Selling Your Property in Queensland? Here Are 5 Must-Know Tips to Protect Your Sale

Selling your home or investment property can be exciting—but also overwhelming. With new laws now in effect across Queensland, it’s more important than ever to understand your legal obligations before listing your property or signing a contract.

Here are 5 essential tips for sellers to help you navigate the process with confidence and avoid costly mistakes.

1. Understand the New Seller Disclosure Laws

As of 1 August 2025, Queensland introduced a mandatory seller disclosure scheme. This means sellers must provide buyers with a Form 2 Seller Disclosure Statement and a set of prescribed certificates before a contract is signed.

These documents must include:

• Title search and survey plan
• Details of any encumbrances (e.g. easements, leases)
• Zoning and planning notices
• Environmental or contamination notices
• Pool safety compliance
• Body corporate documents (if applicable)

Failure to comply can give the buyer the right to terminate the contract—even after signing. So it’s vital to prepare these documents early and ensure they’re accurate and complete.

💡 Tip: Engage a solicitor or conveyancer early to help you prepare the disclosure documents correctly.

2. Prepare Your Contract Carefully

The Contract of Sale is a legally binding agreement. In Queensland, it must be prepared by a licensed real estate agent or solicitor and include:

• Property details and inclusions
• Sale price and deposit terms
• Settlement date
• Special conditions (e.g. subject to finance or inspections)
• Disclosure obligations

Review the contract thoroughly before signing. A solicitor can help ensure all terms are correct and protect your interests.

3. Be Transparent About Property Issues

Under the new laws, sellers must disclose any known issues that could affect the property’s value or use. This includes:

• Structural defects
• Unapproved building work
• Tree disputes or heritage listings
• Notices from council or government agencies

Transparency builds trust and reduces the risk of disputes later. If you’re unsure what needs to be disclosed, your legal advisor can guide you.

4. Get Your Compliance Certificates in Order

Before listing your property, make sure you have:

• A current pool safety certificate (or a notice of non-compliance)
• Any owner-builder notices (for work done in the last 6 years)
• Environmental or heritage notices, if applicable
• Body corporate certificates for strata or community title properties

These documents can take time to source, especially from councils or government departments. Start early to avoid delays.

5. Know What Happens After Signing

Once the buyer signs the contract, they usually have a 5-business-day cooling-off period (unless the property is sold at auction). During this time, they can terminate the contract for any reason, but may forfeit 0.25% of the purchase price.

As the seller, you must ensure all legal obligations are met before settlement, including:

• Transferring ownership correctly
• Ensuring smoke alarms and safety switches are compliant
• Finalising financial adjustments (e.g. rates, water charges)

If you need help preparing your disclosure documents or reviewing your contract, Byrne Lawyers is always available to help.