Can Agents Prepare a Form 2? Yes – But Should They?

From 1 August 2025, Queensland’s new Seller Disclosure Regime, introduced via the Property Law Act 2023 (QLD), requires sellers to provide buyers with a Form 2 Seller Disclosure Statement before any property contract can be signed.

Legal Significance of Form 2: Form 2 is not just a form, it’s a legally binding disclosure document. It outlines critical property information, including title searches, encumbrances, easements, zoning details, and statutory notices. Any inaccuracies in the Form 2 can lead to contract cancellations, legal penalties, and claims of misleading conduct.

Agent Involvement: While the REIQ confirms agents can prepare Form 2, doing so carries high risk. Errors or omissions can trigger serious legal and financial consequences under Queensland’s property compliance framework.

Can Agents Assist Vendors With the Preparation of a Form 2 Seller Disclosure Statement

Under Queensland’s new property law regime which commenced 1 August 2025, it’s true that real estate agents can assist vendors with the preparation of the Form 2 Seller Disclosure Statement. However, just because you can doesn’t mean you should - particularly when significant legal liability and regulatory compliance are at stake.

The REIQ has confirmed that agents are not prohibited from preparing the Form 2, provided the content is complete and accurate. But herein lies the problem: the Form 2 is a legal document. Errors or omissions - even unintentional - can expose agents and their agencies to serious legal and financial consequences, including claims of misrepresentation or misleading conduct.

For most agents, this is uncharted legal territory. You’re expected to understand and disclose easements, statutory notices, contaminated land records, and other complex matters that have traditionally been the domain of lawyers.

Why Agents Should Use Legal-Backed Form 2 Solutions Like SearchX

SearchX is the only end-to-end solution that not only sources and compiles the required searches, but also prepares and signs off on the Form 2 with full legal oversight - assuming the legal liability on your behalf. It’s automated, fast, and legally backed by a law firm.

Why take the risk in-house when you can outsource it to a third-party platform that specialises in Form 2 compliance? Protect yourself. Protect your vendor. Use SearchX.

Potential Liability with Agents Preparing Form 2 Seller Disclosure Statements

Real estate agents are property experts, not legal experts. Preparing Form 2 Seller Disclosure Statements exposes agents to potential liability due to:

• Misinterpretation of property law

• Missing disclosure of easements, environmental risks, or contaminated land notices

• Incorrect document preparation

Using a legal-backed solution like SearchX:

• Ensures disclosures meet mandatory Property Law Act 2023 (QLD) standards

• Reduces exposure to professional negligence claims

• Provides peace of mind through law firm oversight and compliance audits

How Agents Can Get Disclosure Reports Fastest Under Queensland 2025 Law

Under Queensland’s Property Law Act 2023, which took effect on 1 August 2025, sellers are required to provide a completed Form 2 Seller Disclosure Statement and all prescribed supporting documents before the buyer signs the contract. For agents, this means compliance is not just critical but time-sensitive to avoid delays or contract terminations.

Steps Agents Can Take to Speed Up Disclosure Report Preparation

1. Start Early: Begin preparing disclosure reports for new listings as soon as possible, ideally from early to mid-July before the 1 August enforcement date. Early preparation mitigates delays caused by search turnaround times from councils or body corporates, which may take several days or weeks.

2. Leverage Automated Platforms Like SearchX: Use specialised legal-backed platforms such as SearchX that automate the sourcing, preparation, and legal review of Form 2 Seller Disclosure Statements. This reduces manual effort and the risk of errors while significantly accelerating report delivery. SearchX provides live updates and delivers comprehensive, compliant reports typically within 24–72 hours.

3. Implement Internal Checklists and Staff Training: Ensure agency teams understand the new legislation and contract procedures. Designate responsible staff to verify that all disclosure documents are ready and accurate before contract signing. Use checklists aligned with Queensland requirements to avoid missing key documents.

4. Communicate Clearly with Vendors: Inform sellers early about the mandatory disclosure requirements and the importance of timely document preparation and submission. Arrange signatures and data collection well before the expected contract date to prevent last-minute compliance issues.

5. Integrate Digital Workflows: Integrate disclosure report preparation with your agency’s CRM or contract management platforms to streamline order requests, track progress, and ensure timely delivery of reports.

Following these best practices, agents can efficiently meet compliance, reduce legal risk, and speed up the property sales process, enhancing client trust and transaction success.