From 1 August 2025, Queensland’s updated seller disclosure laws will come into effect, introducing clearer obligations for property sellers to disclose specific information to potential buyers. These changes aim to provide greater transparency and protect buyers from unexpected issues post-purchase.
At Nationwide Conveyancing, we’re here to help sellers navigate these updated requirements and ensure compliance with the new laws. This article outlines the seller’s disclosure obligations effective from 1 August 2025, the potential consequences of non-compliance, and answers to frequently asked questions.
What is Seller’s Disclosure?
Seller’s disclosure is the legal requirement for property sellers to provide specific information about their property to prospective buyers. This ensures buyers are fully informed before entering into a contract of sale. The updated laws simplify the disclosure process, specifying exactly what sellers must disclose and standardizing the format for these disclosures.
What Must Sellers Disclose from 1 August 2025?
Under the new laws, sellers must disclose the following key details:
- Legal and Title Information
- Easements, covenants, and encumbrances on the property.
- Unregistered encumbrances affecting the property.
- Any outstanding notices or orders issued by local councils or other authorities.
- Property Condition
- Known structural defects or issues that could affect the property’s value or safety.
- History of flooding or contamination.
- Council and Utility Charges
- Outstanding council rates or utility charges.
- Body Corporate Details (if applicable)
- For strata properties, sellers must disclose body corporate levies, disputes, and by-laws.
- Occupancy Details
- Whether the property is subject to a tenancy agreement.
- Pool Safety Compliance
- Whether a pool safety certificate has been obtained.
- Smoke Alarm Compliance
- Confirmation that the property meets current smoke alarm regulations.
- Neighbourhood Disputes
- Any ongoing disputes with neighbours, including noise complaints or boundary disagreements.
How to Comply with the Updated Seller’s Disclosure Laws
- Prepare a Disclosure Statement
Sellers must complete a standardized disclosure statement provided by the Queensland Government, which outlines all required information. - Provide Supporting Documents
Include any necessary supporting documentation, such as council notices, body corporate records, or compliance certificates. - Deliver the Disclosure Statement to Buyers
The statement must be provided to prospective buyers before the contract is signed. - Update the Disclosure Statement if Needed
If circumstances change (e.g., new council notices or disputes arise), the seller must update the disclosure statement and inform the buyer.
Consequences of Non-Compliance
Failing to comply with the updated seller disclosure requirements can result in:
- The buyer terminating the contract of sale.
- Claims of misrepresentation or breaches of contract, potentially leading to legal action.
- Fines and penalties under Queensland property laws.
Benefits of the Updated Seller’s Disclosure Laws
- Transparency for Buyers
Buyers have access to all relevant information upfront, enabling informed decisions. - Reduced Disputes
Standardized disclosures minimize misunderstandings and disputes between buyers and sellers. - Streamlined Process
The new laws provide clarity for sellers, making it easier to meet disclosure obligations.
FAQs About Seller’s Disclosure in QLD (Effective 1 August 2025)
Q: When must the seller’s disclosure statement be provided?
The disclosure statement must be provided to the buyer before they sign the contract of sale.
Q: What happens if I fail to disclose something?
If a required disclosure is omitted, the buyer may terminate the contract or pursue legal action for misrepresentation.
Q: Do I need to disclose past flooding if it occurred decades ago?
Yes, any known history of flooding or other environmental issues must be disclosed, regardless of when it occurred.
Q: What if I’m unaware of an issue that should have been disclosed?
Sellers are only required to disclose information they know or should reasonably know. However, a thorough investigation of the property’s history is recommended.
Q: Can the disclosure statement be updated after the contract is signed?
No. The disclosure statement must be accurate at the time the contract is signed. Updates should be made before the contract is finalized.
Q: Do these laws apply to all properties in Queensland?
Yes, the new seller disclosure requirements apply to all residential properties in Queensland.
Tips for Sellers to Prepare for Disclosure
- Conduct a Pre-Sale Audit
Review the property for any issues that require disclosure, such as defects, disputes, or compliance matters. - Engage a Conveyancer
A conveyancer can help ensure your disclosure statement is accurate and complete, protecting you from legal risks. - Gather Supporting Documents
Collect relevant records, including council notices, body corporate statements, and compliance certificates. - Address Known Issues
Resolve any known defects or compliance issues before listing the property for sale. - Be Transparent
Honest and accurate disclosure builds trust with buyers and reduces the likelihood of post-sale disputes.
Why Choose Nationwide Conveyancing?
At Nationwide Conveyancing, we specialize in ensuring sellers meet all legal requirements for property transactions, including the new disclosure laws. Our experienced team provides personalized support to help you prepare accurate disclosure statements, giving you peace of mind throughout the sales process.
Queensland’s updated seller disclosure laws, effective 1 August 2025, aim to create greater transparency in property transactions. As a seller, complying with these requirements protects you from legal risks while providing buyers with the information they need to make informed decisions.
If you’re preparing to sell your property and need assistance with seller disclosure requirements, contact Nationwide Conveyancing today. Let us guide you through the process with expertise and ease.
This is general advice only.