Chris Pullen | Blue Wave Property Real Estate
Starting 1 August 2025, a major change is coming to property transactions in Queensland. Under the new Property Law Act 2023, all property sellers will be legally required to provide a completed Form 2 Seller Disclosure Statement, along with supporting documentation, before the buyer signs the contract.
If you’re planning to sell, now is the time to prepare. Missing or inaccurate disclosures can lead to contract terminations, costly delays, or even legal action. At Blue Wave Property Real Estate, we’re here to help you stay informed and ahead of the game. This guide outlines everything you need to know about seller disclosure and offers a detailed checklist to make sure your sale goes smoothly.
What Is Seller Disclosure?
Seller disclosure is the process of providing essential information about a property to potential buyers before a contract is signed. In Queensland, this now includes the new Form 2 and other required certificates. These documents reveal the property’s legal status, physical condition, and any known risks.
The aim is twofold:
- Transparency – Buyers receive all relevant facts to make an informed decision.
- Legal Protection – Sellers reduce the risk of disputes, contract cancellations or claims of misrepresentation.
Why Does Seller Disclosure Matter?
Seller disclosure isn’t just a formality—it’s a legal obligation. It provides clear and complete property information upfront, giving buyers confidence while protecting sellers from unexpected issues later in the process. When done correctly, seller disclosure supports a fair, efficient transaction and reduces the likelihood of last-minute surprises that can derail a sale.
What Documents Do You Need to Disclose?
To comply with the updated Queensland legislation, you’ll need to prepare and supply the following:
- Completed Form 2 Seller Disclosure Statement
- Title search and current survey plan
- Latest council rates and water notices
- Zoning and planning certificates
- Any notices from council or state authorities (e.g. demolition orders, environmental notices)
- Body corporate records (if applicable)
- Lease or tenancy agreements, including rent details
Each document must be up-to-date and factually accurate at the time of contract signing.
Seller Disclosure Checklist for Queensland Property Owners
To help you prepare, here’s a comprehensive checklist covering what you need to disclose:
- Material Facts
Disclose any issues that might impact a buyer’s decision—structural damage, past flooding, pest problems, disputes with neighbours, or future developments near the property. - Encumbrances and Easements
Detail any mortgages, caveats, or easements that could affect ownership or access. - Government or Regulatory Notices
Include any improvement notices, demolition orders, or planning restrictions from local or state bodies. - Environmental Hazards
If the land is contaminated or subject to environmental regulation, this must be declared. - Lease or Tenancy Information
For investment properties, include tenant details, lease terms, rental amounts, and any agreements. - Body Corporate Details (for strata properties)
Disclose financial statements, insurance coverage, upcoming levies, and any known disputes or issues with the body corporate. - Safety Compliance Certificates
Ensure you include documentation like pool safety certificates, building approvals, and evidence of compliance for any structures or renovations.
Are There Any Exemptions?
Some property transactions are exempt from these disclosure rules. Exemptions may apply when:
- The property is sold to a government body
- The sale occurs between close family members
- The property value exceeds $10 million and the buyer formally waives their disclosure rights
However, these exemptions are limited and specific. Always confirm with your solicitor before assuming you’re exempt from disclosure obligations.
Risks of Failing to Disclose Properly
Non-compliance with Queensland’s new disclosure regime can have serious consequences. Buyers may terminate the contract before settlement or pursue compensation for undisclosed issues. This can result in financial loss, damage to your reputation, and a failed sale.
To avoid these risks, sellers must be proactive, diligent, and transparent from the outset.
Tips for a Smooth Disclosure Process
At Blue Wave Property Real Estate, we recommend the following best practices to ensure a seamless and compliant sale:
- Start early – Begin gathering documents before listing your property
- Use digital tools like SearchX to simplify the process. SearchX helps collect the necessary certificates, populate Form 2, and verify accuracy
- Engage a legal professional to review your documents for completeness
- Keep a record of all communications, documents, and acknowledgements
Queensland’s upcoming disclosure changes are designed to make property sales more transparent—but they also place a greater burden on sellers. If you’re selling after 1 August 2025, make sure you’re compliant by preparing all required documentation in advance.
At Blue Wave Property Real Estate, we’re committed to guiding you through every step of the selling journey. Whether you’re navigating seller disclosure for the first time or managing an investment portfolio, we’re here to help you stay compliant and maximise your results.
For more guidance or help preparing your Form 2 Disclosure Statement, contact us today and let our team simplify your selling process.