QLD Seller Disclosure & Form 2 Explained

At a glance

Since 1 August 2025, sellers of property in Queensland, including commercial and industrial property, must give buyers a signed Form 2 Seller Disclosure Statement and all prescribed certificates before the buyer signs the contract.

If disclosure is not given, or is materially inaccurate or incomplete, the buyer may be able to terminate the contract at any time before settlement. Sellers and buyers cannot contract out of the scheme.

What Is the Seller Disclosure Regime?

Since 1 August 2025, property sales in Queensland have been subject to a new legal framework under the Property Law Act 2023 (Qld). Previously, the requirement for seller disclosure to be attached to the front of a sale contract was limited to strata-titled properties. The statutory seller disclosure regime is designed to bring greater transparency and consistency to all property sale transactions.

The regime, outlined in Division 4, Part 7 of the Property Law Act 2023, requires sellers to provide buyers with:

A completed and signed Form 2 Seller Disclosure Statement
All prescribed certificates relevant to the property

These must be accurate and current at the time of delivery. While the buyer is not legally required to sign, it is recommended this is sought as acknowledgement of receiving the disclosure.

The regime applies to all contracts signed on or after 1 August 2025, regardless of when the property was listed. Limited exemptions apply, such as sales between related parties and certain large transactions of $10 million or more where the buyer gives a written waiver.

Whether you're buying or selling, it's important to understand how this change affects you. The Queensland Government provides an overview on its seller disclosure scheme page.

How disclosure fits into the sale process

Engage

Best practice is for the seller's solicitor to prepare the Form 2 at the start of the sale process, before marketing begins.

Compile

Title searches and prescribed certificates are obtained. For strata-titled property, the seller orders and pays for a body corporate certificate. The seller then signs the completed Form 2.

Disclose

The seller-signed Form 2 and all certificates must be given to the buyer before the buyer signs the contract of sale. Contracts cannot be exchanged until this is done.

Contract

The buyer reviews the disclosure, conducts due diligence and signs. If disclosure was missing or materially wrong, the buyer may terminate before settlement.

What Must Be Disclosed?

In plain terms, a seller disclosure tells the buyer the essential facts about the property before they commit: who owns it, what affects the title such as easements, leases and other encumbrances, how the land can be used under current zoning, whether any government proposals or environmental issues touch it, the state of rates and water charges, and, for strata-titled property, the body corporate's records.

The specific details to be disclosed are listed in the Property Law Regulation 2024. Form 2 is divided into parts, each covering specific information:

Part 1: Seller & Property Details

Seller's name, property address, lot and plan description, and scheme involvement such as community titles or BUGTA.

Part 2: Title & Encumbrances

Title search and survey plan, registered and unregistered encumbrances such as easements and leases, statutory encumbrances, and tenancy history including rent changes.

Part 3: Land Use, Planning & Environment

Zoning, transport proposals or resumptions, environmental contamination, and tree or heritage orders.

Part 4: Buildings & Structures

Pool compliance, owner-builder declarations, and local authority enforcement notices.

Part 5: Rates & Services

Latest rates and water charges, and any exemptions or lack of separate water notices.

Part 6: Community Titles / BUGTA

Community management statement and body corporate certificates. For strata-titled property, the seller must order the body corporate certificate from the body corporate and pay for it.

Does It Apply to Commercial Property?

Yes. The regime applies to sales of both residential and commercial property in Queensland, including industrial, office and retail assets. Commercial sellers should allow additional preparation time, as commercial properties often carry more complex title, leasing and encumbrance profiles, and tenancy details form part of the required disclosure.

For commercial transactions, the disclosure requirements sit alongside other recent compliance changes, including the AML requirements that now apply to commercial real estate. Sellers planning a sale structured as a going concern should also understand how the going concern GST exemption works.

Why This Matters for Buyers

The regime ensures buyers receive key information before signing a contract, allowing for informed decision-making and reducing post-sale disputes.

Buyers should:

Thoroughly review Form 2 and all attachments
Seek legal advice if anything is unclear
Understand that disclosed issues cannot later be grounds for contract termination

What Form 2 does not cover

Flood or natural hazard history. Structural or pest issues. Development approvals. Asbestos presence. Utility availability.

Buyers should conduct independent due diligence, such as building and pest inspections and planning checks, before committing.

Keeping the Disclosure Current

The disclosure documents must be accurate and current at the time they are given to the buyer. This has two practical consequences. First, if a campaign runs for an extended period, certificates may need to be refreshed before they are given to a buyer. Second, disclosure attaches to each buyer, so if a contract falls over, a current disclosure must be given to the next buyer before they sign.

The Act also allows disclosure documents to be given and signed electronically. Platforms such as DocuSign can be used for the execution of both Form 2s and contracts of sale, which in practice means a solicitor can issue and complete documents with an interested buyer within minutes when they have been prepared in advance.

Buyer's Right to Terminate

If the seller fails to provide the required documents before the buyer signs, or the information is materially inaccurate or incomplete, the buyer may terminate the contract at any time before settlement.

Who Can Prepare a Form 2?

The Form 2 can legally be prepared by:

The seller's solicitor
The seller themselves
A licensed real estate agent (with written instruction)

Best practice is for the seller's solicitor to prepare the disclosure at the start of the sale process. Disclosure is a legal document with real consequences if it's inaccurate or incomplete, and having it ready before marketing begins means the contract can be signed the moment a buyer is secured, without delays or last-minute errors. Agents who prepare disclosure documents must follow strict protocols and cannot give legal advice, and any fees charged by an agent must be disclosed in the PO Form 6 Appointment of Property Agent. Crew Commercial's practice is for disclosure documents to be prepared by the seller's solicitor.

For strata-titled property, the seller will also need their body corporate to provide a body corporate certificate, which the seller orders and pays for. This should be requested early, as it forms part of the disclosure documents that must be given to the buyer before signing.

A real example of why timing matters

Crew Commercial was appointed to sell a commercial property and secured a genuine, qualified buyer within days of launching the campaign. The buyer was ready to sign. However, the disclosure documents had not been prepared in advance, and the solicitor took an extended period to produce them. Because the contract could not be signed until disclosure was given, the buyer kept looking, found a similar property nearby, and committed to it instead.

Buyer interest is at its peak in the first days of a campaign, and momentum is hard to recover once it's lost. Having the Form 2 and all certificates prepared before marketing begins means a willing buyer can sign on the spot.

The Form 2 is available to view on the Queensland Government Publications Portal: Form 2 Seller Disclosure Statement.

How Can Crew Commercial Help?

Our expert agents, property managers and administration staff have been actively working with various solicitors since the legislation commenced. We are happy to refer clients to recommended solicitors to assist with Form 2 obligations.

Ensuring correct disclosure is conducted will enable your sale or purchase to be an informed, legally binding arrangement. If you're considering a sale, you can request an appraisal or contact our team. We look forward to assisting with your Brisbane, Gold Coast and Northern New South Wales commercial property needs.

Frequently Asked Questions

› Does the seller disclosure regime apply to commercial property in Queensland?

Yes. The regime applies to sales of both residential and commercial property in Queensland, including industrial, office and retail assets. Limited exemptions apply, such as certain large transactions of $10 million or more where the buyer gives a written waiver.

› When did the seller disclosure regime start?

The regime applies to all contracts signed on or after 1 August 2025, regardless of when the property was listed.

› Who can prepare the Form 2 Seller Disclosure Statement?

The Form 2 can be prepared by the seller's solicitor, the seller themselves, or a licensed real estate agent with written instruction. Best practice is for the seller's solicitor to prepare it at the start of the sale process, and this is Crew Commercial's practice.

› What happens if the seller does not give the disclosure documents?

If the required documents are not provided before the buyer signs, or the information is materially inaccurate or incomplete, the buyer may terminate the contract at any time before settlement.

› Does the Form 2 cover flooding or building condition?

No. Flood and natural hazard history, structural and pest issues, development approvals, asbestos and utility availability are not covered by Form 2. Buyers should conduct their own due diligence such as building and pest inspections and planning checks.

› Who has to sign the Form 2?

The seller must sign the Form 2 before it is given to the buyer. The buyer is not legally required to sign, but it is recommended that a signature is sought as acknowledgement that the buyer received the disclosure before signing the contract.

Further reading: the Queensland Government's seller disclosure scheme overview and REIQ's guidance on the regime.

DISCLAIMER: This article is provided for information purposes only and does not constitute legal advice and should not be used as such. Formal and independent legal advice should be sought in particular matters. Crew Commercial cannot and does not warrant, nor represent in any way, that the information contained herein is current and/or will remain current beyond the time and date of release.

QLD Seller Disclosure Requirements