New seller disclosure laws means getting the right advice has never been more important
FROM August 1, 2025, sweeping changes to Queensland’s property sale process came into effect. With mandatory seller disclosure now required under the Property Law Act 2023, buyers and sellers alike are experiencing some of the most significant legal reforms in decades.
What’s changing?
The centrepiece of the reform is a new mandatory seller disclosure regime, requiring vendors to provide a completed Form 2 disclosure statement—plus supporting certificates—before any contract is signed. This applies to sales of houses, townhouses, units, commercial properties, and vacant land, including auctions and private treaty.
The Form 2 must outline critical information about the property: title details, easements, zoning, environmental or heritage listings, leases, planning notices, and even whether a pool exists. Prescribed certificates, such as a current title search, survey plan, and pool safety certificate (if applicable), must also be attached.
Failure to deliver a complete and accurate disclosure could entitle a buyer to terminate the contract at any time before settlement.
A step towards greater transparency
The Real Estate Institute of Queensland (REIQ) has welcomed the reform, calling it a “landmark change.” CEO Antonia Mercorella says the legislation is a long-awaited step forward.
“The seller’s disclosure regime modernises the way property is bought and sold,” she said.
“It ensures buyers are presented with key information upfront, helping them make informed decisions and reducing the risk of deals falling over post-contract.”
However, Ms Mercorella also warned that the disclosure regime doesn’t replace the need for buyer due diligence.
“The ‘buyer beware’ principle still applies. Buyers must continue conducting independent checks.”
How the industry is responding
Across the state, agents and solicitors are adjusting processes to accommodate the new requirements.
Bailey Sims from Pine Property says preparation is now more frontloaded.
“We’ve built the disclosure process into our pre-listing checklist,” he said.
“It’s added work upfront, but it ultimately leads to smoother settlements and better-informed buyers.”
Tamara Hazelden from Hazelden Realty agrees.
“The big shift is needing everything in order before going to market,” she said.
“Yes, it’s more demanding, but it reduces fallout and confusion later.”
In Maleny, REMAX Hinterland is embracing the changes, seeing them as a boost to industry credibility.
“It’s an opportunity to raise the bar for professionalism. With key information provided upfront, we’re seeing more serious buyers and fewer nasty surprises mid-contract,” a spokesperson said.
Who benefits most?
Buyers are the clear winners, gaining access to vital property information from the outset.
But sellers also benefit—by demonstrating transparency, they’re more likely to attract serious offers and reduce the risk of post-contract disputes.
That said, there are some concerns about the increased burden on vendors. Gathering the necessary documents can be time-consuming and costly, particularly in regional areas with limited access to digital property records.
Challenges and concerns
While the REIQ supports the new laws, it has flagged the lack of state-wide infrastructure as a key concern.
“Queensland still lacks a comprehensive, user-friendly search tool for disclosure documents,” said Ms Mercorella.
“This places a disproportionate burden on sellers—especially outside metropolitan areas.”
Additional pressure may arise for sellers with unapproved renovations, which must be disclosed. While this doesn’t prevent a sale, it may affect buyer interest or pricing.
The road ahead
Despite the challenges, industry sentiment is broadly positive. Many agents believe the new system will enhance transparency and build long-term trust in the Queensland property market.
The REIQ is urging sellers, buyers, and agents to start early, seek legal advice, and familiarise themselves with the new requirements.