What is a Qld Property Seller Disclosure Statement?
From 1 August 2025, all residential property sellers in Queensland will be legally required to provide a comprehensive Qld property Seller Disclosure Statement, BEFORE a buyer signs the Contract of Sale.
This is not a mere formality. It is a significant shift in Queensland property law, designed to protect buyers, and it fundamentally changes how you must approach the sale of your property.
Are you planning to sell your home in Queensland in the near future? Then this is a must-read. It is a sweeping legal reform that transforms how property is sold in Queensland, and if you’re not prepared, you could lose your sale, or worse, there could be ongoing legal consequences.
What Is the Seller Disclosure Statement, and Why Does It Matter?
The Queensland Property Seller Disclosure Statement is a legally binding document that outlines key information about your property.
It is designed to provide buyers with transparency and clarity before they make a purchase commitment.
However, unlike previous informal disclosures, this statement must adhere to a strict legal format, supported by official documents and certificates.
What Must Be Disclosed in the Seller Disclosure Statement?
Your Seller Disclosure Statement must include:
- Easements and Encumbrances – Details about any rights others may have over your property, such as shared driveways or access paths.
- Zoning and Planning Restrictions – Including any heritage listings, future development limitations, or overlays that impact land use.
- Notices or Legal Disputes – Disclosures around past or present building notices, disputes with neighbours, council actions, or regulatory warnings.
- Leases, Agreements, and Tenancies – Any lease agreements or arrangements affecting possession or use of the property.
- Mandatory Certificates and Searches
The statement must be backed by prescribed certificates and official searches, which together form a complete disclosure package. These may include:
- Title search
- Registered plan
- Current or recent tenancy agreements
- Rates and water information
- Contaminated land status
- Pool safety certificate (if applicable)
- Smoke Alarm compliance
- Body corporate disclosure (for units or townhouses)
- Any unregistered encumbrances
- Road searches
- QCAT records
All this must be compiled and ready BEFORE the contract is even signed. Miss something, and your buyer could walk away, no matter how close you are to settlement.
Why This Significant Change? Ending the ‘Buyer Beware’ Era
For decades, Queensland’s property market operated under a “buyer beware” model. The buyer was expected to investigate the property thoroughly before signing. But that’s all changing under the new Property Law Act 2023.
Now, the legal burden is shifting from the buyer to the seller. The onus is on you, the property owner, to proactively disclose all relevant information upfront.
What’s at Risk If You Don’t Comply?
- Termination Rights: A buyer can cancel the contract at any time before settlement if the disclosure is incomplete or inaccurate. They’re entitled to a full refund of their deposit, even if it’s just days before settlement.
- Compensation Claims: In some cases, the seller may be financially liable for losses the buyer suffers due to inadequate disclosure.
- No Loopholes: You cannot avoid this obligation with special conditions or side agreements. There is no legal way to opt out of this.
How This Impacts Your Property Sale
No Disclosure = No Contract
Under the new law, a valid contract of sale cannot be formed unless the buyer receives the required disclosure documentation before signing. It’s as simple and serious as that.
Wrong or Outdated Information = Risk of Collapse
If your disclosure is incorrect, outdated, or incomplete:
- The buyer has the legal right to cancel without incurring any penalties.
- You may lose your sale, regardless of how far along you are in the process.
- You could face delays, legal costs, or compensation claims.
Even if the issue seems minor, such as forgetting to update your pool certificate or omitting a boundary easement, the consequences could be significant.
What Sellers Should Do Now: Simply Don’t Wait
With increasing legal obligations, it’s critical to prepare early. If you’re thinking of selling your property on or after 1 August 2025, now is the time to act.
✅ 1. Engage a Property-Savvy Conveyancer or Solicitor Early
Your solicitor will need time to gather all required searches, review titles, and help you compile a compliant Queensland property Seller Disclosure Statement. Don’t leave this until the last minute; it can take weeks to prepare correctly.
✅ 2. Be Open and Transparent
Your solicitor can only disclose what you inform them. Be upfront about everything you know, past insurance claims, neighbour disputes, building defects, renovations without permits, or any special agreements. If you’re unsure whether something must be disclosed, ask.
✅ 3. Review Everything for Accuracy
Once your statement is drafted, double-check it with your solicitor to ensure accuracy and completeness. Mistakes or outdated documents can cost you the sale. Accuracy is everything.
While the legal obligation lies with the seller, real estate agents should remain fully informed to effectively guide their clients. Helping sellers prepare early can avoid delayed listings, lost buyers, or cancelled settlements.
Buyers, too, will be savvier under the new rules; you can expect detailed questions, legal reviews, and stronger negotiation positions based on the disclosure content.
Don’t Let Disclosure Kill Your Sale
The Queensland property landscape is entering a new era of transparency. This legislation represents a significant step forward for consumer protection, but it requires a considerable increase in seller responsibility.
Whether you’re downsizing, selling an investment, or listing a family home, start your disclosure process early, work with professionals, and be thorough.
A single oversight could mean the difference between a seamless sale, a terminated contract, or future litigation.
Need help preparing for the August 2025 changes? Consult a conveyancer or solicitor familiar with Queensland conveyancing to ensure your sale remains legally compliant and on track.
Frequently Asked Questions
Q1. What types of properties require a Seller Disclosure Statement?
All residential properties in Queensland, including houses, units, townhouses, and vacant residential land, must comply.
Q2. Can I use a standard contract without the disclosure?
No. A contract of sale is not valid unless the disclosure is provided BEFORE the buyer signs the contract.
Q3. Who prepares the disclosure documents?
Your solicitor or conveyancer should prepare the Seller Disclosure Statement and compile the required certificates, as they will be familiar with the requirements and can advise you correctly.
A real estate agent is UNABLE to advise you about the completion of the Seller Disclosure Statement; they are limited to inserting information provided by the seller.
Q4. How long do the certificates remain valid?
Some searches are time-sensitive (e.g. rates, QCAT), so you must ensure your disclosure documents are current at the time of contract signing.
Q5. Can I be sued after the settlement for non-disclosure?
Yes. If you failed to disclose a material issue and the buyer suffers loss, you may face legal consequences, even after the property has been settled.
Example of a Form 2, Seller Disclosure Statement for Real Estate Sales in Queensland
seller-disclosure-statement-form-2
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:
Palm Beach
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 property sales in Queensland are complex and subject to frequent changes. 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
