Qld New Sellers Disclosure Statement
Understanding the Seller Disclosure Statement in Queensland
If you’re preparing to sell a property in Queensland, there’s a new legal requirement you need to be aware of: the Seller Disclosure Statement (Form 2). Introduced under the Property Law Act 2023, this mandatory disclosure scheme came into effect on 1 August 2025 and applies to houses, units, vacant land and even commercial properties.
For property owners in Toowoomba, understanding how this works — and making sure you comply — is essential before listing your property for sale.
What Is the Seller Disclosure Statement?
The Seller Disclosure Statement is a document that sellers must provide to a buyer before the buyer signs a contract of sale. Its purpose is simple: to make sure buyers have all the key information they need upfront, helping to avoid disputes later.
The disclosure must include:
- Basic property and seller details
- Title searches and any encumbrances (like easements or unregistered leases)
- Information about zoning, planning, heritage or environmental restrictions
- Details of tenancies if the property is rented
- Prescribed certificates such as title searches, survey plans, body corporate records and pool safety certificates (where relevant)
What You Don’t Need to Disclose
Interestingly, there are some matters sellers are not legally required to include. For example:
- Structural soundness of buildings
- Previous development approvals
- Flood history of the property
This means buyers still need to carry out their own due diligence, such as building and pest inspections.
Why It Matters
Failing to comply with the seller disclosure laws carries serious risks. If a disclosure statement is missing or inaccurate, the buyer may have the right to terminate the contract, even up to settlement.
Getting it right protects both you and the buyer — ensuring transparency, minimising disputes, and helping your sale progress smoothly.
How to Comply
To meet your obligations, you’ll need to:
- Complete the official Form 2 Seller Disclosure Statement
- Attach all prescribed certificates and notices
- Provide the full disclosure to the buyer before they sign the contract
For auction sales, the disclosure must also be available to prospective buyers before the auction takes place.
Our Professional Recommendation
While the Queensland Government provides a template, we recommend that sellers engage a solicitor to prepare the disclosure statement. This ensures everything is legally accurate, that all relevant documents are included, and that you are fully protected under the new laws.
Thinking About Selling Your Rental Property in Toowoomba?
At McAdam & Turnbull Realty, we work closely with local property owners to ensure compliance while maximising the return on their investment. If you’d like to discuss selling your rental or need guidance on the new seller disclosure requirements, contact Lachlan Evans today. [email protected] or 46392222 or 0418185220.
Lachlan’s expertise in the Toowoomba market, combined with our hands-on property management knowledge, ensures your sale is handled with professionalism and care.