New Queensland Seller Disclosure Laws: What Buyers Need to Know (And How We Help Protect You)

From 1 August 2025, Queensland’s property market will operate under a new statutory seller disclosure regime introduced by the Property Law Act 2023 (Qld). This landmark change is designed to enhance transparency and fairness in residential property transactions - a major win for buyers.

At Whitsundays Property Buyers, we see this as a significant step forward in protecting your interests - but only if you have the right guidance to navigate the new rules.

Whats Changing & Why It Matters to You

Under the new legislation, sellers will be legally required to provide key information up front before you sign a contract. This includes:

• A Form 2 Seller Disclosure Statement (signed by the seller)

• A set of prescribed certificates and documents relevant to the property

This shift means that for the first time in Queensland, buyers will have access to standardised, essential property information before they’re legally bound to proceed. That includes zoning details, title encumbrances, body corporate matters, and compliance notices - information that previously in some instances has been delayed. 

How It Strengthens Buyer Protection

This new disclosure legislation provides buyers with:

• Early access to vital property details, helping you make informed decisions

• Greater transparency around encumbrances, planning restrictions, and environmental issues

• Stronger legal grounds to terminate a contract if the seller fails to comply with disclosure obligations

• More consistency across transactions, removing guesswork and hidden surprises

In short: it shifts the balance of information slightly more in your favour - but only if you know how to understand and act on the details.

What's Included in the Disclosure? 

The seller’s Form 2 and certificates must cover key categories, including:

• Ownership and Title Details

• Easements, leases, and unregistered agreements

• Planning and zoning

• Environmental and heritage restrictions

• Rates and water charges

• Body corporate or strata obligations

This standardisation helps you compare properties fairly and spot red flags earlier. 

But There Are Still Gaps - That's Where We Come In

While the new disclosure legislation is a welcome safeguard, it’s not a replacement for due diligence. Some crucial matters are still excluded from the mandatory disclosure, including:

• Flood or bushfire risk

• Structural issues or termite damage

• Building or Development approvals

• Asbestos or insulation status

• Utility connection information

As a buyer, you still need independent verification and professional support - and that’s where we come in.

Why A Buyers Agent is More Essential Than Ever

With the new rules increasing the volume of technical documents, buyers face more information to interpret - and more legal nuance to understand. While these changes aim to protect buyers, relying solely on the seller’s disclosure could still leave critical gaps.

We help by:

• Interpreting the disclosure documents

• Spotting what’s not being disclosed

• Arrange targeted searches and inspections

• Coordinate with legal experts when needed

• Recommending special condition clauses in your offer, based on our findings

• Provide clear advice on risks before you commit

With our guidance, you’ll buy with clarity and confidence - not confusion.

Sellers Can Choose Who Prepares the Disclosure 

Importantly, sellers may prepare the Form 2 themselves, or delegate it to their solicitor or real estate agent. But real estate agents can’t provide legal advice or verify accuracy. That’s another reason buyers shouldn’t rely solely on what’s handed over - it may be incomplete or misunderstood.

If the seller gets it wrong, and the documents are inaccurate or incomplete in a material way, you may have a legal right to terminate - but again, you’ll need professional insight to understand and act on this.

Thinking About Buying in Queensland after August 2025? 

Queensland’s new disclosure legislation is a welcomed step forward - but it doesn’t remove the need for thorough due diligence, experienced support, and buyer-focused advocacy. If anything, it makes these things even more important.

As your dedicated buyers agency, we ensure you’re fully informed, expertly advised, and that your interests are protected from the very beginning of your property journey.

Thinking about buying in Queensland after August 2025? Let’s make sure the new rules work for you.