What is a Seller’s Disclosure Statement (Form 2)?
From 1 August 2025, all contracts for the sale of residential property in Queensland must include a Seller’s Disclosure Statement and prescribed certificates.
The Form 2 is a legal document that sellers must give to buyers before a contract is signed.
What does the Form 2 include?
The Form 2 covers everything a buyer needs to know about your property before they commit. It’s broken into six parts:
Part 1 – Seller and property details. Your full legal name, contact address, and the lot and plan number for the property.
Part 2 – Title, encumbrances and tenancies. This covers everything registered (or unregistered) against your title – think easements, covenants, caveats, and any current tenancy agreements.
Part 3 – Land use, planning and environment. Zoning information, heritage listings, contaminated land notices, owner builder notices, and any other government notices affecting the property. If any of these apply, a prescribed notice to the buyer must also be included.
Part 4 – Buildings and structures. Any building notices, compliance issues, and pool safety certificates. If the pool doesn’t have a current compliance certificate, a Form 36 for non-compliance must be attached instead.
Part 5 – Rates and water services. The latest council rates and water charges for the property. Important – these figures must exclude any discounts or concessions and only include fixed or leviable charges, not consumption. The number on your rates notice isn’t always the correct figure for the Form 2.
Part 6 – Community title scheme (if applicable). For units, townhouses, or any property in a body corporate, you’ll need to attach the Community Management Statement and the Body Corporate Certificate (Form 33, 34, or 18) showing levies, insurance, and scheme details.
What prescribed certificates and searches are required?
The Form 2 doesn’t stand alone. It must be delivered alongside a set of prescribed certificates and searches, all of which need to be current at the time of delivery. These include:
- Current title search
- Registered survey plan (plan of survey)
- Pool safety certificate (or Form 36 for non-compliance), if applicable
- Body corporate certificate (Form 33, 34, or 18), if applicable
- Community Management Statement, if applicable
- Any relevant environmental or compliance notices
- Owner builder notice, if applicable
Missing even one of these? The buyer can terminate the contract – no questions asked. That’s why getting it right the first time matters.
Who needs a Form 2?
Almost every residential property sale in Queensland requires a Form 2. If you’re selling a house, townhouse, unit, vacant land, or commercial property, you’ll need one.
There are only a handful of exemptions – things like family transfers, certain court-ordered sales, or some high-value commercial transactions. If you’re unsure whether your sale is exempt, get in touch and we’ll let you know.
The bottom line: if you’re selling property in Queensland, assume you need a Form 2 until told otherwise.
When does the Form 2 need to be ready?
Here’s the part that catches people out. The Form 2 and all prescribed certificates must be given to the buyer before they sign the contract. Not after. Not at settlement. Before.
For auctions, everything must be ready before the fall of the hammer.
That means if you’re listing your property for sale, you should be engaging a solicitor to prepare your Form 2 the moment you sign the Form 6 (Appointment of Agent) with your real estate agent. Some searches – particularly body corporate certificates – can take up to five business days to come back. If you wait until a buyer appears, you could lose the deal while you’re scrambling to get your paperwork together.
Our advice? Get your Form 2 sorted before your first open home. The best agents in Queensland are already doing this as standard practice. Read more about the Form 2 rollout here.
Why this matters:
If the Form 2 is not prepared correctly, the Buyer will be able to terminate the contract, right up until settlement! Engage Empire Legal to take care of everything for you, so you can rest easy knowing that we have taken care of all the tricky laws, compliance and paperwork!
What happens if you get it wrong?
Let’s be direct. If your Form 2 is incomplete, inaccurate, or missing a required certificate, the buyer has the right to terminate the contract at any time before settlement.
That means even after the contract goes unconditional, even after you’ve bought your next home, even after you’ve packed up the moving boxes – the buyer can still walk away if your disclosure wasn’t compliant.
We’ve already seen it happen since the laws came into effect in August 2025. Common mistakes include:
- Forgetting to attach a pool safety certificate (or the Form 36 for non-compliance)
- Using outdated searches or certificates
- Getting the rates figures wrong (remember – exclude discounts and concessions)
- Missing the body corporate certificate for CTS properties
- Ticking the wrong box on the Form 2 itself
- Delivering the Form 2 after the buyer has already signed the contract
Any one of these can give the buyer a free pass to terminate. It’s not worth the risk. Read our latest update on Form 2 compliance issues.
How Empire Legal handles your Form 2
When you engage Empire Legal, we handle the entire process from start to finish. Here’s how it works:
Step 1 – You instruct us. Click the button on this page or give us a call. We’ll gather the basic details about your property and get started straight away.
Step 2 – We order all required searches. Title searches, survey plans, body corporate certificates, pool compliance – we know exactly what’s needed for your specific property type and we order everything on your behalf.
Step 3 – We prepare your Form 2. Our experienced team completes the Form 2 with meticulous attention to compliance. We don’t guess, we don’t rush, and we don’t cut corners.
Step 4 – We review and deliver. Every Form 2 we prepare goes through a compliance review before it’s delivered to you, your agent, or directly to the buyer’s solicitor. You get a complete, compliant disclosure pack – ready to go.
With over 16,000+ clients helped and a five-star average across 3,000+ Google reviews, you’re in safe hands.
Pricing and Inclusions
Pricing
$990 (inclusive of GST) – house and land sales $1,140 (inclusive of GST) – body corporate sales
Timeframes
House/Land – up to 5 business days CTS (Body Corporate) 5-7 business days NOTE: these timeframes are a general guideline – we will move as fast as the searches come back to us.
Are you a real estate agent?
We know how important it is to keep deals moving. That’s why the top-performing agents across Brisbane, the Gold Coast, and Queensland-wide are referring their sellers to Empire Legal for Form 2 preparation from day one.
Here’s what agents love about working with us:
- Fixed fees, no surprises. Your sellers know exactly what they’re paying upfront.
- Fast turnaround. We move as quickly as the searches come back – within 5 business days for house and land, 5-7 for body corporate.
- One less thing to worry about. You focus on marketing and selling the property. We’ll handle all the disclosure compliance.
- Direct communication. We keep your sellers informed every step of the way, so you’re not fielding questions about paperwork.
Want to set up a referral workflow with your office? Get in touch at info@empirelegal.com.au or call 07 3088 7675. We’ll make it easy.
Frequently Asked Questions
What is a Form 2 Seller’s Disclosure Statement in Queensland?
A Form 2 is a legal document that Queensland property sellers must provide to buyers before a contract is signed. It discloses key information about the property – including title details, encumbrances, zoning, building compliance, rates, and body corporate information (if applicable). The Form 2 requirement was introduced under the Property Law Act 2023 and has been mandatory for most property sales since 1 August 2025.
Who is required to provide a Form 2?
In almost all residential, commercial, and vacant land sales in Queensland, the seller must provide a completed and signed Form 2 along with all prescribed certificates before the buyer signs the contract. There are limited exemptions for things like family transfers and certain court-ordered sales, but the vast majority of property sales require one.
What happens if I don’t provide a Form 2, or if it contains errors?
If the Form 2 is not provided, is incomplete, or contains inaccuracies, the buyer may have the right to terminate the contract at any time before settlement. This applies even after the contract has gone unconditional. In some cases, the buyer may also be entitled to claim damages for losses caused by the seller’s failure to disclose.
Can I prepare the Form 2 myself?
Technically, yes – a seller can complete the Form 2 themselves. However, the disclosure requirements are detailed and the consequences of getting it wrong are severe. Most sellers choose to engage a solicitor to handle it. We’d strongly recommend having a professional prepare it to protect your sale.
Can my real estate agent prepare the Form 2?
Under the legislation, an agent or authorised third party can prepare the Form 2. In practice, most agents prefer to refer this to a solicitor because of the legal complexity and the risk involved. The agent is focused on selling your property – the legal compliance is best left to a law firm that does this every day.
How long does it take to prepare a Form 2?
At Empire Legal, Form 2 preparation for house and land sales typically takes up to 5 business days. For body corporate (CTS) properties, allow 5-7 business days, as body corporate certificate searches can take longer to return. We always move as fast as the searches come back to us.
How much does Empire Legal charge for Form 2 preparation?
Our fixed fees are $990 (inclusive of GST) for house and land sales and $1,140 (inclusive of GST) for body corporate sales. This includes all prescribed searches, certificates, preparation of the Form 2, and a compliance review before delivery. No hidden fees, no surprises.
When should I start the Form 2 process?
As soon as you sign the Form 6 (Appointment of Agent) with your real estate agent – or even earlier if you know you’re going to sell. The Form 2 and all prescribed certificates must be ready before the buyer signs the contract, so getting started early means you won’t lose a buyer while waiting for paperwork.
Do I need a Form 2 if I’m selling at auction?
Yes – and it needs to be ready before the auction, not after. The Form 2 and all prescribed certificates must be available to buyers before the fall of the hammer. If you’re going to auction, start the process as early as possible to make sure everything is compliant and ready for bidders on the day.
What areas does Empire Legal service for Form 2 preparation?
We prepare Form 2 disclosure packs for property sales right across Queensland – including Brisbane, Gold Coast, Sunshine Coast, Ipswich, Logan, Moreton Bay, Toowoomba, Townsville, Cairns, and everywhere in between. Everything is handled remotely, so it doesn’t matter where your property is located.
