Seller Disclosure Regime

Our guide breaks down the Seller Disclosure Regime so you can navigate the process with clarity and confidence.

1. What is the Seller Disclosure Regime?

From 1 August 2025, all sellers of residential property in Queensland must comply with a mandatory disclosure regime introduced under the Property Law Act 2023 (Qld).

This regime shifts the legal burden onto sellers to proactively disclose important information about a property before a contract is signed. It replaces the current ‘buyer beware’ approach and aims to improve transparency and reduce disputes in property transactions.

2. What documents must I provide?

You must provide buyers with:
A completed and signed Form 2 – Disclosure Statement; and
A set of prescribed certificates, which may include:
• Title search
• Registered encumbrances (if applicable)
• Contaminated land search
• Pool safety certificate (if applicable)
• Body corporate information (if applicable*)
• Notices from local council or government
• QCAT Tree/Dividing Fences Order/Application
• Transport Infrastructure Notice
• Heritage Search
• Any other disclosures required under regulations

RCB Law can assist in identifying and obtaining all relevant documents for your property. Will also provide a free consultation where we work with you to identify ways to reduce search costs.

3. When do I need to provide disclosure?

The disclosure documents must be given to the buyer before the contract is signed.
This applies to all sale methods, including private treaty and auctions. Failing to provide disclosure at the correct time may render the contract vulnerable to termination. We recommend commencing the process upon execution of the Form 6 so searches/certificates can be received and the Form 2 prepared expeditiously and in advance of buyers placing offers. Search turnaround times in Mount Isa are longer than other councils so it is beneficial to act promptly to avoid unnecessary delays.

4. What happens if I don’t comply?

If you:
• Fail to provide the required disclosure documents, or
• Provide inaccurate or incomplete information,
The buyer may have the right to terminate the contract at any time before settlement, even if they have suffered no loss. This could delay your sale, reduce buyer confidence, or result in lost opportunities. This may also expose the vendor to further legal and financial consequences.

5. How can I prepare now?

At RCB Law, we recommend sellers act early to avoid unnecessary delays or legal risks. Our office offers a fixed-professional-fee seller disclosure package which includes:
• Preparation of your Form 2 Disclosure Statement
• Obtaining and reviewing all required certificates
• Legal advice to ensure full compliance
• 20% loyalty discount on your conveyancing if you engage our office to prepare the Form 2
• Top Level Service – Over 290 x 5 Star reviews and counting.

Fees: $495 plus GST and Searches (Searches approx. ranging from $365.00 to $800.00)

Let our experienced team guide you through the process. Contact RCB Law today to get started and
secure your transaction with confidence.