Common Myths About Real Estate Seller Disclosures in Queensland

Jun 24, 2025

Seller Disclosures

Introduction

Seller disclosure is a hot topic when it comes to Queensland property - particularly with the new laws taking effect from 1 August 2025.

There is still considerable confusion and misinformation about what sellers are required to do and what happens if they get it wrong.

This blog debunks the most common myths and sets the record straight, enabling sellers, buyers and agents to avoid costly mistakes.

Myth 1: “If I Don’t Mention It, the Buyer Won’t Find Out”

Reality: Not disclosing known issues is not only risky, but it is now also illegal. Under Queensland’s new laws, sellers must disclose all known material facts about their property.

If you leave something out, the buyer can terminate the contract before settlement and you could face legal action or financial penalties for misleading and deceptive conduct under Australian Consumer Law.

Sellers are required to provide a completed Form 2 Seller Disclosure Statement and all prescribed certificates before the buyer signs the contract. These documents must be accurate and up-to-date.

Myth 2: “Only Major Problems Need to Be Disclosed”

Reality: It is not just about big issues. In Queensland, a “material fact” refers to any information that could influence a buyer’s decision or the price they are willing to pay.

This includes not only obvious defects, but also easements, zoning restrictions, planning notices, environmental issues, or outstanding rates. Even minor details can be important.

Myth 3: “My Agent or Lawyer Will Handle All Disclosures”

Reality: Agents and lawyers can assist in preparing the paperwork but the legal responsibility for accurate disclosure always rests with the seller.

Agents must follow strict processes but cannot give legal advice or interpret search results. 

Sellers should always check and confirm all documents before signing.

Myth 4: “If I Use a Template, I’m Covered”

Reality: Templates alone are not enough. If the information is incomplete or inaccurate, even if it is on the right form, the contract can be terminated. Every disclosure must be specific to the property and situation.

Myth 5: “Buyers Do Their Checks, So I’m Off the Hook”

Reality: Seller disclosure is mandatory, regardless of what checks the buyer does. The law requires sellers to provide accurate information proactively.

Buyer due diligence, such as building and pest inspections or council records searches, is separate and does not reduce the seller’s legal obligations.

Myth 6: “Disclosures Delay the Sale”

Reality: Upfront, accurate disclosures actually speed up negotiations and reduce the risk of a deal falling through.

When buyers have all the facts early, there is less chance of surprises, renegotiation or contract termination. Tools like SearchX help sellers and agents prepare compliant disclosures quickly and efficiently.

Why These Myths Persist

  • Many sellers and agents are unaware of the updated laws set to take effect in August 2025;

  • Outdated advice from past transactions or other States with different rules is still common; and

  • There is often confusion about who is legally responsible for disclosure and what must be included - this is by virtue of the fact the legal industry comprises thousands of practitioners who engage in multiple disciplines, not just seller disclosure. SearchX though does one thing, and one thing only - deliver a legally reviewed and compliant Seller Disclosure Report… Fast!

The Cost of Believing the Myths

  • Cancelled contracts and lost sales;

  • Legal proceedings and financial penalties;

  • Loss of buyer trust and delays in settlement; and

  • Reputational risk for both agents and sellers.

Conclusion: Be Informed, Not Caught Off-Guard

Seller disclosure in Queensland is no longer optional. It is the law. Sellers and agents should double-check all information, seek legal advice if unsure and use trusted tools to streamline the process. Start disclosure early, do it right, and protect your sale, your reputation and your peace of mind.

Introduction

Seller disclosure is a hot topic when it comes to Queensland property - particularly with the new laws taking effect from 1 August 2025.

There is still considerable confusion and misinformation about what sellers are required to do and what happens if they get it wrong.

This blog debunks the most common myths and sets the record straight, enabling sellers, buyers and agents to avoid costly mistakes.

Myth 1: “If I Don’t Mention It, the Buyer Won’t Find Out”

Reality: Not disclosing known issues is not only risky, but it is now also illegal. Under Queensland’s new laws, sellers must disclose all known material facts about their property.

If you leave something out, the buyer can terminate the contract before settlement and you could face legal action or financial penalties for misleading and deceptive conduct under Australian Consumer Law.

Sellers are required to provide a completed Form 2 Seller Disclosure Statement and all prescribed certificates before the buyer signs the contract. These documents must be accurate and up-to-date.

Myth 2: “Only Major Problems Need to Be Disclosed”

Reality: It is not just about big issues. In Queensland, a “material fact” refers to any information that could influence a buyer’s decision or the price they are willing to pay.

This includes not only obvious defects, but also easements, zoning restrictions, planning notices, environmental issues, or outstanding rates. Even minor details can be important.

Myth 3: “My Agent or Lawyer Will Handle All Disclosures”

Reality: Agents and lawyers can assist in preparing the paperwork but the legal responsibility for accurate disclosure always rests with the seller.

Agents must follow strict processes but cannot give legal advice or interpret search results. 

Sellers should always check and confirm all documents before signing.

Myth 4: “If I Use a Template, I’m Covered”

Reality: Templates alone are not enough. If the information is incomplete or inaccurate, even if it is on the right form, the contract can be terminated. Every disclosure must be specific to the property and situation.

Myth 5: “Buyers Do Their Checks, So I’m Off the Hook”

Reality: Seller disclosure is mandatory, regardless of what checks the buyer does. The law requires sellers to provide accurate information proactively.

Buyer due diligence, such as building and pest inspections or council records searches, is separate and does not reduce the seller’s legal obligations.

Myth 6: “Disclosures Delay the Sale”

Reality: Upfront, accurate disclosures actually speed up negotiations and reduce the risk of a deal falling through.

When buyers have all the facts early, there is less chance of surprises, renegotiation or contract termination. Tools like SearchX help sellers and agents prepare compliant disclosures quickly and efficiently.

Why These Myths Persist

  • Many sellers and agents are unaware of the updated laws set to take effect in August 2025;

  • Outdated advice from past transactions or other States with different rules is still common; and

  • There is often confusion about who is legally responsible for disclosure and what must be included - this is by virtue of the fact the legal industry comprises thousands of practitioners who engage in multiple disciplines, not just seller disclosure. SearchX though does one thing, and one thing only - deliver a legally reviewed and compliant Seller Disclosure Report… Fast!

The Cost of Believing the Myths

  • Cancelled contracts and lost sales;

  • Legal proceedings and financial penalties;

  • Loss of buyer trust and delays in settlement; and

  • Reputational risk for both agents and sellers.

Conclusion: Be Informed, Not Caught Off-Guard

Seller disclosure in Queensland is no longer optional. It is the law. Sellers and agents should double-check all information, seek legal advice if unsure and use trusted tools to streamline the process. Start disclosure early, do it right, and protect your sale, your reputation and your peace of mind.

Introduction

Seller disclosure is a hot topic when it comes to Queensland property - particularly with the new laws taking effect from 1 August 2025.

There is still considerable confusion and misinformation about what sellers are required to do and what happens if they get it wrong.

This blog debunks the most common myths and sets the record straight, enabling sellers, buyers and agents to avoid costly mistakes.

Myth 1: “If I Don’t Mention It, the Buyer Won’t Find Out”

Reality: Not disclosing known issues is not only risky, but it is now also illegal. Under Queensland’s new laws, sellers must disclose all known material facts about their property.

If you leave something out, the buyer can terminate the contract before settlement and you could face legal action or financial penalties for misleading and deceptive conduct under Australian Consumer Law.

Sellers are required to provide a completed Form 2 Seller Disclosure Statement and all prescribed certificates before the buyer signs the contract. These documents must be accurate and up-to-date.

Myth 2: “Only Major Problems Need to Be Disclosed”

Reality: It is not just about big issues. In Queensland, a “material fact” refers to any information that could influence a buyer’s decision or the price they are willing to pay.

This includes not only obvious defects, but also easements, zoning restrictions, planning notices, environmental issues, or outstanding rates. Even minor details can be important.

Myth 3: “My Agent or Lawyer Will Handle All Disclosures”

Reality: Agents and lawyers can assist in preparing the paperwork but the legal responsibility for accurate disclosure always rests with the seller.

Agents must follow strict processes but cannot give legal advice or interpret search results. 

Sellers should always check and confirm all documents before signing.

Myth 4: “If I Use a Template, I’m Covered”

Reality: Templates alone are not enough. If the information is incomplete or inaccurate, even if it is on the right form, the contract can be terminated. Every disclosure must be specific to the property and situation.

Myth 5: “Buyers Do Their Checks, So I’m Off the Hook”

Reality: Seller disclosure is mandatory, regardless of what checks the buyer does. The law requires sellers to provide accurate information proactively.

Buyer due diligence, such as building and pest inspections or council records searches, is separate and does not reduce the seller’s legal obligations.

Myth 6: “Disclosures Delay the Sale”

Reality: Upfront, accurate disclosures actually speed up negotiations and reduce the risk of a deal falling through.

When buyers have all the facts early, there is less chance of surprises, renegotiation or contract termination. Tools like SearchX help sellers and agents prepare compliant disclosures quickly and efficiently.

Why These Myths Persist

  • Many sellers and agents are unaware of the updated laws set to take effect in August 2025;

  • Outdated advice from past transactions or other States with different rules is still common; and

  • There is often confusion about who is legally responsible for disclosure and what must be included - this is by virtue of the fact the legal industry comprises thousands of practitioners who engage in multiple disciplines, not just seller disclosure. SearchX though does one thing, and one thing only - deliver a legally reviewed and compliant Seller Disclosure Report… Fast!

The Cost of Believing the Myths

  • Cancelled contracts and lost sales;

  • Legal proceedings and financial penalties;

  • Loss of buyer trust and delays in settlement; and

  • Reputational risk for both agents and sellers.

Conclusion: Be Informed, Not Caught Off-Guard

Seller disclosure in Queensland is no longer optional. It is the law. Sellers and agents should double-check all information, seek legal advice if unsure and use trusted tools to streamline the process. Start disclosure early, do it right, and protect your sale, your reputation and your peace of mind.

Introduction

Seller disclosure is a hot topic when it comes to Queensland property - particularly with the new laws taking effect from 1 August 2025.

There is still considerable confusion and misinformation about what sellers are required to do and what happens if they get it wrong.

This blog debunks the most common myths and sets the record straight, enabling sellers, buyers and agents to avoid costly mistakes.

Myth 1: “If I Don’t Mention It, the Buyer Won’t Find Out”

Reality: Not disclosing known issues is not only risky, but it is now also illegal. Under Queensland’s new laws, sellers must disclose all known material facts about their property.

If you leave something out, the buyer can terminate the contract before settlement and you could face legal action or financial penalties for misleading and deceptive conduct under Australian Consumer Law.

Sellers are required to provide a completed Form 2 Seller Disclosure Statement and all prescribed certificates before the buyer signs the contract. These documents must be accurate and up-to-date.

Myth 2: “Only Major Problems Need to Be Disclosed”

Reality: It is not just about big issues. In Queensland, a “material fact” refers to any information that could influence a buyer’s decision or the price they are willing to pay.

This includes not only obvious defects, but also easements, zoning restrictions, planning notices, environmental issues, or outstanding rates. Even minor details can be important.

Myth 3: “My Agent or Lawyer Will Handle All Disclosures”

Reality: Agents and lawyers can assist in preparing the paperwork but the legal responsibility for accurate disclosure always rests with the seller.

Agents must follow strict processes but cannot give legal advice or interpret search results. 

Sellers should always check and confirm all documents before signing.

Myth 4: “If I Use a Template, I’m Covered”

Reality: Templates alone are not enough. If the information is incomplete or inaccurate, even if it is on the right form, the contract can be terminated. Every disclosure must be specific to the property and situation.

Myth 5: “Buyers Do Their Checks, So I’m Off the Hook”

Reality: Seller disclosure is mandatory, regardless of what checks the buyer does. The law requires sellers to provide accurate information proactively.

Buyer due diligence, such as building and pest inspections or council records searches, is separate and does not reduce the seller’s legal obligations.

Myth 6: “Disclosures Delay the Sale”

Reality: Upfront, accurate disclosures actually speed up negotiations and reduce the risk of a deal falling through.

When buyers have all the facts early, there is less chance of surprises, renegotiation or contract termination. Tools like SearchX help sellers and agents prepare compliant disclosures quickly and efficiently.

Why These Myths Persist

  • Many sellers and agents are unaware of the updated laws set to take effect in August 2025;

  • Outdated advice from past transactions or other States with different rules is still common; and

  • There is often confusion about who is legally responsible for disclosure and what must be included - this is by virtue of the fact the legal industry comprises thousands of practitioners who engage in multiple disciplines, not just seller disclosure. SearchX though does one thing, and one thing only - deliver a legally reviewed and compliant Seller Disclosure Report… Fast!

The Cost of Believing the Myths

  • Cancelled contracts and lost sales;

  • Legal proceedings and financial penalties;

  • Loss of buyer trust and delays in settlement; and

  • Reputational risk for both agents and sellers.

Conclusion: Be Informed, Not Caught Off-Guard

Seller disclosure in Queensland is no longer optional. It is the law. Sellers and agents should double-check all information, seek legal advice if unsure and use trusted tools to streamline the process. Start disclosure early, do it right, and protect your sale, your reputation and your peace of mind.