Queensland’s seller-disclosure scheme has applied to most property sales, including auctions, since 1 August 2025.
Last updated: August 2026
A seller must generally provide a completed and signed Form 2 Seller Disclosure Statement and each applicable prescribed certificate before the buyer signs the contract. Auction sales have special procedures based on when a bidder registers.
Before the auction starts
A bidder who registers before the auction starts must be given the disclosure documents before the auction begins. The seller or agent should keep reliable evidence of when and how the documents were provided.
A bidder who registers after the auction starts
Where a bidder registers after the auction has started, the legislation distinguishes giving documents to that person from making documents available. The seller must have the disclosure documents available for inspection in the prescribed way from the start of the auction until completion. The procedure differs for an in-person auction and an electronic auction.
The documents must remain available before the fall of the hammer. Merely announcing that documents exist, or displaying a QR code that cannot be accessed, may not establish compliance with the statutory method.
What must accompany Form 2?
Do not describe “planning” and “zoning” generically as prescribed certificates. Form 2 itself contains prescribed information, including title and property details, zoning and specified notices. Applicable certificates and documents may include the current title search and registered plan, pool safety material, rates and water notices and, for relevant community titles properties, the community management statement and body corporate certificate.
Auctioneer and agent responsibilities
- Confirm that the seller has authorised preparation and release of the documents.
- Check the Form 2 is signed, current and complete.
- Identify which prescribed certificates apply to the particular lot.
- Use a disclosure method that complies with the rules for the auction format and bidder-registration timing.
- Keep records of delivery, access, system availability and any bidder acknowledgements.
Consequences of non-compliance
A buyer may have a statutory right to terminate before settlement if disclosure documents were not given as required, or if a material inaccuracy or omission meets the statutory test. The outcome depends on the facts and the applicable exceptions.
Read Ensure Legal’s detailed Form 2 Seller Disclosure Statement guide and the Queensland Government seller-disclosure guidance.
This article provides general information only and does not constitute legal advice.
