New seller disclosure laws for property sales should be seen as a beneficial consumer protection measure similar to roadworthy certificates on car sales, according to the Queensland Law Society.
Under the reforms, buyers now receive more upfront information about a property when entering a contract, helping them make informed choices about what is often the biggest and most personal purchase many people will make.
QLS CEO Matt Dunn said the new laws bring Queensland in line with other states and are a win for both buyers and sellers.
“You wouldn’t buy a car without a roadworthy, so why buy a house without the facts?” he said.
“While it might add a little more upfront work for the seller before listing the property, discovering any potential issues at this early stage before contract is better for all parties in the long run.
“It means sellers can fix issues early and buyers can enter the contract with more information, reducing the risk that contracts are terminated down the track if serious issues are found.
“That’s a terrible result where no one wins - the buyer, the seller or the agent. Better access to information at an early stage is a clear win.
“Discovering any significant issues of concern up front will help cut surprises for all parties and help keep deals on track.”
Mr Dunn acknowledged the fundamental shift on how real estate is sold in Queensland had led to concern and confusion within the industry, but said he was confident the reforms would prove their value as consumers and the industry become familiar with the changes.
Some of key misconceptions QLS is keen to clarify include:
- The reforms will not lead to gazumping as in other jurisdictions, due to the certainty of the formation of the contract at an early stage. Once the buyer has the disclosure documents, the buyer can make an offer and the seller can accept, giving certainty to all involved (subject to any conditions agreed between the parties, like finance approval).
- Statutory compensation rights have not been introduced under the new reforms – if a seller gives incomplete or inaccurate disclosure, under the seller disclosure laws, the buyer’s only remedy is to terminate the contract.
- A buyer can only rely on the new laws to terminate if the disclosure is incomplete or inaccurate, meaning the risk of a last-minute cancellation only arises if there is an issue with the documentation and the buyer wishes to terminate.
- The information required to be disclosed by the seller reflects existing statutory obligations (e.g. owner-builder works, disputes about trees, providing pool safety certificates or information about whether the property is on the contaminated land register) or reflects warranties that a seller has been giving under the standard sale of land contracts for many years (eg title encumbrances, whether there is a proposed resumption affecting the property). The new process simply consolidates the obligations in one place
Mr Dunn recommended sellers save time by engaging with their lawyers as early as possible, ideally around the same time they meet with their real estate agent, so that the seller disclosure documents can be prepared in parallel with other listing activities such as cleaning, staging, repairs, and photography.
“QLS would always encourage sellers and buyers to seek legal advice before they make significant legal decisions around selling a property. A solicitor acts in their client’s best interests throughout the transaction,” he said.
“It’s also important for buyers to know that the new forms do not include all of the information which affect a buyer’s decision to purchase. A buyer still needs to make their own inquiries about things like flooding risk, asbestos or building approvals, and they also need to decide whether to undertake a building and pest inspection.
“Our members are well-placed to advise all parties to the contract about the new seller disclosure changes and other critical aspects of the sale agreement.”
The introduction of these reforms is the culmination of more than a decade of sustained advocacy, with the Society pushing for change since 2013.
The update to the Property Law Act 2023 (PLA) came into effect on August 1, 2025.
