From 1 August 2025, Queensland introduced a major change to the way residential property is bought and sold. Under the new Property Law Act 2023 (Qld), sellers must comply with strict disclosure obligations before a buyer signs a contract. This shift is designed to give buyers greater transparency and reduce disputes caused by hidden issues or missing information.
For sellers, however, the new regime imposes a higher standard – and failing to comply can result in delays, contract termination, or legal liability.
Here is what buyers and sellers need to understand about the new disclosure rules.
What Is Mandatory Seller Disclosure?
Under the new legislation, sellers must now provide buyers with a pre-contract disclosure statement, together with a series of prescribed certificates and information about the property. This information must be given before the buyer signs the contract, not afterwards.
The goal is to ensure that buyers are fully informed about the property’s legal, structural, and environmental status before committing to the purchase.
What Must Be Disclosed?
The disclosure statement must include accurate, up-to-date information about matters affecting the property. Examples include:
Title particulars and registered encumbrances
Unregistered easements or access rights
Planning and zoning information
Environmental notices or contamination issues
Transport or infrastructure proposals affecting the land
Outstanding rates, water charges, or land tax
Body-corporate information for strata properties
Any other prescribed certificates required by regulation
The list is extensive, and accuracy is critical. Incorrect or incomplete disclosure can give the buyer the right to terminate the contract at any time up to settlement.
What Happens If Disclosure Is Not Provided or Is Incorrect?
Under the new rules, failure to provide proper disclosure gives the buyer significant rights. These may include:
Terminating the contract before settlement
Refusing to complete the purchase due to misleading or incomplete disclosure
Seeking compensation in situations where the seller’s failure has caused financial loss
For sellers, this represents a major shift in accountability. It is no longer enough to rely on standard REIQ clauses. The seller must ensure full compliance with the new regime.
How Buyers Benefit from the New Regime
The new framework offers stronger protection for buyers by providing clearer information upfront. Buyers can:
Identify issues early (such as easements, zoning limits, or upcoming infrastructure works)
Avoid unexpected financial liabilities
Proceed with more confidence, knowing the legal status of the property
Make better comparisons between properties based on complete information
The changes are widely viewed as “buyer-friendly” because they reduce the risk of purchasing a property with hidden defects or legal complications.
What Sellers Should Do Now
If you are preparing to sell, compliance with the disclosure regime should be treated as part of your pre-listing preparation. Working with a property lawyer early ensures that:
All required documents are obtained
The disclosure statement is accurate and complete
Any issues are resolved before the property is marketed
The final contract aligns with the new Property Law Act requirements
Proper preparation not only avoids the risk of termination, but also increases buyer confidence and smooths the sale process.
The Role of a Property Lawyer
A property lawyer can help both buyers and sellers navigate the new disclosure framework in multiple ways, including:
Preparing and reviewing pre-contract disclosure statements
Identifying missing certificates or inaccuracies
Explaining how disclosure interacts with contract terms
Advising on risk management and compliance
Handling disputes or termination issues if they arise
With the new laws now in effect, legal advice is essential to ensure your transaction complies fully with Queensland’s updated property rules.
Final Thoughts
The introduction of mandatory seller disclosure marks one of the most significant changes in Queensland property law in decades. Sellers now carry a greater responsibility to disclose, and buyers gain stronger protection.
Whether you are buying or selling, understanding the new requirements – and obtaining legal guidance early – will help you navigate the updated landscape with confidence.