Selling property
Get the disclosure right before you list — it now decides whether the sale holds.
Since 1 August 2025, Queensland sellers must give buyers a seller disclosure statement (Form 2) and prescribed certificates before the buyer signs. If anything is missing or wrong, the buyer may be able to walk away at any time up to settlement. Preparing the disclosure with your agent before marketing starts is now the most important part of selling.
Title details, registered and unregistered encumbrances, tenancies, zoning, council and government notices, resumption or transport proposals, contamination, heritage, pools and body corporate information. We prepare or check it before it goes to buyers.
Title search and survey plan, pool safety certificate where there is a pool, and for units the body corporate certificate and community management statement.
Every seller — Australian resident or not — needs an ATO clearance certificate before settlement, or the buyer must withhold 15% of the price. Apply early; it lasts 12 months.
Homes that are sold must have compliant interconnected photoelectric smoke alarms, and the contract asks you to confirm it.
Your lender needs a discharge authority, often two to three weeks before settlement. Late discharges delay settlement and can cost you penalty interest.
Existing tenancy agreements must be disclosed, and the tenant’s rights continue after sale. Bond, rent and entry notices need to be handled correctly.
Points we check for sellers
- Correct seller names and every owner signing
- Inclusions and exclusions, so there are no surprises at handover
- Special conditions added by the agent or buyer
- Deposit amount, who holds it and when it is due
- Finance and building and pest conditions and their dates
- Settlement date that suits your next purchase
Special situations
- Deceased estates — who can sign and when
- Separation and Family Court orders
- Sale by a company, trust or SMSF trustee
- New homes and land — GST withholding at settlement
- Properties with unapproved structures
- Simultaneous sale and purchase
- Disclosure statement given late, incomplete or wrong
- Pool safety certificate missing or expired
- Encumbrances or easements left off the disclosure
- Clearance certificate not obtained — 15% withheld at settlement
- Mortgage discharge lodged too late
- A co-owner or spouse not signing
- Agent special conditions that favour the buyer
- Inclusions in dispute at the final inspection
- Buyer delays without proper notice being given
- Payment redirection scams by email
How we help — our difference
We work with your agent before the property is listed, so the disclosure is complete and accurate from day one. Your matter is handled personally by an experienced solicitor through to settlement.
- Disclosure statement prepared or checked before marketing
- Agent’s contract reviewed before you sign
- Clearance certificate and mortgage discharge started early
- Buyer delays and defaults handled firmly
- Clear, fixed quoted fees
- Settlement funds confirmed by phone, never by email alone
Selling? Talk to us before you list.
A short first phone call is free. Detailed advice on your situation is given at a paid consultation, by appointment.
General information only, current as at October 2026 — not legal advice for your situation. Laws, fees and duty rates change, so we confirm the current position before advising you. Official information: Queensland seller disclosure · Queensland Revenue Office.