If you’re thinking about selling property in Queensland, you will now need a seller disclosure statement. This document plays a big role in protecting both the seller and the buyer, not to mention without it, you could be facing delays and disputes and even broken contracts. Since the introduction of the Property Law Act 2023, these disclosure requirements are no longer something you can leave until the last minute. They’re a legal requirement and understanding how they work is now a key part of selling property in Queensland.
What Is a Seller Disclosure Statement?
This is a common question that frequently hear. A seller disclosure statement is a legal document that provides important information about the property you’re selling. It’s given to the buyer before they sign the contract of sale and is designed to give them a clear understanding of the property’s condition, features, and any issues that might affect their decision to purchase. Think of it as a formal way of being upfront and transparent about what they’re buying.
In Queensland, this disclosure is made using a standard form known as Form 2, and it’s a legal requirement under the new property legislation. If you fail to provide it, or if the information in it is incomplete or incorrect, the buyer may have the right to terminate the contract, even after signing. That’s why preparing this document properly is one of the most important steps you can take before selling your Queensland property.
Why Do You Need a Seller Disclosure?
The main purpose of a seller disclosure is to provide transparency. Buying a home is often the biggest financial decision someone will ever make, and they have a right to know all the facts before they commit. The disclosure statement gives buyers confidence that they understand what they’re purchasing.
From a seller’s point of view, providing this information isn’t just about following the rules, it’s about reducing risk. If you’re upfront from the start, there’s less chance of a dispute arising later. A properly completed disclosure statement can help you avoid delays in settlement, prevent buyers from pulling out unexpectedly, and ensure the sale progresses smoothly. It’s also an opportunity to build trust with buyers, which can make the negotiation process much easier.
What Is Form 2 and What Does It Include?
Form 2 is the official document used to make the seller disclosure in Queensland. It contains details about the property that might influence a buyer’s decision or affect its use in the future. For example, it will include information about any easements or encumbrances on the land, whether there are unapproved structures on the property, and if there are zoning overlays. It will also set out whether there are any outstanding notices from local council or government authorities, such as enforcement orders or development conditions.
The key thing to remember is that the information you provide must be accurate and up to date. If something changes after you’ve prepared the disclosure, you’ll need to update it. It’s worth getting legal help with this step to make sure nothing is overlooked, even small omissions can cause significant problems later if a buyer claims they weren’t properly informed.
Selling a Unit or Townhouse in Queensland? Here’s What Changes
If you’re selling a property that’s part of a community titles scheme , like a unit, townhouse, or apartment, there are a few extra requirements to be aware of. In addition to Form 2, you’ll also need to provide the buyer with additional body corporate information, usually through Body Corporate Form 33 and/or Form 34.
These documents give buyers a clear picture of what’s involved in owning a property in a body corporate. They include details about the scheme’s financial position, the levies and fees payable by owners, the current insurance arrangements, and any upcoming works or special levies. They also set out the rules and by-laws that apply to the property. This information is just as important as the physical details of the property itself because it affects the buyer’s ongoing costs and obligations once they take ownership.
What Happens If You Don’t Provide a Disclosure?
Failing to provide a disclosure statement, or providing one that’s inaccurate or incomplete can have serious consequences. The most obvious is that the buyer may be able to withdraw from the contract before settlement. That means you could lose a sale that was otherwise ready to go ahead.
It’s always better to address these issues before they become problems. Being transparent from the start doesn’t just protect the buyer, it protects you too. It shows that you’re acting in good faith and makes it much harder for disputes to arise later on.
When Should You Prepare the Disclosure?
The best time to prepare your disclosure statement is before you even list the property for sale. That might sound early, but it gives you the chance to gather all the required documents, order searches, and check that everything is in order. If there’s an issue, for example, an unapproved structure you weren’t aware of, you’ll have time to deal with it before it becomes a sticking point in the sale.
Preparing early also means you can provide the disclosure promptly once a buyer shows interest. That helps keep the sale moving forward and reduces the chance of last-minute surprises or delays.
How Bush to Beach Legal Can Help
The new disclosure rules under the Property Law Act 2023 have added extra steps to the selling process, but with the right support, it doesn’t have to be stressful. At Bush to Beach Legal, we work with property sellers every day to ensure their disclosure statements are accurate, complete, and fully compliant with the law.
We work closely with Seller Disclosure Queensland, a dedicated service that is affiliated with Bush to Beach Legal. This separate division was established specifically to make the disclosure process more accurate, efficient, and cost-effective for sellers. By combining our legal expertise with a specialised disclosure service, we’re able to prepare your documents quickly, reduce delays, and make sure nothing is missed, all while keeping costs transparent and predictable.
If you’re thinking about selling, getting legal advice early is one of the smartest steps you can take. With Bush to Beach Legal and Seller Disclosure Queensland working together on your behalf, you’ll have fewer surprises, less risk, and a far smoother path to settlement.
Final Thoughts
Seller disclosure isn’t just another piece of paperwork, it has now become a vital part of selling property in Queensland. It protects you, informs the buyer, and keeps the sale on track. By understanding your obligations and getting the right legal support, you can approach the process with confidence and peace of mind.
If you’re preparing to sell or just want to understand your obligations before listing, contact Bush to Beach Legal. We’ll make sure your disclosure is handled properly from the very beginning, so you can focus on what matters most, achieving a successful sale.
