New Seller Disclosure Scheme 2025
Queensland has flipped the script from “buyer beware” to mandatory seller disclosure. From 1 August 2025, sellers must give buyers a prescribed Seller Disclosure Statement (Form 2) plus supporting certificates before the buyer signs the contract. If you miss or mangle this step, the buyer may be able to terminate up to settlement.
What properties are covered?
New Seller Disclosure Scheme 2025 – Almost all freehold sales: houses, townhouses, units, commercial property and vacant land. Proposed lots (off-the-plan) are excluded because they already have their own disclosure regime. The scheme applies to private treaty, tender, auctions, mortgagee sales and options. It only applies to contracts entered into on or after 1 Aug 2025.
What you must give the buyer (before signing)
Form 2 – Seller Disclosure Statement (approved form) with current, accurate info. Queensland Government Publications
Prescribed certificates relevant to the lot, which can include:
Title search & plan
Notices under the Environmental Protection, QBCC, Building, and Planning Acts
Any tree applications/orders (Neighbourhood Disputes Act)
Pool safety certificate (if applicable)
For community titles lots: the Community Management Statement and a body corporate certificate (or an explanatory statement if unobtainable in limited scenarios)
For BUGTA schemes: a body corporate certificate.
New Seller Disclosure Scheme 2025 - How to give disclosure (and prove it)
You—or an authorised agent—must deliver the documents before contract execution. Delivery can be in person, post, email, or by sending a link to view/copy the documents. Keep proof (read receipts, signed acknowledgement). Auctions: disclosure must be given or made available before the fall of the hammer.
Buyer termination rights (and limits)
A buyer can terminate anytime before settlement if:
- you don’t give the disclosure documents, or
you give them but there’s a material inaccuracy/omission, the buyer didn’t know, and wouldn’t have signed had they known.
If terminated, the seller must refund monies paid within 14 days. Termination is the only remedy under the scheme (some matters – e.g., rates/water info – are not “material” by regulation). Where another Act sets its own consequence, that overrides the scheme’s termination right.
Key exceptions
Disclosure isn’t required in limited cases – e.g., related-party transfers (with waiver), sales to government/statutory bodies, $10m+ sales where the buyer waives, certain court-ordered or estate sales, some options where prior disclosure was given, and council rate recoveries (with notice). Get legal advice to confirm if an exception applies.
Fast checklist for sellers & agents
Engage your solicitor early and plan disclosure at listing. Queensland Government
Order searches/certificates you’ll need for Form 2 (title, planning/building/QBCC, pool, body corporate where relevant). Queensland Government
Complete and sign Form 2 (one per lot). Queensland Government Publications
Serve disclosure properly (email/post/link) and retain proof. Queensland Government
For auctions: make disclosure available before bidding starts. Queensland Government
Lock your process—non-compliance risks buyer termination and, for agents, potentially no commission if settlement doesn’t occur. REIQ
Why this matters
New Seller Disclosure Scheme 2025 – This is one of the biggest shifts in Queensland property law in decades, aligning QLD with other pro-disclosure states and replacing the old “buyer beware” posture with clear, upfront information. Failing to comply with the new disclosure requirements may give the buyer a right to terminate the contract.
It’s crucial for sellers to be aware of their disclosure obligations under these new laws – and for real estate agents and legal professionals to understand the changes as well. Purchasing a property is a major financial decision whether it’s a home or a commercial site for a business.
That doesn’t mean buyers can be complacent though and they should still undertake their normal due diligence and seek advice.
This article is general information only. Always seek independent legal advice about your specific property and obligations under the Property Law Act 2023 and regulations.
