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Selling Property in Queensland After 1 August 2025? Here’s How to Prepare Your Disclosure

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.

More news from Butler McDermott Lawyers

Peter Boyce

Consultant

Peter has been practising as a Nambour Solicitor since 1977 and joined Butler McDermott Lawyers the same year.

With over 40 years practicing as a Sunshine Coast lawyer, Peter has extensive knowledge of various facets of law.

He has practised in all areas of litigation and has special interests in:

  • Criminal law
  • Civil and Commercial litigation
  • Retirement Village matters
  • Sports law
  • Resumption of land and compensation claims

 

Peter has specialised knowledge of and experience with resumption matters as a result of the Traveston Dam project, road corridors, Main Roads and water pipeline. He is renowned for his professional approach and is an experienced and determined advocate.

Brent King

Solicitor/Director

Brent works as a litigation lawyer, providing litigation legal advice in relation to both civil and criminal law matters, including:
  • Defamation Claims
  • Contract and Debt Disputes
  • Building and Construction Disputes
  • Planning Matters
  • Criminal Law and Traffic Legal Matters
Having grown up on the Sunshine Coast and joining Butler McDermott after the completion of his studies, Brent appreciates the needs of our clients, and brings a particularly commercial approach to litigation. Brent is a member of the Queensland Law Society and the Sunshine Coast Law Association, and has litigated a wide variety of matters in the Magistrates, District and Supreme Courts.

Al Upton

Solicitor/Director

After arriving at Butler McDermott Lawyers in 2016, Al quickly progressed to running our Wills and Estates section and has successfully litigated disputes in the Supreme and District Courts of Queensland in the early stages of his career.

In the years that followed Al has now moved to assist our clients with commercial and property matters having achieved positive outcomes in that area as well as general litigation. Al’s experience has him uniquely placed to provide quality advice in the areas of property, commercial, wills and estates and general litigation.

Al is involved in giving back to the community, sitting on the board for the Daniel Morcombe Foundation and Sundale Community Foundation. He otherwise became a director of Butler McDermott Lawyers in November 2021.