FAQs: Seller Disclosure, Form 2s and Form 33s in Queensland
With Queensland’s new Property Law Act 2023 commencing on 1 August 2025, property transactions are undergoing major reform. Sellers, buyers, and agents will all need to be familiar with the new disclosure obligations. Below is a comprehensive set of FAQs covering seller disclosure, Form 2s, and Form 33s to help you navigate the changes.
❓ What is seller disclosure?
Seller disclosure is the legal requirement for sellers to provide buyers with specific information about a property before a contract is signed. It ensures buyers are not left in the dark about important details.
❓ Why is disclosure mandatory from 2025?
Queensland is moving away from a “buyer beware” model to align more closely with other Australian states. The goal is to reduce disputes, improve transparency, and protect both buyers and sellers.
❓ What is a Form 2?
The Form 2 Disclosure Notice outlines essential details about the property, such as title, plan, and registered interests. It is the central disclosure form under the new regime.
❓ What is a Form 33?
The Form 33 Body Corporate Information Certificate provides financial details of a lot within a community titles scheme, including levies, arrears, and insurance.
❓ How do Forms 2 and 33 work together?
The Form 2 discloses general property details, while the Form 33 addresses body corporate-specific financial matters. Together, they provide a complete snapshot of the property and its obligations.
❓ Do all properties require a Form 33?
No. A Form 33 is only needed if the property is part of a community titles scheme, such as a townhouse complex or apartment building.
❓ Who prepares these forms?
- Form 2 is usually prepared by the seller’s solicitor or conveyancer however an agent or the seller can prepare the form 2.
- Form 33 is issued by the body corporate manager upon request and payment of a prescribed fee.
❓ How long does it take to get a Form 33?
Timeframes vary depending on the body corporate manager. Some may issue it within a few days, while others can take up to two weeks. Sellers should order it early to avoid delays.
❓ How much does a Form 33 cost?
Fees are set by regulation and vary slightly depending on urgency. Standard requests are cheaper than urgent requests, which attract a higher fee.
❓ What if a seller doesn’t provide disclosure?
If disclosure documents are not given before contract signing, the buyer may have an automatic right to terminate the contract.
❓ Can disclosure be emailed?
Yes, disclosure documents can be provided electronically, provided the buyer agrees. Many firms now deliver these securely via email or document platforms.
❓ Are body corporate meeting minutes required?
Yes. In addition to the Form 33, sellers are recommened to provide minutes of the last two annual general meetings and any committee meetings that highlight financial or maintenance issues.
❓ What if the body corporate has disputes?
Disputes, tribunal proceedings, or QCAT orders must be disclosed. Buyers have a right to know about legal or financial issues that could affect the scheme.
❓ What is a “material fact” under disclosure laws?
A material fact is anything that could influence a buyer’s decision to purchase. This may include building defects, contamination notices, or ongoing legal disputes.
❓ What if the seller doesn’t know about an issue?
Sellers must disclose what they are reasonably aware of. However, it’s strongly advised to conduct searches to avoid accidental non-disclosure.
❓ Can buyers rely solely on disclosure documents?
No. Buyers should still carry out independent searches, inspections, and due diligence. Disclosure reduces risks but doesn’t replace personal responsibility.
❓ What happens if disclosure documents are inaccurate?
If buyers can show that disclosure was misleading or incomplete, they may terminate the contract or pursue compensation.
❓ How often do Form 33 details change?
Body corporate levies and insurance can change annually or even mid-year if special levies are raised. Buyers should check the timing of updates carefully.
❓ Can a Form 33 be out of date?
Yes, which is why it’s important to obtain a current version before contract signing. Using an outdated Form 33 could expose sellers to termination risks.
❓ Who pays for disclosure documents?
The seller is responsible for covering the costs of preparing and providing the disclosure statement, including ordering the Form 33 where required.
❓ Can disclosure obligations be contracted out of?
No. Seller disclosure under the Property Law Act 2023 is mandatory and cannot be waived by agreement.
New FAQs: Why sellers shouldn’t rely on “common sense” searches
❓ Can sellers skip searches and just disclose what seems obvious?
No. Relying on “common sense” instead of official searches is risky. Without evidence, sellers cannot prove the information was correct at the time of disclosure.
❓ Why isn’t verbal knowledge enough?
Verbal assurances or assumptions carry no legal weight. If challenged, a seller has no documented proof that accurate disclosure was provided. Official searches protect sellers from disputes.
❓ What if a buyer later finds missing information?
If a seller relied on guesswork and the buyer discovers omissions, the buyer may have the right to terminate or claim damages. Proper searches help prevent this.
❓ How do searches protect sellers?
Searches create a paper trail showing the information was accurate at the date of signing. This evidence is crucial if a buyer tries to argue the seller failed to disclose properly.
Final Thoughts
Seller disclosure, Form 2s, and Form 33s form the backbone of Queensland’s new property law regime. These obligations are designed to protect both sides of the transaction—buyers gain clarity, and sellers gain certainty.
The message is clear: sellers should start preparing disclosure documents early, work closely with their conveyancer, and avoid cutting corners on searches. Skipping them might feel like a cost saving, but it could expose the seller to far greater risks down the track.
This is general advice only, for specific legal advice speak with your legal representative or solicitor or get started with Sunstate Conveyancing today on 07 3828 2069!
