From 1 August 2025, Queensland’s Property Law Act 2023 (the Act) introduces significant changes to property sales, requiring sellers to provide a comprehensive disclosure statement and prescribed certificates before contracts are signed by the buyer.
In a recent InfoTrack webinar, Wendy Devine, Manager of Legal Policy at the Queensland Law Society, joined Zack Hart, InfoTrack’s Client Relationship Manager, to explore what these changes mean for legal practitioners, and how InfoTrack’s purpose-built solution can help meet the new requirements efficiently.
Here’s what you need to know.
The new framework applies broadly to all property sales across Queensland, including commercial land. As Wendy explained, “The fact that it’s commercial as opposed to residential does not make a difference; the Seller Disclosure framework applies.”
However, some exceptions exist under Section 100 of the Act, such as sales involving lots valued over $10 million or off-the-plan sales governed by the Land Sales Act. Additionally, if the contract is signed before 1 August 2025, the Seller Disclosure requirements will not apply to that contract. Section 100 of the Act lists a number of other exceptions which practitioners should also consider when preparing for a transaction.
Sellers, or their representatives, must provide:
Wendy emphasised that accuracy is paramount: “The obligation is that disclosure must be accurate at the time it’s given. If disclosure is inaccurate, it gives the buyer a right to terminate the contract.”
There’s no fixed timeframe in the legislation around when searches must be conducted, but practitioners should apply their professional judgement. As Wendy noted, “The legislation simply says accurate at the time that disclosure is given. There is no statutory time frame.”
QLS has also published information on its Property Central page to assist practitioners. The Background Information Document there notes there is no statutory obligation to update the information if it becomes inaccurate after the disclosure documents are given to the buyer. However, a seller and their legal representative should be wary of engaging in misleading or deceptive conduct in the period between giving the statement and signing the contract, if the seller knows the information has become inaccurate. Sellers also need to comply with any disclosure obligations in the contract of sale including accurate statements of title information at the time the contract is entered into.
While sellers are responsible for providing the disclosure statement and prescribed certificates, legal practitioners representing buyers should still turn their minds to the information given to their clients.
Wendy explained: “If your client as the buyer is worried the disclosure may be inaccurate or incomplete, it’s worth considering redoing the searches.” Practitioners should discuss this with clients and offer advice on whether conducting new searches would help mitigate potential risks. It may be necessary for a buyer and their representative to order updated searches to determine whether the disclosure documents are inaccurate. If seeking to terminate based on inaccurate or incomplete disclosure, a buyer needs to satisfy the materiality test in section 104(1)(b) of the Act.
It’s important to be pragmatic when preparing Seller Disclosure documents. Wendy advised firms to build search times into their workflows: “You want to be ready to provide disclosure documents if there’s a seller ready to make an offer. You don’t want to be caught out without disclosure documents ready to hand over.”
Wendy explained: “Agents can undertake the Deller Disclosure form. There’s no statutory requirement that it be done by a solicitor.” However, only solicitors can give legal advice to a seller who has questions about interpreting the search results and prescribed certificates to complete the Form 2. Likewise, it is the role of a solicitor to advise a buyer about the impact of the disclosure documents and their rights under the seller disclosure scheme.
While there’s no statutory requirement for a solicitor to prepare the disclosure documents, the Queensland Law Society always recommends sellers and buyers seek legal advice before entering into contracts. Solicitors are well-placed to work with their seller clients to prepare the disclosure documents and advise sellers on complying with the new Seller Disclosure framework.
To support firms navigating these new requirements, InfoTrack has developed a Seller Disclosure solution.
Key features include:
For current InfoTrack clients, you can already access and review the solution via your account, ahead of the 1 August deadline.
Queensland’s new Seller Disclosure Regime represents a significant shift in property sales compliance. By familiarising yourself with the requirements now, reviewing your workflows, and exploring InfoTrack’s solution, your firm can stay ahead of the curve.
To see InfoTrack’s Seller Disclosure solution in action, book a complimentary demonstration.
