As of 1 August 2025, Queensland has implemented a new seller disclosure regime under the Property Law Act 2023 (Qld), which requires sellers to provide a comprehensive and accurate disclosure statement (Form 2) to buyers, prior to signing a contract.
While the intent is to promote transparency and protect buyers, agents and sellers alike must understand the timeframes involved – particularly for properties within Community Titles Schemes (CTS). Preparing a Form 2 seller disclosure statement is not instantaneous; it depends heavily on the return of various searches that take time to process. Great care should be taken in the preparation of Form 2.
How Long Does It Take to Prepare Form 2?
- Standard freehold properties (house & land): Generally, the turnaround time to prepare a Form 2 is 2-5 business days, depending on search turnaround times. If you require more detailed searches, such as Town Planning or Building records, the turnaround for these searches can be 15-21 business days.
- Community Titles (strata) properties: For properties in a CTS, the timeframe is usually 5-10 business days, due to the added layer of body corporate documentation (most body corporates are taking 5 business days to turn around the required body corporate certificate). Again, if looking to undertake Town Planning or Building records, the turnaround will be closer to 15-21 business days.
Why the Delay? It’s About Accuracy and Compliance
The Form 2 (Seller Disclosure statement) must include accurate information drawn from prescribed certificate searches. These often include:
- Title search
- Survey Plan
- Contaminated land search and contamination notices
- Transport and Main Roads search
- QCAT and pool safety searches
- Body corporate certificates (Form 33/34/18) (if in a CTS)
- CMS (if in a CTS)
Each of these must be current and complete. None can be substituted with assumptions, prior contracts, or agent knowledge.
Strata Properties: Waiting on the Body Corporate
When a property is part of a body corporate, the delay is often due to the need to obtain the relevant body corporate certificate (Form 33/ 34/ 18).
These seller disclosure statement forms must be ordered from the Body Corporate Manager. Their processing times can vary:
- Standard turnaround: 5–10 business days
- Peak times or unresponsive BCs: Up to 15 business days
A Note to Agents: Set Clear Expectations Early
It is important for agents to educate their sellers and manage expectations around:
- Timeframes: This is not a next-day turnaround.
- Legal compliance: Rushing or using an incomplete Form 2 (seller disclosure statement) can lead to a buyer terminating the contract of sale according to the Property Law Act 2023 or providing the buyer with other remedies under other legislation, such as the Environment Protection Act 1994.
- Body corporate delays: These are outside our control. Many body corporate managers do not prioritise urgent information requests.
- No shortcuts: If the buyer signs a contract before disclosure has been provided, they may have termination rights right up until settlement.
Protecting Your Seller and the Sale
Providing full and correct disclosure is now a precondition for contract formation. A faulty or incomplete disclosure statement may allow a buyer to terminate at any time before settlement and provide the buyer with additional rights under other legislation, in addition to any rights the buyer may have at common law (i.e., compensation or a claim for damages).
✅ For agents:
Encourage your sellers to engage a solicitor early (upon signing a Form 6 Appointment of Agent) and begin the seller disclosure process as soon as they decide to list.
✅ For sellers:
Do not delay instructing your solicitor. Even if you are not ready to go to contract, we can begin preparing the Form 2 and ordering searches, so it is ready when needed.
Why engage a Solicitor to prepare a Form 2?
Legal accuracy and compliance
A solicitor understands both the content and the legal effect of the required disclosure, not just the mechanical process of gathering the searches and compiling the disclosure.
Solicitors can ensure the Form 2 meets the requirements under the Property Law Act 2023, including the mandatory prescribed certificates (i.e. title, plan, pool safety or notice of no pool safety, CMS, Body Corporate Certificate, etc).
Incorrect or incomplete disclosure may give the buyer a termination right. A solicitor will ensure the Form 2 covers all statutory triggers.
Tailored, property-specific advice
Whilst third-party providers can provide the search results, a solicitor can interpret complex issues (e.g. is that an unregistered encumbrance, and what are our disclosure requirements in this regard and what happens if we do not accurately disclose).
Some encumbrances or notices may not be obvious in search data (e.g. contamination notices, town planning designations, unregistered leases, etc).
A solicitor can determine and advise when something requires disclosure to avoid later disputes.
Integrated transaction management
The solicitor preparing the Form 2 can carry through to the preparation of the contract and relevant special conditions and settlement, to ensure consistency.
If a search result reveals a potential deal-breaker, the solicitor can recommend solutions or draft clauses before the contract is signed.
The form 2 can be timed and tailored to match the proposed contract conditions and due diligence rights.
Reduced risk of buyer termination
A solicitor will ensure the Form 2 is accurately prepared to ensure the buyer does not have any termination rights for non-disclosure or inaccurate disclosure.
Strategic disclosure
Solicitors can structure the disclosure so it is legally compliant but does not over-volunteer unnecessary information that may weaken the seller’s negotiating position.
Where disclosure triggers specific risks (e.g. upcoming body corporate works), a solicitor can pair the Form 2 with special conditions to limit liability.
A solicitor does not just ‘fill out’ the form. They ensure it is legally correct, compliant with the relevant legislation and defensible if challenged, while assuming professional responsibility.
A third-party search provider can supply the data, but not the legal interpretation, contract integration, or risk management that reduces the risk of disputes or termination by the buyer.
Final Thoughts
The new QLD Seller disclosure regime introduces strong protections for buyers. Agents and sellers who plan ahead will not only avoid delays and legal risks, but they will also help ensure a smoother, quicker sale.
It is important to engage a qualified solicitor who can assist in not only the preparation of Form 2, but also the legal interpretation and ensure your rights are protected.
If you are unsure how to navigate these new requirements or want help preparing a compliant Form 2, our specialist property law team is here to guide you through the process from start to finish.
Get in touch today – sunshinecoast@pathwaylegal.com.au or 5446 6857.
