Seller Disclosure Statement:

From 1 August 2025, a seller of a property in Queensland must provide a Seller Disclosure Statement (the Statement) to a buyer of residential property and this must be signed by a buyer before they sign a contract, and must also include the prescribed certificates.

What is a Seller Disclosure Statement?

The Statement is a new prescribed form, that details information about the owner of the property, and discloses facts to a buyer about the property, its encumbrances, and costs of ownership.

What are the prescribed certificates?

• A title search for the property;

• A copy of the plan image;

• Any statutory encumbrances;

• Any registered encumbrances;

• Any unregistered encumbrances;

• Any unregistered leases;

• Any ther unregistered agreements (private agreement between parties relating to the property), whether written or oral; and

• Where applicable a copy of the tenancy agreement. 

What does this mean for you as an agent?

As an agent, you will be required to prepare the Statement and exchange this with the buyer on behalf of the seller.

You are authorised to sign this on behalf of the seller.

The Statement can be issued and signed electronically, but must be signed prior to the signing of the contract by the Buyer. 

What if a Seller Disclosure Statement is not completed?

If the Statement is not provided to a buyer prior to them signing the contract, or inaccurate information is provided on the statement, a buyer can terminate the contract, at any point up until settlement.

Where the buyer terminates the contract, all deposit monies, and any other monies paid towards the buyer must be refunded to the buyer within 14 days of the termination.

Can I have a special condition waiving a Seller Disclosure Statement?

No, the requirement to provide the Statement cannot be waived by a buyer, nor can a special condition be inserted to a contract waiving this requirement.

Exemptions to a Seller Disclosure Statement:

The only exemptions to the provision of the Statement are as follows:

• If the buyer and seller are related;

• If the buyer is the State, a statutory body, a listed corporation or a subsidiary of a listed corporation;

• If the seller is a local government exercising power of sale to recover unpaid rates;

• If the contract is by way of court order, enforcement warrant, or financial agreement under the Family Law Act; and

• If the sale price is more than $10 million.

How Dylan & Inns can help:

We can assist you in completing the Statement and office full preparation services for this, including providing all required certificates and attachments.

Let us take the hard work out of preparing this and sourcing the required documentation and prepare this on your behalf for your sellers.

Price: $550.00 (inc. GST)*

Additional fees apply where there is an encumbrance on title, with each encumbrance charged at $75.00.

We can also order a copy of the prescribed certificates for to accompany the Statement (fees apply).