Real Estate Agents’ Guide to Navigating QLD’s New Disclosure Rules
Real estate agents play a pivotal role in ensuring compliance with Queensland’s new seller disclosure laws. With the seller disclosure regime commencing on 1 August 2025, real estate agents are stepping into a more complex role and the introduction of the Form 2 Seller Disclosure Statement under the Property Law Act 2023 and Property Law Regulation 2024 presents both opportunities and risks for agents.
Key Responsibilities for Agents:
While agents can prepare the Form 2 on behalf of sellers, they may only do so if expressly authorised in writing. Once authorised, agents may collect required documents, order searches, prepare the Form 2 real estate disclosure form, arrange for the seller to sign.
Legal and Ethical Boundaries
While agents are permitted to prepare the Seller Disclosure Statement, they must not provide legal advice. This includes interpreting search results, or advising Sellers on what must be disclosed, or explaining legal implications of encumbrances or notices.
Under the Legal Profession Act 2007 (Qld), only qualified legal practitioners may give legal advice and agents who cross this line risk:
- Breaching legal practice laws
- Creating reputational damage and liability for themselves and their agency
- Exposing sellers to contract termination or litigation
Risks of Preparing Seller Disclosure Statements
Even with good intentions, agents face several risks when preparing Seller Disclosure Statements:
- Misinterpretation of Search Results: Agents may not be equipped to understand or explain legal documents like easements, contamination notices, or planning approvals.
- Incomplete or Invalid Attachments: Including outdated certificates or missing documents can render the disclosure non-compliant.
- Seller Liability: If the Form 2 is incorrect, the legal responsibility falls on the seller—even if the agent prepared it and you may not be able to rely on their professional indemnity insurance
These risks underscore the importance of a legally sound process that protects both the seller and the agent.