If you are selling property in Queensland, you must give the buyer a completed Form 2 Seller Disclosure Statement and any relevant prescribed certificates before they sign the contract. Together, these are known as the disclosure documents. By law, sellers are required to tell buyers certain things about their property. This includes things like:
- Owner-builder work
- Pool safety certificates
- Tree disputes
- Whether the property is listed on the contaminated land register.
The new process simply brings all of these requirements together in one place, making it easier for both sellers and buyers to understand what information needs to be provided.
What you need to know
- It is important that these documents are accurate and complete. If they are not, the buyer may have the right to terminate the contract.
- The Form 2 includes a series of yes or no questions about the property. These questions cover a wide range of topics, and some may need further investigation. Your solicitor can guide you through each one and help you gather the right information.
- If you are selling a property that is part of a body corporate, such as an apartment or townhouse, you will need to provide additional documents. These can take time to obtain, so it is best to speak with your solicitor early in the process.
What do I need to disclose?
More information about the information you need to provide is available here. A solicitor can help you understand what needs to be included and whether any searches are required to complete the form properly.
What should I be aware of?
Yes. It’s a good idea to speak with your solicitor early; ideally around the same time you meet with your real estate agent. This allows the seller disclosure documents to be prepared alongside other listing tasks like cleaning, staging and photography. For some properties, the process is straightforward. For others, especially apartments or townhouses in a community titles scheme, extra documents like a body corporate certificate are required. These can take time to obtain, so starting early gives you the best chance of having everything ready when a buyer is ready to make an offer.
Seller disclosure helps buyers make informed decisions by giving them key information upfront. This transparency also benefits sellers. While preparing the documents may take time, it can reduce the risk of last-minute contract changes or cancellations. If any issues are discovered early, they can be addressed before the buyer signs. This leads to fewer disputes and a smoother sale process for everyone involved.
Yes. If you are selling an apartment, townhouse or duplex in a body corporate, you must provide a body corporate certificate and the most recent community management statement. These documents include important details for buyers, such as by-laws, lot entitlements, financial contributions, insurance and contact details for the body corporate manager. There are limited situations where a seller may not be able to provide the certificate, and legal advice is recommended to understand these exceptions. Because these documents can take time to obtain, it’s important to speak with your solicitor early.
Absolutely. A solicitor can guide you through the Form 2, explain what each question means, and help determine whether searches are needed to complete the form accurately. They can also assist with preparing the contract of sale to reflect any issues identified during the disclosure process. Legal advice helps ensure your documents are complete and correct, reducing the risk of the buyer terminating the contract. Queensland Law Society members are well-placed to advise sellers on the new disclosure rules and other key parts of the sale.
The law requires the disclosure documents to be accurate at the time they are given to the buyer. There is no legal obligation to update them later, but sellers should be careful. If something changes and the seller knows the documents are no longer accurate, they must avoid misleading or deceptive conduct. Sellers also need to meet any disclosure obligations in the contract of sale, such as confirming the title is free from undisclosed encumbrances. A solicitor can help you monitor any changes and make sure your documents and contract remain accurate throughout the sale process.
Top tip
In Queensland conveyancing must be done by a law firm. The firm may employ paralegals or conveyancers, but their work must be supervised by a solicitor. Use our search to find firms that focus on conveyancing and property law.
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Learn about the key changes, and what it means for buying or selling a property in Queensland.
Learn about seller disclosure