Even if you sell your property privately or off-market, Queensland law still requires you to disclose important legal information to the buyer.
At Ensure Legal, we help sellers understand and meet their legal obligations—whether the sale is through a real estate agent or negotiated privately.
What Is an Off-Market Sale?
An off-market sale means selling your property without advertising it publicly—no real estate websites, no signboards. These sales usually happen through referrals, buyer’s agents, or word of mouth. People often choose off-market sales for reasons such as:
- More privacy
- Fewer marketing costs
- Direct negotiation with buyers
But even if the sale feels informal, you’re still bound by Queensland’s property laws.
New Disclosure Rules Apply from 1 August 2025
Under Queensland’s Property Law Act 2023, anyone selling residential property—including off-market sellers—must give the buyer:
- A completed and signed Form 2 Seller Disclosure Statement; and
- All the prescribed certificates and documents related to the property.
These must be provided before the buyer signs the contract, not after.
What Documents Must Be Disclosed?
| Required Document | Purpose |
|---|---|
| Form 2 Seller Disclosure Statement | A summary of key information about the property |
| Prescribed Certificates | Includes searches like title, zoning, and flood risk |
| Smoke alarm & pool safety compliance | Confirms the property meets Queensland safety standards |
| Material facts | You must disclose known issues such as flooding, defects, or illegal building work |
Does This Apply to Private Sales?
Yes. The law doesn’t distinguish between sales made through an agent or privately. If you’re selling directly to a buyer—even to a friend or family member—you still need to provide the required disclosures.
Failing to do so could give the buyer a legal right to cancel the contract.
Can I Delay the Searches?
Some sellers prefer to wait until a buyer is found before ordering all the necessary certificates. That may be possible—but it’s important to understand:
- You can’t sign a contract until the buyer has received all the required disclosure documents.
- This could delay your sale unless you’re prepared in advance.
At Ensure Legal, we can help you prepare the disclosure documents early, so you’re ready to move quickly when a buyer is ready.
Exceptions: When Disclosure May Not Be Required
There are some limited situations where the disclosure obligations under the new law do not apply. For example, you may be exempt if:
- The buyer is a government body, such as the State, a constructing authority, or a listed corporation
- The buyer and seller are related parties (e.g. family members or business entities under common control)
- The sale price is over $10 million, and the buyer agrees to waive disclosure
- The seller is a local council selling property to recover unpaid rates
📄 For the full list of exceptions, refer to Section 2 of the official Seller Disclosure Guide.
How We Can Help
Selling off-market doesn’t mean you’re on your own. We can:
- Review your property title and prepare the correct disclosure documents
- Help you understand what facts must be disclosed to avoid legal risks
- Draft or review your contract of sale for compliance with the latest legislation
Need Legal Advice?
📍 Based in Queensland, Ensure Legal offers straightforward property law advice for individuals and families. Whether you’re selling your home off-market or via an agent, we’ll make sure the legal side is handled properly.
