, but a surprise discovery might.
How to Stay Compliant and Avoid Stress
Here are a few tips to make sure you’re covered:
- Get your paperwork together early: Council approvals, warranties, insurance documents, pest reports
- Talk to your solicitor or conveyancer: They’ll help complete the Form 2 Disclosure Statement properly
- Be honest with your agent: We can’t help if we don’t know
- Order pre-sale inspections: A building and pest report can surface issues before the buyer does
- Keep records of everything: Repairs, upgrades, quotes, invoices
Doing this now, even before you formally list, gives you time to fix small things or prepare clear explanations.
What You Don’t Hear from Most Agents
Some agents might gloss over the legal side of selling. They’ll talk price, talk promotion, talk about how fast they can get a result.
But what matters just as much is that the sale is clean, legal, and stress-free. Rushing a deal or brushing past disclosure can lead to regret, and sometimes legal drama you never saw coming.
My approach is simple: I’d rather you feel well-informed and in control than hurried and unsure. Selling your home isn’t just about getting the best price. It’s about making sure you’re protected too.
You Don’t Have to Decide Today
Thinking about selling your Gold Coast home doesn’t mean you need to act today. But getting informed now means that if or when the time comes, you’re not starting from scratch.
Here are a few low-pressure steps you can take:
- Ask for a free property update on sales in your area
- Get a sense of what your home might be worth
- Start gathering your documents
- Walk through your home and note anything you’d want to fix
If you’re not ready to talk yet, that’s fine. Keep this page handy. Come back to it when the time feels right.
And if you ever want a calm, confidential chat about where things stand, I’m here.
When You’re Ready, I’m Just Down the Road
Selling your Gold Coast home is a big move, and it deserves time, care, and honesty. If you’re thinking about it, even just thinking, you don’t have to do it alone.
There’s no pressure. No pushy sales pitch. Just straightforward, honest answers and local experience. Whenever you’re ready, I’m happy to talk.
THIS IS HOW YOUR JOURNEY TO A SUCCESSFUL GOLD COAST PROPERTY SALE STARTS
My simplified guide below will take you through a 20-step process for selling your property anywhere on the Gold Coast;
I proudly sell homes across the entire coast.
1. PREPARING YOUR GOLD COAST PROPERTY FOR SALE + SOME OF THE LEGAL REQUIREMENTS
- Tidying gardens and decluttering everything inside and out.
- All homes for sale, are legally required to have hardwired photoelectric, interconnected smoke alarms.
Non-removable 10-year battery smoke alarms can be installed as an alternative.
- By law, you are required to complete a pre-contractual seller’s disclosure statement: generally related to limitations, restraints, or defects in the property title, such as easements, covenants, leasing, zoning, etc.
- A pool safety certificate is also required if you have a swimming pool or if the property has a shared swimming pool (Body Corporate).
2. COMPARATIVE MARKET ANALYSIS REPORT FOR YOUR GOLD COAST PROPERTY
After showing me around your property, I will provide you with a Comparative Market Analysis (CMA) report. This is a detailed, legally required analysis of your home’s market value.
The CMA is based on recently sold and for-sale properties similar to yours in the immediate area. I will need to view your home to prepare this report.
3. SETTING A MARKETING BUDGET FOR YOUR GOLD COAST HOME
The third step in selling your home is to create a marketing budget.
By law, this must be based on actual costs.
There are various marketing options to consider, such as:
– Internal, External and Drone Photography.
– Property and House Plans show potential buyers the exact layout of your home and property.
– Internet Advertising on platforms such as RealEstate.com.au, Domain.com.au, Facebook.com, Instagram.com, etc.
– For Sale Sign on the street is still essential to attracting potential buyers. Even though many buyers start their search online, they often drive around neighbourhoods to see what’s available.
A simple fact: Not having a For Sale sign can significantly reduce the number of people who see your property and may be interested in buying it.
4. PREPARING AND APPROVING THE FORM 6 AGREEMENT WHEN SELLING A GOLD COAST PROPERTY
A Form 6 Agreement is a document provided by the Queensland State Government. It outlines all relevant details of the property sale, including the marketing budget.
Our administration team will prepare this form for you and send it for your review and approval.
5. PAYING THE MARKETING BUDGET FOR YOUR GOLD COAST PROPERTY
Once you have approved the Form 6 Agreement, the next step is to pay for the marketing budget that you have chosen.
6. STARTING THE ADVERTISING PROCESS
Once your payment is received, the advertising campaign will commence.
Advertising strategies will align with the choices you made within your marketing budget.
7. MONITORING MARKET RESPONSE
If your property hasn’t received offers within 30 days, don’t assume there’s no interest.
It often means the price isn’t aligned with what buyers are willing to pay at this time.
This is your signal to review and adjust your pricing strategy so your home remains competitive and receives the attention it deserves.
8. ARRANGING BUYER VIEWINGS
When buyers express interest in your property, viewings will be arranged to allow them to see your home in person; you need to be away from the property during these viewings.
This helps potential buyers feel relaxed and visualise themselves as the new owners, thereby forming a deeper connection with your property.
9. CONSIDERING A BUYER’S OFFER
When you receive an offer on your home, it means a buyer is serious and ready to move forward at a certain price.
This is a key moment in your selling journey. Take the time to go over the offer carefully.
Look beyond the price; check the terms, conditions, and settlement timeframes. Make sure it works for you before accepting, countering, or declining.
10. ACCEPT, COUNTER, REJECT
When an offer is presented, you will need to respond by accepting, countering, or rejecting it.
Accepting locks in the agreed-upon price and terms.
Countering proposes changes and initiates further negotiations. If countering, present revised terms clearly; open, respectful communication is key for a smooth sale.
Rejecting means the offer is unacceptable; in this case, respond promptly and professionally, explaining your reasoning for the decision.
11. YOUR LEGALITIES
When you finally accept an offer, you will engage your conveyancer or solicitor to facilitate the legal requirements to complete the sale.
If you are part of a Body Corporate, you will need to provide a Disclosure Statement from them.
Your solicitor will use PEXA to settle your property. Part of the process requires Verification of Identity. Also, anyone selling a property must complete an ATO Clearance Certificate.
12. BUYER’S DEPOSIT
The buyer’s deposit is a crucial step in the property purchase process; it will be held in the agency’s Trust account.
This is a tangible expression of the buyer’s commitment to purchase your property.
13. BUILDING AND PEST INSPECTIONS
Typically, a buyer will arrange for a building and pest inspection report to be completed, usually within 14 days of the contract date.
Additionally, they may have the contract subject to finance, which is generally applicable for 21 days from the contract date.
14. COMPLETING YOUR GOLD COAST PROPERTY SALE
Based on the outcome of the building and pest inspection report, as well as any finance being sought, the buyer will proceed with their offer or withdraw it.
At this point, the sale either falls through or becomes unconditional.
15. LOOKING FOR YOUR NEW PROPERTY
If the sale becomes unconditional, it is time to start looking for a new property. Remember, there is no need to rush.
It is essential that you take your time, as this needs to be a very considered purchase.
Your new home is of substantial value and can be costly if you change your mind. Something you may want to investigate is Short-Term Bridging Loans.
16. ALTERNATIVES YOU SHOULD CONSIDER
An alternative to seriously consider when deciding where to live between selling and buying is renting while you look for a new property.
Renting for a short period gives you breathing room; it allows you time to clear your head, make a confident, considered decision, and ultimately buy where you truly want to live, with no pressure or panic.
17. TIME FOR YOU TO MOVE
Leaving your home opens doors to a new chapter full of new beginnings. Embrace the excitement of a fresh start and cherish the memories you’ve made.
Every box you pack brings you one step closer to a new adventure full of possibilities that lie ahead.
18. YOUR SALE CONCLUDES
The culmination of the property sale is settlement; it marks the transfer of the property to the new buyer.
As the final chapter concludes, this marks a sense of achievement: your property has now SOLD.
19. YOUR FUTURE OPTIONS
If you have chosen to rent, you will continue to look for and eventually purchase a property, apartment, or perhaps even buy land and build; now there’s something to consider.
20. TIME TO UNWIND AND MAKE YOUR NEW HOME YOUR OWN
As you unpack and furnish your new home, embrace the gradual process of creating your haven.
Enjoy the transformation, one room at a time.
Relax in the tranquillity of your surroundings and immerse yourself in the gentle sounds of your new neighbourhood.
Explore the nearby parks and cafes; enjoy the unique charm of your new community.
Remember, settling in is a journey in itself; it’s not a race. Embrace the process of creating a home that reflects your unique style and personality.
Whether you’re downsizing, relocating or just ready to move on, I’ll guide you through every step of selling your Gold Coast home with confidence and ease.
Navigating the intricacies of selling your property can be complex, but it doesn’t have to be.
My 20-step guide provides a simplified general overview; as you would naturally expect, your steps may vary.
Author – Craig Douglas
Are you ready for a conversation about selling your Gold Coast home?
Let’s get you Selling
LET’S GET YOU SOLD
Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
You can find me working at a Boutique Real Estate Agency
These are just some of the suburbs that I proudly sell homes in:
Tugun Heights
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 the sale of property in Queensland are complex and constantly changing. 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.
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
