Since 1 August 2025, every seller of residential property in Queensland must give the buyer a completed Form 2 Seller Disclosure Statement, together with the prescribed certificates, before the contract is signed. It is not optional and the buyer has strong termination rights if it is missing, incomplete, or inaccurate.
What is the Form 2 Seller Disclosure Statement?
The Form 2 is the statutory disclosure form introduced under the Property Law Act 2023. It replaced the old patchwork of caveat emptor plus a handful of specific disclosures with a single, standard document. The seller (or their agent or solicitor on their behalf) fills it in and gives it to the buyer before the buyer signs the contract.
What must be disclosed on the Form 2?
The Form 2 covers matters like the registered title and any registered encumbrances, current rates and land tax status, community titles information where relevant, tenancy details, pool safety status, unregistered easements or statutory encumbrances the seller is aware of, notices from local or state government affecting the property, tree orders, contaminated land listings, heritage listings, and transport or resumption notices.
Alongside the form, the seller must attach the prescribed certificates (title search, registered plan, community titles disclosures where applicable, and any body corporate information certificate).
When does the Form 2 need to be given?
Before the buyer signs the contract. If it is given after signing, the buyer can terminate at any time before settlement. That is a serious risk that vendors and agents cannot afford to get wrong.
What happens if the Form 2 is wrong or missing?
Two main consequences. First, the buyer has a statutory right to terminate before settlement if the Form 2 was not given, was incomplete, or contained an inaccuracy that would reasonably affect the buyer's decision to buy. Second, the seller can be exposed to a damages claim.
Who prepares the Form 2?
Legally the seller is responsible, but in practice your solicitor or conveyancer prepares the form using information you provide and the search results they order. Your agent's job is to make sure the Form 2 and the prescribed certificates are ready before the property is marketed, not scrambled together after a buyer wants to sign.
Common mistakes I see
Sellers ticking "no" on questions they have not actually checked. Missing pool safety certificates. Out of date body corporate information certificates. Rates or land tax figures that do not match the current notice. Any of these can hand the buyer a termination right on settlement eve.
What sellers should do
Get your solicitor engaged the day you decide to sell, not the day the contract lands. Order searches early. Be honest about anything you know that could affect the property. A properly prepared Form 2 protects you as much as it protects the buyer.
Important note
This article is general information only, not legal advice. Queensland property law changes and every situation is different. Before you act, speak with a qualified solicitor or licensed conveyancer, and verify current requirements with the relevant Queensland Government source (Queensland Government, Queensland Law Society, Office of Fair Trading, or the QBCC where applicable).
Where to from here
Selling and want it handled properly? Book a free appraisal and I will walk you through your obligations end to end. If you just want a fast market read on your home first, Jai can give you an instant estimate.
Frequently asked questions
Thinking of selling in Rochedale?
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