From 1 August 2025, Queensland introduced one of the biggest changes to property contracts in recent years: the Seller Disclosure Scheme. The scheme requires most sellers to give buyers key information about the property before the buyer signs the contract. The purpose is to make property transactions more transparent and help buyers make an informed decision before committing to purchase.
What is the Seller Disclosure Scheme?
The Seller Disclosure Scheme applies to most contracts for the sale of freehold land in Queensland, including residential and commercial properties. It can also apply to mortgagee sales, auctions and option contracts. However, it does not generally apply to proposed lots, such as many off-the-plan contracts.
There are also several exceptions. For example, the scheme may not apply where the sale price is more than $10 million and the buyer waives the disclosure requirement, where the buyer and seller are related and a waiver has been given under the Property Law Act 2023, or where the sale gives effect to certain court orders, enforcement processes or family law agreements.
What documents must the seller provide?
Before the buyer signs the contract, the seller must usually provide a completed Seller Disclosure Statement, also known as Form 2, together with any prescribed certificates that are relevant to the property.
These documents may include:
- a current title search;
- a copy of the registered survey plan;
- any relevant notices about land use, planning or environmental matters;
- any council notices, such as show cause notices or enforcement notices;
- if applicable, a pool safety certificate or notice that no pool safety certificate is in effect;
- an owner-builder notice if work was carried out under an owner-builder permit;
- any notice requiring work to be done or money to be spent in relation to the property.
A notice requiring work or money to be spent can come from many sources. For example, it may arise from a court order about debt recovery, a QCAT decision about a dividing fence, a council notice to repair or clean up part of the property, or a tenancy-related notice where a lease continues after settlement.
If the property is part of a community titles scheme, the seller must usually give the buyer a current Community Management Statement and a body corporate certificate for the lot. For BUGTA schemes, a Community Management Statement is generally not required, so the seller usually only needs to provide the body corporate certificate. If the seller cannot obtain the body corporate certificate, they must provide an explanatory statement setting out why.
Buyer termination rights
A buyer may be able to terminate the contract before settlement if the seller does not provide the required Seller Disclosure Statement or prescribed certificates before the buyer signs.
A buyer may also have a termination right if the documents are provided but contain a significant error or omission, the buyer was unaware of that issue when signing, and the buyer would not have entered into the contract had they known the correct information.
However, not every mistake will give a buyer the right to terminate. The issue generally needs to relate to a material matter affecting the property. Some matters, such as rates and water service information, are not treated as material under the scheme. There may also be situations where another law provides a different consequence, meaning the buyer may not be able to terminate under the Seller Disclosure Scheme. If the contract is validly terminated, the seller must refund any money paid by the buyer within 14 days.
Getting it right from the start
The Seller Disclosure Scheme may seem daunting for sellers, but it does not require every possible issue affecting the property to be disclosed. For example, the standard disclosure statement does not include information about flooding or natural hazard history, structural soundness, pest issues, previous use of the property, building approvals, development approvals, service connections or whether asbestos is present.
This is why buyers should still make their own enquiries, obtain searches, arrange building and pest inspections, and seek legal advice before signing a contract.
For sellers, the key message is simple: disclosure needs to be prepared carefully and early. Providing incomplete or inaccurate documents can create unnecessary risk and may give a buyer the right to terminate the contract before settlement.
At bytherules Conveyancing, we can assist sellers in preparing for sale and ensuring their contract documents comply with the Seller Disclosure Scheme. Please contact us if you are looking to sell and would like further information.