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With Queensland’s new seller disclosure regime taking effect from 1 August 2025, an industry expert is urging agents to familiarise themselves with the changes set to impact both sales and leasing.
As part of new reforms to the Property Law Act 2023, new mandatory disclosure rules will apply for the sale of both residential and commercial property in Queensland, which come into effect from 1 August 2025 onwards.
The changes will require property sellers in Queensland to provide buyers with a disclosure statement and prescribed certificates before a contract is signed.
Starting from next week, prospective Queensland buyers at open homes and auctions will be provided with a mandatory disclosure statement, containing key information such as the sellers’ name, and the title details, easements, and planning matters associated with a property.
The reforms will also enable buyers to terminate a contract of sale at any time before settlement if the required disclosure documents are not provided, or contain insufficient or incorrect details.
REIQ CEO, Antonia Mercorella, said the changes would provide greater clarity and consistency to property transactions, but added that several key details are still not required to be included in the new disclosure statements.
She explained that the disclosure statements do not require history of flooding or other natural hazards to be disclosed, and said that buyers in flood-prone areas such as Brisbane will have to “do their own due diligence on that particular issue”.
“We live in a river city in Brisbane and other parts of our state do often encounter floods or other types of natural hazards. So those will be on the mind of many buyers as they should be,” Mercorella said.
Mercorella added that sellers will also not have to divulge details around the structural integrity of a property, including the presence of asbestos or any pests.
“The other really important detail that isn’t included in the regime is the structural soundness of the building or pest infestation issues,” she said.
“There are some jurisdictions where sellers are required to give a building and pest inspection report, but that will not be a requirement of this regime.”
Due to the potential gaps of critical information in the new disclosure statements, Mercorella said that buyers and real estate professionals will still have to thoroughly vet properties.
“The regime gathers up a series of different information disclosures that a buyer is likely interested in, but it certainly should not be relied upon as a comprehensive document that covers anything and everything,” Mercorella said.
“I would certainly caution buyers against blindly relying on it or exclusively relying on it. There will still be a level of buyer beware that is required.”
Mercorella also pointed to the requirements around providing disclosure documents prior to an auction, and said the current legislation did not account for the various scenarios that can arise at auctions.
“During an auction campaign, the disclosure document will probably just be available to people as they’re coming through the property, but we need to understand that sometimes people might actually see the property for the first time on the day of the auction,” Mercorella said.
“It’s certainly not the norm, but it does happen. And sometimes we know that people also show up late to an auction.”
While Mercorella said the REIQ was concerned about the logistical complexities around disclosure, she highlighted that the original Property Law Act 2023 amendments were significantly more restrictive around late arrivals to auctions.
“An earlier version of this legislation basically said that if that was the case, you wouldn’t be able to participate in the auction because the seller disclosure statement couldn’t be given,” Mercorella said.
“We were able to successfully negotiate for that disclosure statement to still be given and for that person to therefore be able to enter into a contract potentially.”
Although Mercorella said the REIQ was “proud” to have helped shape the new disclosure reform, she said the changes had fallen short of the peak body’s expectations.
“We supported the regime but it was predicated on certain principles,” Mercorella said.
“One of these principles was that the government would assist and provide infrastructure to ensure the regime could be complied with quite easily and without becoming a significant financial impost.”
She added that the Queensland government had not provided adequate levels of education and outreach around the new changes.
“We would have liked to have seen the government doing a lot more in terms of education and also just providing greater levels of support for the relevant stakeholders, including the sellers.”
Mercorella said the REIQ would continue to advocate for adjustments that would support Queensland’s real estate sector across the board.
“Real estate is a cornerstone of Queensland’s economy, and it’s critical that we strike the right balance between buyer protection, seller responsibility, and transaction efficiency,” she concluded.
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