Under Queensland’s new Seller Disclosure Regime, effective August 1, 2025, buyers are granted strong protections if sellers fail to disclose important property details. While this new regime aims to improve transparency, it's essential for buyers to understand their rights and the potential consequences if the required disclosure isn’t met. Here's what buyers need to know:
Buyer Rights and Protections
Contract Termination
If the seller fails to provide a disclosure statement or the statement contains inaccurate information about material matters, the buyer can terminate the contract at any time before settlement.
When termination occurs, the buyer is entitled to a refund of their deposit with interest. However, they cannot claim reimbursement for contributions made toward rates or rent.
Legal Action for Compensation
If a seller has knowingly withheld vital information (such as structural defects, environmental hazards, or zoning restrictions), buyers have the right to pursue damages.
Compensation may cover repair costs, financial losses, and other expenses incurred due to the seller's failure to disclose important information.
Rescission of Contract
Buyers can also seek rescission (cancellation) of the contract through legal proceedings if it can be proven that the non-disclosure materially impacted their decision to purchase.
Challenges for Buyers
Buyers must demonstrate that the omitted information is a material fact—this can sometimes be subjective and may require legal interpretation.
While buyers retain termination rights, they still hold responsibility for conducting due diligence on aspects not covered by the disclosure statement (e.g. flooding history, neighbourhood disputes, etc.).
Additional Consequences for Sellers
If the non-disclosure escalates into misrepresentation—where false information is provided—buyers can pursue further legal remedies. This includes compensation for negligent or intentional misrepresentation.
How SearchX Helps
With SearchX, we help agents and sellers comply seamlessly with the new disclosure requirements, ensuring accurate and legally reviewed reports are generated fast—helping eliminate risks of incomplete or incorrect information. We save the vendor time and money and enable the agent to focus on closing deals rather than worrying about compliance.
Buyers are protected under this new regime, but it’s important to ensure that sellers meet their disclosure obligations. SearchX is here to make sure that your transactions stay smooth, legal, and compliant.