Queensland’s New Seller Disclosure Laws: The Biggest Mistake Sellers Are Making in 2026

Queensland’s seller disclosure regime has now been operating for several months, and one mistake continues to catch property owners by surprise.

Many sellers assume the new Form 2 Seller Disclosure Statement is simply another administrative document that their solicitor or conveyancer will prepare as part of the sale process.

That assumption can be costly.

What Changed?

Since 1 August 2025, most sellers of freehold land in Queensland must provide buyers with a completed Seller Disclosure Statement (Form 2) and prescribed certificates before a contract is signed. The reforms were introduced under the Property Law Act 2023 and represent one of the most significant changes to Queensland property transactions in decades.

The purpose of the scheme is to ensure buyers receive important information before committing to a purchase.

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The Mistake: Treating Disclosure as a Box-Ticking Exercise

The most common mistake sellers are making is assuming that if information is “close enough” or “probably correct”, it can safely be included in the disclosure statement.

Unfortunately, seller disclosure obligations are not simply administrative requirements.

If disclosure documents are not provided, or if information supplied is materially inaccurate, buyers may have rights that can place the entire transaction at risk.

What Information Can Cause Problems?

Issues commonly arise where sellers fail to properly verify matters relating to:

• Easements and encumbrances;
• Building approvals;
• Pool compliance;
• Notices affecting the property;
• Body corporate information;
• Planning and zoning matters; and
• Other prescribed disclosure requirements.

In many cases, the seller may genuinely believe the information is correct.

However, a genuine mistake can still create legal and commercial complications.

Why This Matters in 2026

Industry participants have already raised concerns about situations where relatively minor disclosure errors may have significant consequences for sellers, particularly where buyers seek to terminate contracts before settlement.

In a changing property market, a failed contract can have serious consequences.

A seller who loses a buyer may face:

• Additional holding costs
• Delayed settlement
• Reduced negotiating power
• Exposure to a lower resale price
• Increased legal costs

For high-value transactions, the financial impact can be substantial.

Practical Steps for Sellers

Before listing a property for sale, sellers should:

• Obtain legal advice early;
• Review disclosure documents carefully;
• Verify information rather than relying on assumptions;
• Ensure certificates and searches are current; and
• Address potential issues before a buyer is found.

The cost of getting disclosure right is often significantly less than the cost of dealing with a disputed contract.

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Call Us (1800) 217 217

The Bottom Line

Queensland’s seller disclosure laws have fundamentally changed the way property transactions are conducted.

For sellers, the biggest risk is not failing to complete the paperwork, it is assuming the paperwork does not matter.

Obtaining legal advice before signing disclosure documents can help reduce the risk of disputes, delays, and potentially costly contract terminations.

If you are preparing to sell property in Queensland and require advice regarding seller disclosure obligations, conveyancing, or property disputes, contact Aylward Game Solicitors.