Queensland vs NSW/VIC Seller Disclosure: What Interstate Agents Need to Know in 2026

Introduction

From 1 August 2025, Queensland entered a new era of property compliance. The Property Law Act 2023 introduced a mandatory, pre-contract seller disclosure regime centred on the Form 2 Seller Disclosure Statement.

For interstate agents accustomed to NSW or VIC processes, the shift can be confronting. Queensland is now one of Australia’s strictest disclosure jurisdictions. It requires sellers to present a complete, compliant disclosure pack before a buyer signs the contract, and failure to do so gives buyers broad termination rights.

If you operate in NSW or Victoria and plan to handle Queensland listings in 2026, here is what you must know.

QLD’s New Seller Disclosure and Its Impact

Unlike NSW and Victoria, Queensland now mandates a prescribed set of documents and a legally enforceable disclosure form. Form 2 must be delivered upfront, not after negotiations begin.

This has changed:

• How agents prepare listings

• How buyers evaluate risk

• How solicitors review contracts

• How long pre-market preparation takes

Agents who continue using NSW/VIC practices in QLD risk failed contracts, financial loss for sellers and professional liability.

QLD’s Mandatory Form 2 vs NSW/VIC Voluntary Disclosure

Here’s the key distinction:

Queensland (Mandatory)

You must deliver Form 2 with all prescribed certificates before the buyer signs. Missing or inaccurate documents give the buyer a right to terminate at any time before settlement.

New South Wales (Largely Voluntary/Standard but Less Rigid)

NSW requires a Contract for Sale with certain documents attached (title search, zoning), but it does not follow Queensland’s pre-contract statutory Form 2 model. Many risk-related disclosures are optional or handled by buyer due diligence.

Victoria (Vendor’s Statement Required but Different in Scope)

Victoria uses a Section 32 Vendor’s Statement, which is mandatory, but:

• It does not require all certificates Queensland mandates

• Disclosure obligations are narrower

• Termination rights are less severe

Summary:
QLD = strictest, mandatory, pre-contract, document-heavy
VIC = moderate, contract-attached vendor statement
NSW = more flexible, less standardised disclosure

Why Interstate Agents Expanding Into QLD Need Immediate Awareness

Interstate agents who are unfamiliar with QLD’s new requirements face significant risks:

• Listing a property without full disclosure preparation

• Delivering Form 2 after the contract is signed

• Using outdated or incomplete documents

• Misunderstanding body corporate certificate types (Form 33/34)

• Underestimating the buyer’s termination rights

Unlike NSW/VIC, Queensland buyers now have broad legal power to walk away if Form 2 is defective in any way.

Disclosure Timing in QLD vs NSW vs VIC

Timing is everything in Queensland: late disclosure = invalid disclosure.

Mandatory Documents: QLD vs Other States

Queensland - Form 2 Requires:

• Title search

• Survey plan

• Zoning certificate

• Environmental notices

• Body corporate certificate (Form 33/34)

• CMS (if applicable)

• Pool safety certificate

• Building approvals and notices

NSW - Section 52/Standard Attachments:

• Title

• Zoning

• Sewer diagram

• PIID (optional depending on property)

Victoria - Section 32 Vendor’s Statement:

• Title

• Statutory warnings

• Rates information

• Planning details

• Building permits

Queensland has the widest and most prescriptive document list.

Practical Implications for Interstate Agents

Agents entering the QLD market must:

• Start disclosure preparation before launching the listing

• Understand the body corporate certificate system

• Plan for search lead times

• Work closely with solicitors experienced in Form 2

• Avoid NSW/VIC assumptions around buyer responsibility

Failure to adapt will result in higher termination rates and legal exposure.

Compliance Checklist for Interstate Agents

• Confirm property identity (title, plan, ownership)

• Order all prescribed searches early

• Obtain Form 33 or Form 34 for community title schemes

• Collect planning, zoning and environmental notices

• Prepare Form 2 with all attachments

• Deliver the complete disclosure pack before contract signing

• Maintain proof of delivery

Key Takeaways for Interstate Agents

• Queensland is now Australia’s strictest seller disclosure jurisdiction.

• Form 2 is mandatory, detailed and must be delivered pre-contract.

• Buyers have significant termination rights for even small compliance errors.

• NSW/VIC practices cannot be copied across without risk.

• Platforms like SearchX help agents automate Form 2 compliance and avoid contract failures.