Get ready - biggest changes to real estate sales in decades coming soon to Queensland

13 February 2025

From 1 August 2025, new laws will apply to most real estate sales in Queensland which will significantly impact the process of selling property.

The Property Law Act 2023 (Qld) and the Property Law Regulation 2024 (Qld) are introducing mandatory seller disclosure requirements to provide greater transparency to buyers in property transactions.

What are the mandatory seller disclosures?

Sellers must provide a seller disclosure statement to a buyer before a contract of sale is signed.

The seller disclosure statement must be in the approved form and signed by the seller, completed with the information prescribed by regulation and attach the prescribed certificates applicable to the property.

Information and certificates that may be required include:

  • Title search
  • Survey plan
  • Building and planning notices
  • Rates and water service charges
  • Zoning information
  • Community management statement & body corporate certificate (for properties in a community titles scheme)

Other examples of information or certificates that may be required for certain property types include: owner builder notices; work order notices; pool compliance certificates; documents relating to tree disputes; information relating to contamination and environmental protection; resumptions; transport infrastructure notices; residential tenancy information.

The seller disclosures apply to residential and commercial property sales.

There are very limited exceptions to the seller disclosure requirements such as related party sales, sales by or to the State or local council, compulsory acquisitions, sales over $10m.

The current version of the approved seller disclosure statement is linked here: publications.qld.gov.au/dataset/property-law-act-2023-forms/resource/7a1be178-d2d5-4744-9147-9699c04ee8d8

What happens if the seller disclosure statement isn’t given to a buyer or is inaccurate?

A buyer can terminate a contract of sale (and recover their deposit) at any time before settlement if:

  • the seller disclosure was not given before the buyer signs a contract; or
  • the information or certificates were materially inaccurate to such an extent that, had the buyer known, they would not have signed the contract (subject to other laws providing another remedy for a buyer).

How will this impact the sales process?

The risk of losing a sale makes it critical for sellers to provide complete and accurate disclosure information when selling a property. Likely impacts on the sales process include:

  • Increased seller transaction costs – for costs associated with obtaining the prescribed certificates, and the additional work by the seller’s agent or legal representative in ensuring the seller complies with these new disclosure laws;
  • Possible delays in contracts – prescribed certificates and information may require lead time to order and receive.

What can you do to be ready for these changes and minimise the impact?

  • As soon as you’ve decided to sell your property, engage an experienced and highly rated conveyancing lawyer as early as possible to ensure seller disclosures can be completed in a timely manner and you don’t miss out on a buyers offer.
  • Be prepared to pay a little extra to obtain all the prescribed certificates and any other certificates that may be needed to verify the information in the seller disclosure statement. You don’t want to risk losing your sale!

As a national conveyancing law firm, lawlab has extensive experience with these types of seller disclosure laws in other states, helping you navigate these changes easily. Reach out to us if you want to talk more about how we can help you navigate these changes.

Disclaimer This information is general in nature only and does not constitute legal advice. Lawlab accepts no liability for the content of this information. You should obtain legal advice specific to your individual circumstances. Lawlab’s liability is limited by a scheme approved under Professional Standards Legislation.
Harjan Athwal
Harjan Athwal

Harjan is a legal advisor at lawlab, with a strong passion for innovation in the legal industry and obtaining positive outcomes for his clients. He began his law career working with vulnerable and disadvantaged families and has since pursued his passion for property law, joining the experienced team at lawlab. Outside of work life, he enjoys spending his time playing sports, adventuring, pet sitting, and spending time with friends and family.

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