What Must You Disclose When Selling Gold Coast Property?
In short, when selling your Gold Coast home, you must legally disclose any facts about your property’s history or condition that could reasonably affect a buyer’s decision to purchase.
This means being upfront about things like flooding, structural issues, unapproved renovations, or anything else you know that is not immediately obvious. Being clear and honest protects you legally, builds buyer trust, and helps your sale go smoothly with fewer surprises later.
Selling Can Feel Overwhelming, But You Are Not Alone
If you are thinking about selling, you are probably picturing the excitement of moving on, attending open homes, and possibly even your next place. However, it is also normal to feel uneasy about what you need to disclose to buyers, especially if there is something about your home’s past that you would rather not highlight. You are not alone in this. Many Gold Coast homeowners share the same concern: What if I reveal too much and it ruins my sale?
The truth is, buyers today are more informed than ever. Between building and pest inspections, online searches, and buyer agents conducting their due diligence, most issues come to light sooner or later. The best approach is to take the lead, be upfront, seek solid advice, and address it before it becomes a bigger headache down the track.
Why Disclosures Matter So Much
Disclosures are not just a legal box to tick. They protect you. They make buyers feel safe. And they help stop deals from falling over at the last minute.
In Queensland, the law says you must disclose what lawyers call “material facts.” Put simply, this is anything about the property that could influence a reasonable buyer’s decision. Some facts are obvious; you can see them during an inspection. Others are hidden or historical. That is where you come in.
What Happens if You Do Not Disclose?
It is tempting to hope a buyer never finds out. But in reality, not disclosing can backfire badly. Buyers can pull out of the contract, demand compensation or, in extreme cases, sue you for misrepresentation.
A messy legal dispute can cost far more than any upfront price drop. Worse still, you might be forced to buy the property back. Most sellers would rather be open now than face litigation later.
Common Disclosure Categories on the Gold Coast
Let’s go through the big ones — so you know what might apply to you.
1. Environmental or Natural Hazards
The Gold Coast is beautiful but has its quirks. If your property has ever flooded, whether due to river flooding, flash flooding, or storm surge, you should disclose this, along with the measures taken to address the issue.
Bushfire-prone areas, especially homes near national parks, are also worth mentioning. If you are on the beachfront, coastal erosion or seawall issues are also important considerations.
2. Structural or Condition Issues
Have you experienced significant issues with the foundation, roof, or frame? Significant water leaks or persistent damp? Termite infestations that needed treatment? Mould issues? If you’re aware of it, please mention it.
Buyers do not expect a perfect house. They want an honest one. Explaining what happened and how you fixed it shows care and builds confidence.
3. Asbestos
Many older homes on the Gold Coast contain some asbestos. If you know where it is, be honest. Buyers do not expect you to rip out walls, but they do expect clarity.
4. Unapproved Structures
This catches more sellers than you might think. Sheds, carports, decks, and even a new room that was never signed off by the council. If you know it lacks approval, it is safer to disclose than to hope no one notices. Unapproved works can affect insurance, finance and resale value for the buyer.
5. Property’s Past Use
If your home has been used as a grow house, clandestine drug lab or the site of a serious crime, that is material. It is a hard fact, but honesty is critical here. These days, buyers will often find out anyway through police or council checks.
6. Neighbour Disputes or Boundaries
If you have an ongoing fight over a fence line or tree damage, be upfront. Also, explain any shared driveways or easements that affect how the property can be used.
7. Pool Safety and Smoke Alarms
Queensland law requires a current Pool Safety Certificate if you have a pool. Smoke alarms must also meet strict standards. These compliance points are legal requirements, not just nice extras.
Emotional Checkpoints for Homeowners
What if telling them knocks thousands off my price?
This is the big fear. It might, sometimes. But hiding it can cost you far more if the buyer discovers it after signing the contract. In my experience, buyers who perceive you as honest tend to remain more committed, even if they negotiate a bit.
How much detail is enough?
Be factual. Stick to what happened, what you did to fix it, and any paperwork you have. No need for long stories. If in doubt, your conveyancer or solicitor will be able to guide you on the wording.
What if I genuinely do not know something?
You cannot disclose what you do not know. Buyers also conduct their own building and pest inspections. Just do not turn a blind eye if you suspect an issue exists.
Can I just leave it to my agent?
Your agent helps communicate disclosures, but the legal duty is yours. A good agent, combined with a good conveyancer or solicitor, ensures you cover every base.
Practical Steps You Can Take Now
Even if you are not ready to list yet, a few quiet actions will give you a head start later.
- Walk through your home and yard with fresh eyes. Look for anything that might worry a buyer.
- Dig out old paperwork, building approvals, pest treatment invoices, and flood reports.
- Consider getting a pre-sale building and pest inspection. It is not mandatory, but it helps you know exactly what you are dealing with.
- If you have a pool, check your certificate. If it is out of date, book an inspection now.
- Chat with a local conveyancer or solicitor. Many offer a free first call. They will explain your duties and help you decide what is worth disclosing.
How Your Conveyancer/Solicitor and Agent Help
Your conveyancer or solicitor is your legal safety net. They review your title, read reports, and assist with clear word disclosures. They also draft your contract properly, so there is no confusion.
Your agent then works with this information. A good agent will communicate with buyers, highlighting how issues were resolved, and maintain calm and realistic negotiations. The goal is not to hide flaws but to manage them so you keep control of your sale.
What Most Agents Do Not Say Out Loud
While agents are focused on selling your property, some deeper aspects of disclosures may not always be fully explored.
You might not always hear about the full personal and financial repercussions of non-disclosure. Beyond a failed sale, the emotional stress and legal costs associated with a lawsuit for misrepresentation can be devastating. A truly ethical agent will make sure you understand these risks.
The nuanced definition of ‘material fact’ is often oversimplified. It’s not just about what’s physically wrong, but anything that could reasonably influence a buyer’s decision. This broader interpretation of disclosure is crucial for your protection.
The long-term trust built by honesty is an invaluable, often unquantified asset. A buyer who feels fully informed, even about minor issues, is more likely to proceed confidently and less likely to pursue action after settlement. This positive experience can also contribute to your agent’s reputation.
Finally, you may not always hear how a good agent can help frame disclosures in a positive light. Instead of just stating a past problem, they can highlight the solution and the improved condition. For example, “The property experienced a leak in 2020, fully repaired under insurance with a 10-year warranty, resulting in upgraded plumbing.” This approach turns a potential negative into a testament to property improvement.
You Do Not Have to Tackle This Alone
Selling your home is a big moment. It deserves careful handling, clear advice and a calm plan. Being upfront does not mean you give buyers a reason to run. It means you invite the right buyers to come forward, feel secure and move quickly to settlement.
When You Are Ready, Let’s Chat
There is no rush. Perhaps you are six months from listing, or maybe even more. Start by gathering your facts, asking your questions, and feeling prepared. When you’re ready to discuss next steps or confirm that your disclosures meet all the requirements, I’m always happy to chat. No pressure. No pushy sales pitch. Just an honest conversation about your home, your plans and gaining peace of mind.
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 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
