The Queensland Property Law Act 2023 comes into effect on 1 August 2025, replacing the outdated 1974 legislation and introducing important changes including mandatory seller disclosure before any residential contract is signed. Whether you’re buying, selling, or advising others, these changes will affect how property transactions happen in Queensland.
At Law Tram, we simplify the process of finding a lawyer so everyday Australians and professionals can move forward with confidence. Our platform securely connects you with licensed Queensland property lawyers who can help you understand the new Queensland Property Law Act and what it means for your specific situation.
Quick Summary – What’s Changing Under the New Property Law Act?
- The Queensland Property Law Act 1974 will be replaced on 1 August 2025
- A mandatory seller disclosure scheme applies to most residential sales
- Sellers must provide a disclosure statement and documents before the buyer signs
- Buyers can terminate the contract before settlement if disclosure isn’t correct
- Real estate agents have new compliance obligations
- Private sellers must follow a very different legal process
- Lawyers and conveyancers need to update precedents and systems
- The reforms aim to simplify, modernise, and clarify Queensland property law
Why the Property Law Act 2023 Was Introduced
Queensland’s Property Law Act 1974 has long been criticised for using outdated language, unclear provisions, and not keeping pace with modern property practices. Many parts of the old Act were hard to apply or interpret, leading to inconsistent outcomes and unnecessary legal disputes.
In response, the Queensland Law Reform Commission (QLRC) undertook a comprehensive review of the legislation. Its recommendations formed the basis for the new Property Law Act 2023 , which aims to simplify, modernise, and align Queensland’s property laws with those in other Australian states.
This reform is about making the law easier to follow for buyers, sellers, and practitioners alike and reducing the likelihood of disputes by making rights and obligations clearer from the outset.
Key Changes Affecting Residential Property Sales
The New Mandatory Seller Disclosure Scheme
From 1 August 2025, sellers of most residential properties in Queensland will be legally required to provide buyers with a disclosure statement and a set of prescribed documents before the buyer signs the contract. This represents a significant change from previous practice, where disclosures often came later or not at all.
The required documents will include:
- A current title search
- The registered plan of the property
- Rates and water notices
- Body corporate certificates (if applicable)
These documents must be complete, accurate, and presented in the approved format. The aim is to give buyers the information they need to make informed decisions early in the process and reduce surprises after signing.
What Happens If Disclosure Isn’t Provided Correctly
If a seller fails to provide disclosure, or if the documents are incomplete or incorrect, the buyer will have a clear right to terminate the contract at any time before settlement. This right cannot be waived, even if the buyer is happy to proceed. The law is designed to protect the buyer’s position, regardless of whether the omission was accidental or intentional.
This means sellers, agents, and lawyers all have a shared responsibility to ensure the correct disclosure process is followed. If not, the deal could collapse and legal consequences could follow.
What This Means for Sellers
Private Sellers Must Follow a New Legal Process
If you’re planning to sell your home or investment property in Queensland from 1 August 2025, the process will be very different from what you might be used to.
The most important change is that you must provide legally compliant disclosure documents to the buyer before they sign the contract. If you don’t, the buyer can terminate the deal at any point before settlement, even if the sale is almost complete. This is a significant shift from past practice.
Private sellers will need to understand what documents are required and make sure they are accurate and up to date. Failing to do so could cost you the sale.
Example:
Helen, a homeowner in Townsville, listed her property for private sale in September 2025. She wasn’t aware of the new law and didn’t provide disclosure documents before the buyer signed. A week before settlement, the buyer exercised their right to terminate, leaving Helen with unexpected legal costs and a delayed sale.
Real Estate Agents Need to Adapt
Under the new Property Law Act, licensed real estate agents will play a key role in ensuring compliance with the mandatory seller disclosure scheme. Agents will need to:
- Understand the disclosure requirements in full
- Inform sellers of their obligations early in the listing process
- Coordinate the preparation and delivery of disclosure documents prior to contract signing
Agencies may need to update internal procedures, listing checklists, and workflows. Missteps or delays could result in deals falling through or clients losing trust.
Agents who get this right will be in a stronger position to guide sellers safely through the new system. Those who don’t may expose themselves and their clients to financial or reputational risk.
What This Means for Property Lawyers
Impact on Legal Practice and Document Management
Lawyers and conveyancers involved in Queensland property transactions must prepare for the operational impact of the new Act. This includes:
- Updating precedent contracts, client engagement letters, and checklists
- Ensuring timely and accurate collection of disclosure materials
- Advising clients on their rights and obligations under the new regime
With disclosure becoming a legal precondition to contract formation, mistakes or delays will carry more risk than before.
Clearer Rules Around Land Dealings
The Property Law Act 2023 also modernises rules around co-ownership, leases, easements, covenants, and powers of attorney. These reforms aim to reduce uncertainty and make the law more user-friendly for both practitioners and the public.
Expert Insight
“Clearer disclosure laws help prevent conflict by ensuring both parties have the same information from the outset. But it’s essential that agents and sellers understand the legal timing as if documents are missing, the contract is at risk.”
— Paul Jones , Queensland Property LawyerExample:
Jason and Emily, a young couple from Ipswich, were in the process of purchasing their first home in late 2025. The seller’s agent failed to provide the body corporate records before they signed. When they later discovered undisclosed building defects in the common property, they exercised their right to terminate the contract just three days before settlement.
Take the Next Step with Confidence
The Queensland Property Law Act 2023 will replace the current legislation from 1 August 2025, bringing in long-overdue changes to simplify and modernise how property transactions are handled. The most significant shift is the introduction of a mandatory seller disclosure scheme, which means sellers must provide key documents before a buyer signs the contract.
This change affects private sellers, real estate agents, and legal professionals. If disclosure is incomplete or delayed, buyers will have the right to terminate the contract at any time before settlement. Understanding these new rules and preparing ahead of time is essential to avoid failed contracts, delays, or legal complications.
Start Your Free, Confidential Consultation
At Law Tram, we make it easier to connect with experienced property lawyers who can help you meet your obligations and protect your interests. Whether you’re selling, advising clients, or reviewing your legal processes, our platform gives you access to expert guidance efficiently, securely, and with no upfront cost to get started.
Law Tram offers a secure, efficient, and supportive way to connect with expert legal help. Whether you’re preparing to sell, acting as a real estate agent, or reviewing legal documents, our platform ensures you receive tailored advice from qualified Queensland property lawyers without unnecessary upfront costs. Start your free, confidential consultation today.
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