From 1 August 2025, sellers in Queensland must provide a completed Form 2 Seller Disclosure Statement, along with all required certificates, before a contract is signed. This shift, introduced by the Property Law Act 2023, replaces the old "buyer beware" model with a legally enforceable, pre-contract disclosure system.
Buyers now have stronger protections, and sellers face more serious consequences for failing to meet their obligations. For agents and vendors, understanding these consequences isn’t optional - it’s business-critical.
What Happens If Sellers Get It Wrong?
1. Buyers Can Terminate the Contract
If the disclosure is missing, incomplete, or incorrect, buyers can cancel the contract at any point before settlement.
A full refund of the deposit, including interest, is guaranteed.
No reimbursement for paid rates or rent, which are considered the buyer’s losses.
Cannot be waived: This termination right applies regardless of what’s written in the contract. Any clause that tries to override it is legally invalid.
The law ensures that a buyer isn’t locked into a deal built on inaccurate or missing disclosures. This is not a loophole; it’s a structured right that buyers can enforce easily.
2. Buyers Can Sue for Compensation
Buyers may seek damages if they believe material facts were knowingly withheld.
Common examples of material non-disclosure include:
Unreported structural issues;
Environmental hazards or contamination notices; and
Planning restrictions or zoning changes that impact property use.
To succeed, buyers must demonstrate that the seller was aware of the issue and deliberately failed to disclose it. It’s a high bar - but when met, the financial consequences can be significant.
Buyers can claim:
Cost of repairs or remediation;
Reduced property value; and
Other measurable financial losses.
It’s essential to recognise that this isn’t just about honest mistakes. These penalties apply when sellers knowingly withhold crucial facts.
3. Rescission of Contract
If non-disclosure directly influenced the purchase decision, buyers can pursue rescission—a full cancellation of the contract.
This applies when:
A seller omits a material fact;
That omission materially affects the buyer’s decision; and/or
The buyer can prove they would have acted differently had they known
Rescission usually involves legal advice or court proceedings, as the concept of "materiality" is open to interpretation. But it’s a powerful option if a buyer feels they were misled.
Limits of the Law – What Buyers Still Need to Check
While the new regime strengthens protections, it doesn’t replace due diligence. Buyers should still investigate:
Flood history or environmental vulnerability;
Local council plans or noise complaints;
Nearby developments or zoning shifts; and
Structural integrity (if not known by the seller).
Even under Form 2, some facts remain outside the scope of mandatory disclosure unless legally defined as “material.”
Legal Risks for Sellers (and Their Agents)
Failing to comply with the Form 2 regime doesn’t just risk losing a sale; it also risks significant penalties. It creates legal exposure for sellers and agents who assist in the process.
Seller Risks:
Financial liability for buyer losses;
Contract rescission or refund of deposit;
Civil claims for misrepresentation; and
Reputational harm in the local market.
Agent Risks:
Liability under Australian Consumer Law for misleading disclosures;
Commission loss if contracts are terminated; and
Regulatory scrutiny for non-compliant practices.
Agents can no longer rely on disclaimers or templates. The new standard requires precision, timing, and legal clarity.
Staying Compliant
We built SearchX to help agents and sellers navigate these new rules without the admin burden or legal risk.
Get It Right the First Time
Generate a completed, legally reviewed Form 2 Disclosure Statement; and
Automatically collect all required certificates - title, zoning, pool safety, and more.
Avoid Gaps and Errors
Prevents missing or outdated documentation;
Flags any mismatches or issues during certificate checks; and
Reduces the risk of buyer termination or dispute.
Move Faster, with Confidence
Reports delivered in hours, not days;
Keeps listings on track and reduces delays; and
Minimises legal exposure for both sellers and agents.
With SearchX, you’re not just checking boxes - you’re protecting the deal.
Summary Table: Key Buyer Protections Under the New Law
Buyer Protection | Description |
Contract Termination | Buyers may terminate at any time before settlement if the disclosure is missing/incomplete |
Refund of Deposit | Full deposit refunded with interest; no reimbursement for rent or rates |
Legal Action for Damages | Buyers can sue if material facts were knowingly withheld |
Rescission | Buyers can cancel the contract if non-disclosure influenced a purchase decision. |
Final Thoughts: Why Early Preparation Matters
The Form 2 regime is transforming the way Queensland properties are sold. It brings clarity to the buying process, but it also introduces new responsibilities for sellers and agents.
Transparency isn’t optional. Mistakes aren’t minor. And delays have consequences.
That’s why agents across Queensland are getting ahead of the change now. They’re training teams, reviewing processes, and making sure every listing is legally prepared.
SearchX supports you through this shift. We handle the documentation, review, and compliance - so you can focus on your clients, listings, and commissions.
Explore the platform. Be ready for August 2025.
→ Explore the platform - Book a free Demo
From 1 August 2025, sellers in Queensland must provide a completed Form 2 Seller Disclosure Statement, along with all required certificates, before a contract is signed. This shift, introduced by the Property Law Act 2023, replaces the old "buyer beware" model with a legally enforceable, pre-contract disclosure system.
Buyers now have stronger protections, and sellers face more serious consequences for failing to meet their obligations. For agents and vendors, understanding these consequences isn’t optional - it’s business-critical.
What Happens If Sellers Get It Wrong?
1. Buyers Can Terminate the Contract
If the disclosure is missing, incomplete, or incorrect, buyers can cancel the contract at any point before settlement.
A full refund of the deposit, including interest, is guaranteed.
No reimbursement for paid rates or rent, which are considered the buyer’s losses.
Cannot be waived: This termination right applies regardless of what’s written in the contract. Any clause that tries to override it is legally invalid.
The law ensures that a buyer isn’t locked into a deal built on inaccurate or missing disclosures. This is not a loophole; it’s a structured right that buyers can enforce easily.
2. Buyers Can Sue for Compensation
Buyers may seek damages if they believe material facts were knowingly withheld.
Common examples of material non-disclosure include:
Unreported structural issues;
Environmental hazards or contamination notices; and
Planning restrictions or zoning changes that impact property use.
To succeed, buyers must demonstrate that the seller was aware of the issue and deliberately failed to disclose it. It’s a high bar - but when met, the financial consequences can be significant.
Buyers can claim:
Cost of repairs or remediation;
Reduced property value; and
Other measurable financial losses.
It’s essential to recognise that this isn’t just about honest mistakes. These penalties apply when sellers knowingly withhold crucial facts.
3. Rescission of Contract
If non-disclosure directly influenced the purchase decision, buyers can pursue rescission—a full cancellation of the contract.
This applies when:
A seller omits a material fact;
That omission materially affects the buyer’s decision; and/or
The buyer can prove they would have acted differently had they known
Rescission usually involves legal advice or court proceedings, as the concept of "materiality" is open to interpretation. But it’s a powerful option if a buyer feels they were misled.
Limits of the Law – What Buyers Still Need to Check
While the new regime strengthens protections, it doesn’t replace due diligence. Buyers should still investigate:
Flood history or environmental vulnerability;
Local council plans or noise complaints;
Nearby developments or zoning shifts; and
Structural integrity (if not known by the seller).
Even under Form 2, some facts remain outside the scope of mandatory disclosure unless legally defined as “material.”
Legal Risks for Sellers (and Their Agents)
Failing to comply with the Form 2 regime doesn’t just risk losing a sale; it also risks significant penalties. It creates legal exposure for sellers and agents who assist in the process.
Seller Risks:
Financial liability for buyer losses;
Contract rescission or refund of deposit;
Civil claims for misrepresentation; and
Reputational harm in the local market.
Agent Risks:
Liability under Australian Consumer Law for misleading disclosures;
Commission loss if contracts are terminated; and
Regulatory scrutiny for non-compliant practices.
Agents can no longer rely on disclaimers or templates. The new standard requires precision, timing, and legal clarity.
Staying Compliant
We built SearchX to help agents and sellers navigate these new rules without the admin burden or legal risk.
Get It Right the First Time
Generate a completed, legally reviewed Form 2 Disclosure Statement; and
Automatically collect all required certificates - title, zoning, pool safety, and more.
Avoid Gaps and Errors
Prevents missing or outdated documentation;
Flags any mismatches or issues during certificate checks; and
Reduces the risk of buyer termination or dispute.
Move Faster, with Confidence
Reports delivered in hours, not days;
Keeps listings on track and reduces delays; and
Minimises legal exposure for both sellers and agents.
With SearchX, you’re not just checking boxes - you’re protecting the deal.
Summary Table: Key Buyer Protections Under the New Law
Buyer Protection | Description |
Contract Termination | Buyers may terminate at any time before settlement if the disclosure is missing/incomplete |
Refund of Deposit | Full deposit refunded with interest; no reimbursement for rent or rates |
Legal Action for Damages | Buyers can sue if material facts were knowingly withheld |
Rescission | Buyers can cancel the contract if non-disclosure influenced a purchase decision. |
Final Thoughts: Why Early Preparation Matters
The Form 2 regime is transforming the way Queensland properties are sold. It brings clarity to the buying process, but it also introduces new responsibilities for sellers and agents.
Transparency isn’t optional. Mistakes aren’t minor. And delays have consequences.
That’s why agents across Queensland are getting ahead of the change now. They’re training teams, reviewing processes, and making sure every listing is legally prepared.
SearchX supports you through this shift. We handle the documentation, review, and compliance - so you can focus on your clients, listings, and commissions.
Explore the platform. Be ready for August 2025.
→ Explore the platform - Book a free Demo
From 1 August 2025, sellers in Queensland must provide a completed Form 2 Seller Disclosure Statement, along with all required certificates, before a contract is signed. This shift, introduced by the Property Law Act 2023, replaces the old "buyer beware" model with a legally enforceable, pre-contract disclosure system.
Buyers now have stronger protections, and sellers face more serious consequences for failing to meet their obligations. For agents and vendors, understanding these consequences isn’t optional - it’s business-critical.
What Happens If Sellers Get It Wrong?
1. Buyers Can Terminate the Contract
If the disclosure is missing, incomplete, or incorrect, buyers can cancel the contract at any point before settlement.
A full refund of the deposit, including interest, is guaranteed.
No reimbursement for paid rates or rent, which are considered the buyer’s losses.
Cannot be waived: This termination right applies regardless of what’s written in the contract. Any clause that tries to override it is legally invalid.
The law ensures that a buyer isn’t locked into a deal built on inaccurate or missing disclosures. This is not a loophole; it’s a structured right that buyers can enforce easily.
2. Buyers Can Sue for Compensation
Buyers may seek damages if they believe material facts were knowingly withheld.
Common examples of material non-disclosure include:
Unreported structural issues;
Environmental hazards or contamination notices; and
Planning restrictions or zoning changes that impact property use.
To succeed, buyers must demonstrate that the seller was aware of the issue and deliberately failed to disclose it. It’s a high bar - but when met, the financial consequences can be significant.
Buyers can claim:
Cost of repairs or remediation;
Reduced property value; and
Other measurable financial losses.
It’s essential to recognise that this isn’t just about honest mistakes. These penalties apply when sellers knowingly withhold crucial facts.
3. Rescission of Contract
If non-disclosure directly influenced the purchase decision, buyers can pursue rescission—a full cancellation of the contract.
This applies when:
A seller omits a material fact;
That omission materially affects the buyer’s decision; and/or
The buyer can prove they would have acted differently had they known
Rescission usually involves legal advice or court proceedings, as the concept of "materiality" is open to interpretation. But it’s a powerful option if a buyer feels they were misled.
Limits of the Law – What Buyers Still Need to Check
While the new regime strengthens protections, it doesn’t replace due diligence. Buyers should still investigate:
Flood history or environmental vulnerability;
Local council plans or noise complaints;
Nearby developments or zoning shifts; and
Structural integrity (if not known by the seller).
Even under Form 2, some facts remain outside the scope of mandatory disclosure unless legally defined as “material.”
Legal Risks for Sellers (and Their Agents)
Failing to comply with the Form 2 regime doesn’t just risk losing a sale; it also risks significant penalties. It creates legal exposure for sellers and agents who assist in the process.
Seller Risks:
Financial liability for buyer losses;
Contract rescission or refund of deposit;
Civil claims for misrepresentation; and
Reputational harm in the local market.
Agent Risks:
Liability under Australian Consumer Law for misleading disclosures;
Commission loss if contracts are terminated; and
Regulatory scrutiny for non-compliant practices.
Agents can no longer rely on disclaimers or templates. The new standard requires precision, timing, and legal clarity.
Staying Compliant
We built SearchX to help agents and sellers navigate these new rules without the admin burden or legal risk.
Get It Right the First Time
Generate a completed, legally reviewed Form 2 Disclosure Statement; and
Automatically collect all required certificates - title, zoning, pool safety, and more.
Avoid Gaps and Errors
Prevents missing or outdated documentation;
Flags any mismatches or issues during certificate checks; and
Reduces the risk of buyer termination or dispute.
Move Faster, with Confidence
Reports delivered in hours, not days;
Keeps listings on track and reduces delays; and
Minimises legal exposure for both sellers and agents.
With SearchX, you’re not just checking boxes - you’re protecting the deal.
Summary Table: Key Buyer Protections Under the New Law
Buyer Protection | Description |
Contract Termination | Buyers may terminate at any time before settlement if the disclosure is missing/incomplete |
Refund of Deposit | Full deposit refunded with interest; no reimbursement for rent or rates |
Legal Action for Damages | Buyers can sue if material facts were knowingly withheld |
Rescission | Buyers can cancel the contract if non-disclosure influenced a purchase decision. |
Final Thoughts: Why Early Preparation Matters
The Form 2 regime is transforming the way Queensland properties are sold. It brings clarity to the buying process, but it also introduces new responsibilities for sellers and agents.
Transparency isn’t optional. Mistakes aren’t minor. And delays have consequences.
That’s why agents across Queensland are getting ahead of the change now. They’re training teams, reviewing processes, and making sure every listing is legally prepared.
SearchX supports you through this shift. We handle the documentation, review, and compliance - so you can focus on your clients, listings, and commissions.
Explore the platform. Be ready for August 2025.
→ Explore the platform - Book a free Demo
From 1 August 2025, sellers in Queensland must provide a completed Form 2 Seller Disclosure Statement, along with all required certificates, before a contract is signed. This shift, introduced by the Property Law Act 2023, replaces the old "buyer beware" model with a legally enforceable, pre-contract disclosure system.
Buyers now have stronger protections, and sellers face more serious consequences for failing to meet their obligations. For agents and vendors, understanding these consequences isn’t optional - it’s business-critical.
What Happens If Sellers Get It Wrong?
1. Buyers Can Terminate the Contract
If the disclosure is missing, incomplete, or incorrect, buyers can cancel the contract at any point before settlement.
A full refund of the deposit, including interest, is guaranteed.
No reimbursement for paid rates or rent, which are considered the buyer’s losses.
Cannot be waived: This termination right applies regardless of what’s written in the contract. Any clause that tries to override it is legally invalid.
The law ensures that a buyer isn’t locked into a deal built on inaccurate or missing disclosures. This is not a loophole; it’s a structured right that buyers can enforce easily.
2. Buyers Can Sue for Compensation
Buyers may seek damages if they believe material facts were knowingly withheld.
Common examples of material non-disclosure include:
Unreported structural issues;
Environmental hazards or contamination notices; and
Planning restrictions or zoning changes that impact property use.
To succeed, buyers must demonstrate that the seller was aware of the issue and deliberately failed to disclose it. It’s a high bar - but when met, the financial consequences can be significant.
Buyers can claim:
Cost of repairs or remediation;
Reduced property value; and
Other measurable financial losses.
It’s essential to recognise that this isn’t just about honest mistakes. These penalties apply when sellers knowingly withhold crucial facts.
3. Rescission of Contract
If non-disclosure directly influenced the purchase decision, buyers can pursue rescission—a full cancellation of the contract.
This applies when:
A seller omits a material fact;
That omission materially affects the buyer’s decision; and/or
The buyer can prove they would have acted differently had they known
Rescission usually involves legal advice or court proceedings, as the concept of "materiality" is open to interpretation. But it’s a powerful option if a buyer feels they were misled.
Limits of the Law – What Buyers Still Need to Check
While the new regime strengthens protections, it doesn’t replace due diligence. Buyers should still investigate:
Flood history or environmental vulnerability;
Local council plans or noise complaints;
Nearby developments or zoning shifts; and
Structural integrity (if not known by the seller).
Even under Form 2, some facts remain outside the scope of mandatory disclosure unless legally defined as “material.”
Legal Risks for Sellers (and Their Agents)
Failing to comply with the Form 2 regime doesn’t just risk losing a sale; it also risks significant penalties. It creates legal exposure for sellers and agents who assist in the process.
Seller Risks:
Financial liability for buyer losses;
Contract rescission or refund of deposit;
Civil claims for misrepresentation; and
Reputational harm in the local market.
Agent Risks:
Liability under Australian Consumer Law for misleading disclosures;
Commission loss if contracts are terminated; and
Regulatory scrutiny for non-compliant practices.
Agents can no longer rely on disclaimers or templates. The new standard requires precision, timing, and legal clarity.
Staying Compliant
We built SearchX to help agents and sellers navigate these new rules without the admin burden or legal risk.
Get It Right the First Time
Generate a completed, legally reviewed Form 2 Disclosure Statement; and
Automatically collect all required certificates - title, zoning, pool safety, and more.
Avoid Gaps and Errors
Prevents missing or outdated documentation;
Flags any mismatches or issues during certificate checks; and
Reduces the risk of buyer termination or dispute.
Move Faster, with Confidence
Reports delivered in hours, not days;
Keeps listings on track and reduces delays; and
Minimises legal exposure for both sellers and agents.
With SearchX, you’re not just checking boxes - you’re protecting the deal.
Summary Table: Key Buyer Protections Under the New Law
Buyer Protection | Description |
Contract Termination | Buyers may terminate at any time before settlement if the disclosure is missing/incomplete |
Refund of Deposit | Full deposit refunded with interest; no reimbursement for rent or rates |
Legal Action for Damages | Buyers can sue if material facts were knowingly withheld |
Rescission | Buyers can cancel the contract if non-disclosure influenced a purchase decision. |
Final Thoughts: Why Early Preparation Matters
The Form 2 regime is transforming the way Queensland properties are sold. It brings clarity to the buying process, but it also introduces new responsibilities for sellers and agents.
Transparency isn’t optional. Mistakes aren’t minor. And delays have consequences.
That’s why agents across Queensland are getting ahead of the change now. They’re training teams, reviewing processes, and making sure every listing is legally prepared.
SearchX supports you through this shift. We handle the documentation, review, and compliance - so you can focus on your clients, listings, and commissions.
Explore the platform. Be ready for August 2025.
→ Explore the platform - Book a free Demo