Last updated: 13 August 2026
Queensland’s seller disclosure scheme changed the rhythm of residential property transactions from 1 August 2025. The practical issue is not simply whether a buyer can be gazumped. The broader risk is that buyers, sellers and agents now need to manage disclosure documents and contract signing in the correct order.
What has changed?
Before a buyer signs a contract, the seller must give the buyer the required seller disclosure statement and prescribed certificates. The Queensland Government explains that a buyer may have termination rights up to settlement if the seller does not give the disclosure documents before the buyer signs, or if the disclosure is inaccurate or incomplete and the statutory requirements are met.
This is separate from the point at which the contract becomes legally binding. A contract of sale becomes binding only when both the buyer and the seller have signed it. Until that happens, an accepted offer or negotiation may not give the buyer the same protection as a signed contract.
Why this can affect transaction risk
Where disclosure documents are delayed or incomplete, buyers may spend time arranging finance, inspections or legal review before the contract is fully signed. In a competitive market, that delay can leave room for competing offers or changed expectations about price and terms.
For sellers, the risk is different. Poor preparation of disclosure materials can slow the transaction, create avoidable disputes, or give a buyer a statutory basis to terminate later if the disclosure problem is material and the legal requirements are satisfied.
Practical steps for buyers
- Ask for the seller disclosure statement and prescribed certificates before signing.
- Check that the contract records any finance, building and pest, due diligence or settlement conditions you need.
- Do not assume a verbal acceptance or informal email exchange is the same as a binding contract.
- Have the contract and disclosure documents reviewed before signing where timing permits.
Practical steps for sellers
- Prepare seller disclosure documents before launching or accepting offers where possible.
- Check title, planning, body corporate, rates and other prescribed information carefully.
- Avoid treating disclosure as a formality after price has already been agreed.
- Keep a record of when the buyer received the disclosure documents and when the contract was signed.
How Ensure Legal can assist
Ensure Legal assists Queensland buyers and sellers with contract review, seller disclosure issues, settlement risks and transaction documents. If timing is tight, send us the contract, disclosure statement and any prescribed certificates so we can identify the issues that need attention before signing or settlement.
For related help, see our Queensland conveyancing service and property contract review service.
Source
Queensland Government, Contract of sale for buying a home, last updated 23 July 2025.
