{"id":4879,"date":"2025-08-28T13:44:04","date_gmt":"2025-08-28T03:44:04","guid":{"rendered":"https:\/\/theonsitemanager.com.au\/news\/?p=4879"},"modified":"2025-08-29T10:44:27","modified_gmt":"2025-08-29T00:44:27","slug":"queenslands-new-seller-disclosure-regime-has-commenced","status":"publish","type":"post","link":"https:\/\/theonsitemanager.com.au\/news\/queenslands-new-seller-disclosure-regime-has-commenced\/","title":{"rendered":"QUEENSLAND\u2019S NEW SELLER DISCLOSURE REGIME HAS COMMENCED"},"content":{"rendered":"\n

From \u201cBuyer Beware\u201d to \u201cSeller Must Declare\u201d<\/strong><\/p>\n\n\n\n


On 1 August 2025, Queensland\u2019s property landscape fundamentally changed. The new seller disclosure
regime applies to almost all freehold property sales\u2014residential or commercial, freestanding or within a
community titles scheme.<\/p>\n\n\n\n


This marks a clear move away from the traditional buyer beware model towards a framework where the
seller must declare. The result: greater consistency and certainty for buyers, but also higher compliance
risks for sellers.<\/p>\n\n\n\n

Simpler Contracts, But Greater Risks
There are now only two contracts of sale:
– One for residential property; and
– One for commercial property.<\/p>\n\n\n\n

This applies whether the property is a stand-alone lot or part of a community titles scheme.
\u26a0\ufe0f Land Tax Alert: Sellers can now pass their land tax liability on to buyers at settlement. There is no cap on the amount payable. Buyers could face unexpected, significant costs.<\/p>\n\n\n\n


Buyer\u2019s Rights:
A buyer may terminate a contract if the disclosure statement is defective. Which, in practice, this means
valid disclosure is now a condition precedent to a binding contract. The right of termination extends to the date of settlement of the contract. This has a significant impact of both parties.<\/p>\n\n\n\n


What Must Be Disclosed?
Sellers must provide an approved disclosure form together with prescribed searches. Key disclosure forms
include:
~ Form 2 \u2013 Seller Disclosure Statement \u2013 this is for all sales; and
~ Form 33 \u2013 Body Corporate Certificate \u2013 needed if the property is in a body corporate scheme.<\/p>\n\n\n\n

Other required documents, to be provided with the Seller Disclosure Statement includes, a title search &
registered plan, orders\/notices under planning, building, environmental, or neighbourhood dispute laws,
transport\/resumption notices, pool compliance certificate, for community title lots: current CMS + body
corporate certificate (or explanation if unavailable).<\/p>\n\n\n\n


Implied Warranties and Body Corporate Issues:
While not new, sellers\u2019 obligations regarding implied warranties have now been brought to the forefront
under the new regime. If breached, buyers may terminate within 14 days of receiving the contract (or
potentially later).<\/p>\n\n\n\n

Examples include:
– Undisclosed building or structural defects in common property
– Undisclosed special levies or liabilities (e.g., cladding, concrete cancer
– Serious body corporate disputes or compliance failures
If a body corporate certificate cannot be obtained, you may need to apply to the Commissioner\u2014potentially delaying settlement. Request your body corporate certificate as soon as possible.<\/p>\n\n\n\n


Key Takeaways
– The new regime is in force now \u2014 compliance is mandatory.
– Buyers have enhanced rights to walk away if disclosure is defective.
– Contracts are simpler, but risks are higher (particularly land tax).
– Early preparation and proper legal advice are essential.<\/p>\n\n\n\n


Need Help?
If you are:
– Selling your house or commercial property;
– An onsite manager and selling a lot in a complex you manage; or
– Selling your management rights business (including the manager\u2019s unit)<\/p>\n\n\n\n

\u2026these changes impact your sale process.<\/p>\n\n\n\n

We assist sellers and buyers with:
– Preparing compliant seller disclosure statements
– Reviewing contracts and advising on risks
<\/p>\n\n\n\n

Remember: as solicitors, we cannot prepare or review contracts in isolation. It is critical that sellers and
buyers understand the consequences of non-compliance\u2014especially important for a seller if the sale
proceeds are funding the purchase of another property. Termination at such a critical point can be a costly mistake.<\/p>\n\n\n\n


Disclaimer:
This update is provided for general information only and does not constitute legal advice. Readers should
not act solely on the information contained herein. Specific advice should be sought from a qualified legal
practitioner regarding your circumstances before entering into any property transaction or contract.<\/p>\n\n\n\n

Written by Vanessa Sciortino, Legal Practice Director, Quartz Legal Qld<\/p>\n","protected":false},"excerpt":{"rendered":"

From \u201cBuyer Beware\u201d to \u201cSeller Must Declare\u201d On 1 August 2025, Queensland\u2019s property landscape fundamentally changed. The new seller disclosureregime applies to almost all freehold property sales\u2014residential or commercial, freestanding or within acommunity titles scheme. This marks a clear move away from the traditional buyer beware model towards a framework where theseller must declare. The result: greater consistency and certainty for buyers, but also higher compliancerisks for sellers. Simpler Contracts, But Greater RisksThere are now only two contracts of sale:– One for residential property; and– One for commercial property. This applies whether the property is a stand-alone lot or part of a community titles scheme.\u26a0\ufe0fRead More →<\/a><\/p>\n","protected":false},"author":1093,"featured_media":4880,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mbp_gutenberg_autopost":false},"categories":[3,7,2],"tags":[],"_links":{"self":[{"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/posts\/4879"}],"collection":[{"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/users\/1093"}],"replies":[{"embeddable":true,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/comments?post=4879"}],"version-history":[{"count":1,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/posts\/4879\/revisions"}],"predecessor-version":[{"id":4881,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/posts\/4879\/revisions\/4881"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/media\/4880"}],"wp:attachment":[{"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/media?parent=4879"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/categories?post=4879"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/theonsitemanager.com.au\/news\/wp-json\/wp\/v2\/tags?post=4879"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}