A friendly reminder: The *new* Seller Disclosure Scheme
A fundamental change has arrived for all Queensland property transactions. The new statutory Seller Disclosure Scheme, introduced under the Property Law Act 2023, officially commenced on 1 August 2025 and is now in effect.
This scheme overhauls seller obligations. The core requirement is that a seller must provide specific disclosure documents to a buyer before the buyer enters into a contract for sale.
Who Does This Affect?
This is not just for residential sales. The Scheme applies to all contracts for the sale of freehold land, including commercial premises such as warehouses and office spaces.
Before a buyer signs a contract, the seller must provide them with:
- A Seller Disclosure Statement in the approved form; and
- All applicable prescribed certificates.
What Are the Stakes?
The consequences for non-compliance are significant. If a seller fails to provide the required documents, or provides a statement that contains an inaccuracy or omission about a material matter, the buyer may have the right to terminate the contract at any time before settlement.
What Is Not Included?
Just as important is understanding what the Scheme does not require a seller to disclose. Buyers are still responsible for their own due diligence, as the seller is not obligated to provide information on:
- Flooding or natural hazard history;
- The structural soundness of the building;
- Pest infestation; or
- The presence of asbestos.
Buyers are strongly encouraged to make their own inquiries about these matters before signing a contract.
This new scheme is a major shift for both sellers and buyers in Queensland, and understanding these new obligations is critical for a smooth transaction.
Test Your Knowledge
Think you have a handle on the new rules? Take our 10-question quiz to test your understanding of the key obligations.
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References
Queensland Government. (2025, August). Guide to the Seller Disclosure Scheme.
www.qld.gov.au/law/housing-and-neighbours/buying-and-selling-a-property/seller-disclosure-scheme
For a complete list of weekly commercial transactions in Queensland, visit McGees Wrap Up | McGees Property Brisbane
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal, financial, or professional advice. While we strive for accuracy, we make no guarantees regarding the completeness or timeliness of the content. Always seek independent advice before making any financial or real estate decisions. We are not liable for any loss or damages arising from your reliance on the information provided.
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