Before you make an offer – what every home buyer should ask for

For most Queenslanders, buying a home is the biggest decision they will ever make. It’s where families settle, savings are committed, and future security is built. Yet until recently, buyers often went well into negotiations, or even signed a contract, before seeing key information about the property they were hoping to call home.

Queensland’s seller disclosure reforms are designed to change that, by making sure buyers receive important facts upfront.

The Queensland Law Society’s (QLS), CEO, Matt Dunn says for the new system to work as intended, buyers also have a role to play, asking for disclosure early, including at open homes and at the very start of negotiations.

“Transparency works best when everyone leans into it early. Buyers shouldn’t feel awkward asking for disclosure documents upfront, it’s not confrontational, it’s sensible. This is about making informed decisions before emotions and money are locked in.”

Seller disclosure requires sellers to provide prescribed information about a property before a buyer signs a contract. This can include details about zoning, easements, planning constraints, heritage listings, resumptions and other matters that could materially affect a buyer’s decision.

The key change isn’t just what is disclosed, but when.

“In the past, we regularly saw critical information emerge weeks into the process, by that point, buyers had often paid for inspections, organised finance and emotionally committed. Discovering a major issue late doesn’t help anyone,” said Mr Dunn.

When information arrives early, buyers can properly assess whether a property suits their needs and budget, and sellers can proceed with greater confidence that the deal will hold together.

QLS is encouraging buyers to see early disclosure as a normal and expected part of the process.

That means:

  • Asking agents at open homes whether seller disclosure documents are available;
  • Requesting disclosure material before making an offer; and
  • Taking time to review the information with a solicitor if needed.

Mr Dunn says this cultural shift benefits everyone involved.

“When buyers ask for disclosure early, it creates clarity. Sellers know they’re dealing with informed purchasers, and agents can focus on progressing transactions that are genuinely ready to move forward.”

Importantly, Mr Dunn says early transparency doesn’t slow the market, it stabilises it.

Some commentary has suggested that disclosure laws could deter buyers or introduce uncertainty. In practice, Mr Dunn says, the opposite is often true.

Queensland’s property market continues to transact at scale, with around 200,000 residential property transactions each year and ongoing population growth driving demand. While some transactions now take longer at the front end, the trade-off is fewer nasty surprises later.

“A deal that takes a little longer to prepare is very different from one that collapses days before settlement, late-stage failures cost everyone, financially and emotionally. Finding issues early doesn’t create problems; it allows them to be managed.”

Comparable disclosure regimes have operated successfully for years in other states, such as New South Wales and Victoria. They haven’t weakened those markets; they’ve helped normalise informed decision-making.

One common misconception is that buyers can walk away from a contract over minor or technical errors. That’s not how the law works.

Termination rights only arise where information is materially inaccurate, meaning the buyer would not have entered into the contract had they known the truth.

“Trivial mistakes don’t automatically unravel contracts; the real risk comes from incomplete preparation or failing to provide the required information at all.”

Ultimately, transparency isn’t just a legal requirement, it’s a shared responsibility.

“Buying property will always involve big decisions, but with the right information arriving at the right time, buyers can move forward with confidence, sellers can avoid costly last-minute disputes, and the system works better for everyone.”

For buyers, that starts with a simple step: asking the right questions early and expecting clear answers before making the biggest commitment of their lives.

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