Until now, Queensland buyers have operated under a traditional “buyer beware” model. Sellers needed only to provide basic information, and buyers typically performed title, planning, and compliance checks after signing a contract.
From 1 August 2025, that shifts. Sellers must now deliver a fully completed Form 2 Seller Disclosure Statement, along with current supporting documents, before the buyer signs the contract. If disclosure is late, incomplete, or inaccurate, the buyer can terminate the contract at any time before settlement, even with no financial loss.
Why This Matters to You as a Seller
Timing has flipped. Disclosure previously happened post-contract; now it must happen pre-contract.
Accuracy and completeness are not optional. Mistakes or omissions can result in a buyer seeking compensation or termination of the contract up until Settlement. There is no ability to “fix” the disclosure after the contract.
What You Must Do Before Your Property Goes to Market
Engage a Property Lawyer Early
The Form 2 is a legal document. Errors or missing information can derail your sale, even late in the process.
Identify and Confirm Disclosure Obligations
You’ll need to confirm:
Any registered or unregistered easements or encumbrances
Rate Information, Planning, zoning, or environmental notices
Pool safety compliance
Existing leases or unregistered interests
Body corporate or community title arrangements (if applicable)
Start Gathering Required Documents
Before listing, collect official documents, including:
Rates Notices
Land Tax Notices (if applicable)
Council and infrastructure notices
Pool safety certificate (if applicable)
Body corporate or community management statement
Ensure Disclosure Is Delivered Before Signing
The Form 2 and all required documents must be provided to the buyer before contract execution. If you delay, you may find yourself in a position where the buyer seeks termination of the contract, even after finance and inspections are complete.
How Butler McDermott Lawyers Can Help
Our team offers:
Drafting your Form 2 disclosure
Identifying risks associated with easements, zoning, or certificates
Gathering and verifying documents needed for disclosure
Coordinating the timing of disclosure delivery with agents
With over a century of experience on the Sunshine Coast, we ensure your sale starts with confidence, not risk.
Need guidance on seller disclosure before going to market?
Don’t risk losing a buyer over an incorrect or incomplete disclosure. Our experienced property law team will help you prepare the right documents, meet your legal obligations, and protect your sale from day one.
Contact us today on 07 5441 1044 or visit butlermcdermottlawyers.com to book a consultation. We’ll provide clear, practical advice tailored to your situation so you can move forward with confidence.