Form 2 seller disclosure in Queensland: what sellers must give buyers

For more than a century Queensland property buyers were told caveat emptor - let the buyer beware. The Property Law Act 2023¹ (Qld) changed that. Since the disclosure provisions commenced, sellers of most freehold land must hand buyers a Form 2 seller disclosure statement before contracts are signed. Get it wrong and the sale itself is at risk²³.

What goes in the Form 2

The form pulls together information many sellers have never had to compile:

• Title details, encumbrances and registered interests
• Planning information - zoning, overlays, environmental matters
• Notices affecting the land - resumption, infrastructure, contamination
• Body corporate information for community titles schemes, including levies and insurance summaries drawn from scheme records
• Rates and charges position
• A certificate signed by the seller confirming completeness

Supporting documents - title search, planning certificates, body corporate certificates - are attached. For units and townhouses the body corporate component alone generates real cost, which is why sellers should budget for disclosure preparation from day one.

When it must be given - and by whom

Disclosure precedes signature. A buyer who signs without receiving proper disclosure may have remedies against the seller, and agents cannot simply paper over gaps. Private sellers typically engage their solicitor to prepare the package; the buyer’s solicitor reviews it before advising on the contract.

Common traps we see

• Stale searches - certificates ordered weeks earlier may no longer be current at disclosure
• Missing interests - unregistered agreements, easements by prescription arguments, or informal family arrangements
• Body corporate surprises - special levies flagged in committee minutes but not summarised properly
• Pool safety and building work - certificates and notices that exist but are not disclosed
• Renovation approvals - unapproved structures discovered later become the seller’s problem

Buyers should still run their own checks; our guide to buying an older home covers risks disclosure will not solve, like asbestos condition itself.

Practical checklist for sellers

1. Instruct a Queensland property lawyer as soon as you decide to sell
2. Order title, planning and (if applicable) body corporate certificates early
3. Disclose honestly - the remedy for silence can be termination plus damages
4. Keep the disclosure current until exchange of contracts
5. Give the completed Form 2 to the agent so no contract is signed without it

More reading: our seller disclosure changes analysis and the wider property practice area .

Unsure where you stand? Contact Bell & Senior Lawyers for a free initial chat about selling or buying.

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