Sellers who get the disclosure wrong face buyers who can walk away — even after a deposit is paid.
Queensland's mandatory seller disclosure scheme commenced under the Property Law Act 2023 (Qld) on 1 August 2025. It fundamentally changed how Queensland property sales work — shifting from a largely buyer-beware approach to a system where sellers must provide prescribed information to buyers before any contract is signed.
What Changed — and Why Queensland Was the Last to Act
Queensland had a problem other states didn't.
For decades, Queensland operated without a mandatory pre-contractual seller disclosure regime. Buyers were largely left to conduct their own searches after contract — which meant they were often legally committed to a purchase before they had full information about what they were buying.
Every other mainland Australian state had moved to mandatory pre-contractual disclosure years earlier.
The Property Law Act 2023 (Qld) addressed that gap. It introduced a structured scheme requiring sellers to obtain and provide prescribed certificates, compile them into a disclosure statement, and deliver that statement to the buyer before the contract of sale is signed.
Not before settlement. Before contract.
That timing change is the heart of the reform.
Seller Disclosure — Three Requirements
Three things from sellers — all before the contract is signed.
First, a prescribed disclosure statement form. This is a standard form prescribed under the Act.
Second, the prescribed certificates. These are searches and reports obtained by the seller from various government registers and authorities — covering title, land tax, rates, contamination, flood risk, and other relevant matters.
Third, additional information depending on the property type. For units and townhouses in community title schemes (body corporates), the disclosure package includes body corporate documents.
All of it goes to the buyer before the contract.
Inside the Disclosure Statement
Inside the statement are two components. At its simplest, it includes the prescribed form completed by the seller — answering questions about the property's known condition, any notices received, and other disclosable matters — with the certificates attached. The certificates are obtained externally from government registers and authorities, not prepared by the seller.
Both components matter.
Omissions from the seller-completed form, and missing or defective certificates, can each constitute incomplete disclosure. The right to terminate isn't triggered only by the complete absence of a disclosure statement — a materially defective one also creates risk.
What the Prescribed Certificates Reveal
Each certificate answers a different question about the property.
A title search shows who is registered as the owner, any mortgages or charges on the property, registered easements, covenants, and any caveats lodged against the title. It reveals the legal state of ownership.
Land tax certificates from Queensland Revenue Office show whether any land tax is owing — unpaid land tax can become a charge on the land itself, which is why buyers need to know about it before signing anything.
Local government searches cover outstanding council rates, water charges, and any notations from the council. Heritage overlays and certain planning designations can appear here.
Contaminated land searches check the Environmental Protection Act register for any recorded contamination. Properties on a contaminated sites register carry implications for how they can be used and developed.
Flood risk searches and associated council mapping show whether the property sits in a flood-affected area. Queensland's flood history makes this one of the more consequential certificates for many properties.
For units and townhouses, the body corporate information sheet and community management statement disclose levies, the by-laws, the scheme's financial position, and any special levies or disputes in the scheme.
Heritage listings, tree protection overlays, and other specific registers may also appear depending on the property's location and nature.
What Happens If the Seller Gets It Wrong
Buyers get a statutory exit.
Under the Queensland Government's seller disclosure scheme, if a seller fails to provide the disclosure statement before the contract is signed, the buyer has a statutory right to terminate. That right survives a signed contract and a paid deposit.
Missing the timing is the most common failure.
Sellers who provide the disclosure statement after the contract is signed — rather than before — have breached the requirement. The buyer can terminate. The same applies where a certificate is missing, or where the seller's answers contain a material omission.
That right survives a signed contract and a paid deposit. Missing the timing is where sellers most commonly get it wrong — and the consequences are significant.
Materiality matters.
Whether the omission would have been material to a reasonable buyer's decision is the test — but in practice, information about land tax, flooding, or contamination rarely falls below that threshold.
After settlement, the right to terminate may be lost — buyers need to act before the settlement date.
Buyers — Reviewing the Disclosure Statement
Read it. Before signing anything.
Material information about the property appears in the disclosure statement that buyers would otherwise need to discover through independent searches. Now it comes first.
Check every certificate is present.
Missing certificates make the disclosure package defective. Buyers — or their solicitors — should confirm that all prescribed certificates are included, that the certificates are current, and that the information in them doesn't raise concerns that warrant further investigation before the contract is signed.
That last point matters.
Confirming a flood overlay is not the same as resolving it. Buyers who receive disclosure showing a flood-affected property need to decide what that means for their purchase — not simply check the box.
Building and pest inspections remain essential.
Building condition isn't covered by the disclosure scheme. Certificates tell buyers about the legal, financial, and regulatory position of the property — not whether the roof leaks, whether there's termite damage, or whether the retaining wall is failing. None of that appears in the prescribed certificates. Those questions are answered by a building and pest inspection, which remains a separate, indispensable step.
Property Types Covered — and the Exclusions
Residential property and vacant land are the primary categories.
Units and townhouses in community title schemes have expanded disclosure requirements — body corporate documents are added to the package. Off-the-plan purchases in community title schemes also require disclosure, though the form of disclosure may differ.
Not all sales trigger the scheme.
Sales by mortgagees in possession (banks selling after default), court-ordered sales, and certain other compulsory or distress sale circumstances are excluded from the mandatory disclosure requirements. The Act defines the exclusions. Where a sale falls into an excluded category, buyers should be particularly careful about the absence of standard disclosure and seek legal advice before proceeding.
Getting Legal Advice on Seller Disclosure
Queensland's seller disclosure scheme is new. Errors by sellers — missing certificates, wrong timing, incomplete forms — create legal consequences that can unwind sales. Buyers who receive incomplete or defective disclosure need to understand their rights quickly. Both sellers and buyers benefit from engaging a property lawyer or conveyancer early in the transaction.
Frequently Asked Questions
Queensland's Seller Disclosure Scheme — What Is It?
Queensland's seller disclosure scheme requires sellers of residential property to provide buyers with a disclosure statement — including prescribed certificates — before the contract of sale is signed. Introduced under the Property Law Act 2023 (Qld), it brought Queensland into line with other Australian states that had long required pre-contractual disclosure.
Sellers — What Certificates Must They Provide Under the Scheme?
Sellers must obtain and attach prescribed certificates including a title search, land tax certificate, local government rates search, contaminated land search, and flood risk information. For units in community title schemes, a body corporate information sheet and community management statement are also required. The exact list depends on the property type and location.
If the Seller Fails to Provide Disclosure — What Can a Buyer Do?
If a seller fails to provide the disclosure statement before the contract is signed, the buyer has a statutory right to terminate the contract under the Property Law Act 2023. This right applies even if a deposit has been paid. Buyers must exercise the right within the statutory window — it may be lost after settlement.
Before Contract — When Must the Disclosure Statement Be Given to the Buyer?
Before the contract of sale is signed. This is the critical timing rule — disclosure must happen pre-contract, not post-contract. Sellers need all prescribed certificates and the completed disclosure statement ready before marketing the property, not just before the parties exchange contracts.
No — Does the Seller Disclosure Statement Replace a Building and Pest Inspection?
No. The disclosure statement provides prescribed certificates and statutory information — it is not a substitute for a building and pest inspection, independent legal advice, or other buyer searches. Buyers should still conduct standard due diligence inspections even where a full disclosure statement has been provided by the seller.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Queensland property law, including the seller disclosure scheme, is subject to ongoing legislative and regulatory development. Readers should seek independent legal advice from a qualified Queensland property lawyer or conveyancer regarding their specific transaction.
