When selling property in Queensland, there are several legal obligations you must abide by.
And for buyers, it’s important to know what you’re entitled to from the seller, and to know the difference between non-disclosure and misrepresentation.
Non-disclosure is when a seller fails to give important information that could influence someone’s decision to buy the property. It means the seller has not disclosed damage to the property, or any “legal encumbrances” such as easements.
Misrepresentation means the buyer has actively provided false information. This could be as small as exaggerating features of the property, to as large as lying about property title or the condition of the property.
Both non-disclosure and misrepresentation are treated seriously under the law. In cases of non-disclosure, buyers can launch legal action after the purchase, which could lead to compensation being ordered.
In cases of misrepresentation, buyers have the right to void the contract completely and recover damages, particularly if it can be proved the misrepresentation occurred on purpose.
As of August 2025, anyone in Queensland selling a property must provide a disclosure statement. That statement must include a range of information including:
- Seller’s name, property address, and lot/plan details.
- Title searches.
- Encumbrances, such as informal leases or easements.
- Residential tenancy or rooming accommodation agreements.
- Land use, planning and environment, including zoning, transport infrastructure notices, any notice of intention to resume the property, if the land is listed on the contaminated land register, tree applications or orders, and whether the lot is affected by heritage listing.
- Buildings and structures, including if there is a pool on the lot.
- If rates are payable for the property, the seller is required to disclose the total amount payable for all rates and charges.
- If a water services notice is issued for the property, the seller is required to disclose that amount payable as charges for water services under the most recent notice.
There are some details you are not required to include in the disclosure statement, such as:
- Structural soundness of the building.
- Flooding history.
- Previous building or development approvals.
As a buyer, it’s vital for you to organise thorough inspections before buying any property and be prepared to engage in open communication with the seller. Even unintentional misrepresentations can lead to disputes if they cause harm to the buyer, so if you’re selling a property, and you’re uncertain about your obligations, expert legal advice is a must.
The team at GLG Legal are here to help you with every aspect of buying and selling property in Queensland.
Contact our office today to make an appointment with one of our property experts. Call: (07) 3161 9555 or email: info@glglegal.com.au and let us ensure every step of your property journey is smooth.