Guide to the Seller Disclosure Regime QLD

What is the mandatory Seller Disclosure Regime?

The new real estate disclosure laws in Queensland apply to most vacant land, residential and commercial property sales in Queensland, including lots in community title schemes. Introduced under the new Property Law Act 2023 (Qld) and Property Law Regulation 2024 (Qld), the regime legally requires sellers to provide buyers with full disclosure before the contract is signed or, in the case of an auction, before the fall of the hammer.

The Seller Disclosure Regime QLD requires sellers to complete and provide a Form  2  Seller Disclosure Statement along with prescribed certificates and supporting documents, to enhance transparency and helping to minimise disputes. Certain transactions are exempt from the regime, including sales to local government bodies, related-party transfers and high-value sales (over $10 million) with a buyer waiver.

Learn more about the Seller Disclosure changes that came into effect from 1 August 2025.

What is a Seller Disclosure Statement?

A Seller Disclosure Statement is a formal document, completed by the property seller, that provides all material information about the property to the buyer. In Queensland, this is known as the Form  2  Seller Disclosure Statement under the QLD Seller Disclosure Regime.

Providing a complete and accurate Seller Disclosure Statement before the buyer signs the contract or before an auction is mandatory.

What are the disclosure requirements & necessary documents?

Under the seller disclosure legislation, as a seller in QLD you must provide the buyer with:

A completed and signed Form 2  Seller Disclosure Statement.
Prescribed certificates and supporting documents, which must be current at the time of delivery. These may include:
- Title search
- Registered plan (a survey or lot plan)
- Body Corporate Certificate and Community Management Statement (for lots in community titles schemes)
- Council rates and water service charge information
- Notices, orders or proposals affecting the property (e.g. environmental, contamination, heritage, resumption, transport infrastructure)
- Any unregistered interests such as easements, leases or covenants

Sellers must ensure all information is accurate and complete; material omissions may give the buyer statutory rights to terminate the contract, regardless of whether the buyer has suffered loss.

When do I need to provide a disclosure statement in QLD?

You must provide the Form 2  Seller Disclosure Statement in QLD, along with all prescribed certificates, before the buyer signs the contract or, in the case of an auction, before the fall of the hammer.

The seller should retain proof of delivery, such as a signed acknowledgement or electronic receipt. Failure to provide timely disclosure can result in:

The buyer terminating the contract at any time before settlement
Recovery of their deposit and interest
Reputational, legal and financial consequences for the seller

Sellers cannot contract out of these disclosure obligations; the regime is compulsory, and even unintentional omissions on a material matter affecting the property can trigger buyer rights.

How can I prepare now?

To prepare for property transactions under the QLD seller disclosure regime, it is recommended to obtain all prescribed certificates and property searches well in advance of listing. KRG Conveyancing can assist with every step of the process, including:

Ordering and obtaining all required property searches and prescribed certificates
Preparing the Form  2  Seller Disclosure Statement on your behalf
Reviewing and advising on what must be disclosed to ensure accuracy and completeness
Arranging electronic signing and secure delivery tracking, providing proof of disclosure
Updating any documents if they change or expire before contract signing

Early engagement with KRG can help prevent delays and reduce legal risk, ensuring your property transaction proceeds smoothly. Disclosure under Form 2 does not replace a buyer’s due diligence, such as building, pest, flood or structural inspections.

Download the official Form 2 Seller Disclosure

Choose KRG Conveyancing

At KRG Conveyancing, we believe conveyancing works should be simple, straightforward and hassle-free for Queenslanders selling a home. We aim to take the mystery out of the conveyancing process.

The KRG Conveyancing Guide to Selling checklist provides an overview of the conveyancing process. Use this helpful guide as a checklist throughout the settlement process.

Common Seller Disclosure Mistakes and How to Avoid Them

Even with the best intentions, sellers can make errors that delay settlement or give buyers the right to terminate the contract. Understanding these common mistakes can help you stay compliant, reduce risk and ensure a smooth transaction.

Failing to disclose unregistered interests

Some sellers focus only on registered documents, forgetting easements, leases, covenants, or other interests affecting the property. Omitting these can lead to disputes or contract termination.

Review all known unregistered encumbrances on your property, including leases, easements or agreements, and include them in the Form 2. Your conveyancer can assist in identifying unregistered interests that must be disclosed.

Providing outdated or incorrect certificates

Prescribed certificates, such as title searches or body corporate documents, must be current at the time of delivery. Using outdated documents can result in the buyer exercising statutory termination rights.

Always check the issue date on each certificate. If a document has expired or there have been changes since it was issued, obtain an updated version before providing disclosure.

Delivering disclosure too late

The QLD Seller Disclosure Regime requires that all documents be provided before the buyer signs the contract or, in the case of an auction, before the fall of the hammer. Late delivery can delay settlement or allow the buyer to terminate.

Plan ahead and provide disclosure well before the contract signing or auction date. Keep proof of delivery, such as signed acknowledgements or email receipts.

Misunderstanding exemptions

Some sellers assume certain transactions are exempt when they are not. For example, while government sales or high-value transactions over $10 million may be exempt in specific circumstances, most residential and commercial sales still fall under the regime.

Check with your conveyancer if you believe your sale may be exempt. Erring on the side of full disclosure is safer and reduces the risk of disputes.

Overlooking buyer queries

Even after providing the Form 2 and certificates, buyers may have questions or require clarification. Failing to respond promptly can create friction or delay settlement.

Be prepared to answer buyer queries or provide supporting documentation as requested. Your conveyancer can assist in responding accurately and efficiently.

By understanding these common mistakes and taking proactive steps, sellers can minimise risk, avoid disputes and ensure a smooth, successful property transaction under the new Seller Disclosure Regime, QLD.

Tips for Smooth Disclosure and Settlement

Successfully navigating the Seller Disclosure Regime is not just about providing the correct documents—it’s also about preparing, communicating and working efficiently throughout the process. Here are practical tips to help sellers avoid delays, minimise risk and ensure a smooth settlement.

Engage a conveyancer early

Obtaining prescribed certificates, preparing Form 2, and reviewing all relevant documents can take several weeks. Engaging a conveyancer early ensures that your disclosure obligations are met on time and that potential issues are identified before they become problems.

Contact KRG Conveyancing as soon as you decide to sell, so we can guide you through every step of the disclosure process.

Keep all documents current

Certificates such as title searches, body corporate records, or environmental notices can expire or change between preparation and contract signing. Providing outdated documents can create compliance issues or allow buyers to terminate the contract.

Review all documents before delivery and update them if necessary. Your conveyancer can help track expiry dates and advise when updates are needed.

Communicate clearly with buyers

Providing disclosure documents is only part of the process. Buyers may have questions or request clarification on certain matters. Clear and timely communication can prevent misunderstandings and maintain trust.

Respond promptly to queries and, where possible, provide supporting documentation. Your conveyancer can assist in preparing accurate, legally compliant responses.

Maintain proof of delivery

The Seller Disclosure Regime requires sellers to provide documents before contract signing or auction. Keeping proof that the buyer received the documents protects you in case of disputes.

Use signed acknowledgements, email confirmations or secure electronic delivery platforms to maintain clear records. KRG can assist in tracking and documenting proof of disclosure.

Prepare for inspections and due diligence

While the Form 2 and prescribed certificates provide legal disclosure, buyers may still conduct inspections, pest checks or structural assessments. Preparing for these can prevent delays and show that you are proactive and transparent.

Ensure that access for inspections is coordinated efficiently, and have relevant documents ready to address buyer questions.

Stay organised with a timeline

A well-structured timeline can help you manage all steps of disclosure and settlement. Planning when to obtain certificates, provide disclosure and respond to buyer queries ensures the process runs smoothly and reduces stress.

Work with your conveyancer to create a timeline that accounts for document preparation, delivery and settlement milestones.

By following these tips, sellers can minimise the risk of delays or disputes, protect themselves legally, and help ensure a seamless property transaction under the new Seller Disclosure Regime.