New seller disclosure scheme: from 'buyer beware' to transparent transactions

Queensland's property landscape is set for its most significant transformation in nearly 50 years 4 min read

On 1 August 2025 the Property Law Act 2023 (Qld) will replace the Property Law Act 1974 (Qld)—a landmark reform that will modernise Queensland's property law and enhance transparency in property transactions. One of the major changes that will be introduced on 1 August 2025 is the new seller disclosure scheme.

This Insight helps you navigate the requirements and potential consequences of this new disclosure scheme.

What has changed?

The traditional approach of 'buyer beware' has been fundamentally changed by the Property Law Act 2023 (Qld). Sellers now bear a far greater responsibility to provide key property information to buyers before contracting.

What must be disclosed?

From 1 August 2025, sellers will be required to provide a signed disclosure statement to the buyer (in the approved form, being a Form 2—available here) along with copies of prescribed certificates, before the buyer signs a contract (or if there are multiple buyers, before the first buyer signs the contract).

The disclosure statement must be completed with information prescribed by regulation that is true and correct at the time the statement is given to the buyer. It must include information on matters such as seller and property details, unregistered encumbrances, zoning, environmental matters, tree disputes, transport infrastructure proposals, heritage listings, resumption notices and accurate rates/charges information.

What are 'prescribed certificates'?

Prescribed certificates are prescribed by the Property Law Regulation 2024 (Qld). They include documents such as a copy of the title search, plan of survey, body corporate certificate, pool compliance certificate, notices under various Acts (including the Environmental Protection Act 1994 (Qld) and the Building Act 1975 (Qld)) and documents given to the seller in relation to a tree on the lot, a transport infrastructure proposal to locate transport infrastructure on the lot or alter the dimensions of the lot and any notice of intention to resume.

Which sales does the scheme apply to?

The disclosure obligations generally apply to all sales of freehold land (including residential, commercial, industrial and agricultural).

The disclosure scheme cannot be contracted out of but does not apply to 'proposed lots' (ie 'off the plan' sales) under the Building Units and Group Titles Act 1980 (Qld), Land Sales Act 1984 (Qld), Body Corporate and Community Management Act 1997 (Qld) and South Bank Corporation Act 1989 (Qld). Disclosure for these lots remains governed by existing provisions in those acts.

Exemptions may also apply in certain circumstances and include:

• sales between related parties where the buyer waives disclosure
• sales between co-owners or neighbouring landowners for boundary realignments
• contracts arising from options where disclosure was provided when entering the option (and the ultimate buyer is the same)
• sales exceeding $10 million (including GST) where the buyer waives disclosure
• sales to a publicly listed corporation, a subsidiary of a listed corporation, the state (or another state), the Federal Government, a local government, a statutory body or a constructing authority under the Acquisitions of Land Act 1967 (Qld).

What if a seller fails to give either a disclosure statement or a prescribed certificate before a buyer signs? 

Where the seller fails to give either a disclosure statement or a prescribed certificate to a buyer before it signs a contract, the buyer will have a right to terminate that contract, by notice to the seller, any time before settlement. The buyer will also have a right to be refunded in full any amounts paid towards the purchase (plus interest).

What if another act already prescribes a consequence for failure to disclose or failure to provide a prescribed certificate?

Where another act provides a consequence to the seller for failure to disclose or failure to provide a prescribed certificate, that consequence applies instead of the general termination rights under the Property Law Act 2023 (Qld) disclosure scheme.

What if a disclosure statement or prescribed certificate is inaccurate or incomplete?

Where the disclosure statement or any prescribed certificate is inaccurate or incomplete in relation to a 'material matter', the buyer was not aware of the correct state of affairs at the time of signing the contract and the buyer would not have signed the contract had they been aware of the correct state of affairs, the buyer may terminate the contract by notice to the seller any time before settlement. The buyer will also have a right to be refunded in full any amounts paid towards the purchase (plus interest).

Currently, the only prescribed disclosure information that is not a 'material matter' are matters relating to rates and water services.

What if another act already prescribes a consequence for an incomplete or inaccurate disclosure statement or prescribed certificate?

Where another act provides a consequence to the seller for giving of an incomplete or inaccurate statement or prescribed certificate, those remedies apply instead of the general termination rights under the Property Law Act 2023 (Qld) disclosure scheme.

What if third-party information is inaccurate?

Where the seller obtains a prescribed certificate for the buyer from another entity and that prescribed certificate contains inaccurate information, termination and recovery of amounts paid for the sale of the lot (plus interest) will be the only remedy available to the buyer.