Understanding the Form 2 Disclosure: What Sellers Need to Know
If you’re preparing to sell your home in Queensland, you’ll come across something called the Form 2 – Disclosure Statement. While it may seem like just another document in the sales process, Form 2 plays a crucial role in ensuring transparency and protecting both buyers and sellers. Here’s a simple breakdown of what it is, why it matters, and what you need to look out for.
What is Form 2?
Form 2 is a standardised disclosure document outlining key information about the property. It can be completed and signed electronically, and must be accompanied by any required “prescribed certificates.”
While sellers are ultimately responsible for providing Form 2, they can have it prepared by:
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Their solicitor (recommended)
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Their real estate agent (if authorised)
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A third-party provider
*Agents must follow the seller’s instructions and cannot give legal advice about disclosure.
What must be disclosed?
Form 2 covers several important areas, including:
Title & Encumbrances
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Most recent title search
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Survey plan
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Details of any unregistered leases or agreements
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Statutory encumbrances such as easements, access rights or infrastructure requirements
Planning & Environmental Information
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Current zoning
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Priority Development Area (if applicable)
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Proposed government transport or infrastructure projects
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Whether the property is listed on the Environmental Management Register or Contaminated Land Register
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Any relevant notices, orders or applications under environmental, heritage or safety laws
Rates & Services
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Latest council rates
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Water service fees or estimated service charges if no notice is available
What Form 2 does not cover
Form 2 is not a complete due-diligence document. It does not require disclosure of:
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Flooding or natural hazard history
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Structural issues or building defects
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Termite or pest history
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Presence of asbestos
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Whether building work was properly approved
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Utility connection status
Buyers must still conduct their own building, pest, flood and planning checks.
Termination rights
A buyer may terminate the contract if:
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Form 2 is not provided to them before signing the contract of sale, or
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It is inaccurate or incomplete in a material matter and the buyer would not have signed had they known the truth
Practical tips
For Sellers
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Start gathering documents early
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Provide full instructions to whoever prepares Form 2 (we strongly recommend a solicitor to prepare the Form 2)
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Keep copies of all notices, agreements and certificates
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Ensure any agent fees for preparing Form 2 are properly disclosed
For Buyers
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Read Form 2 carefully before signing
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Question anything marked “unknown” or unclear
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Always conduct independent due diligence
- Have your solicitor review before signing
The bottom line
Form 2 brings Queensland in line with other states by creating a clear, consistent seller disclosure framework. It improves transparency for buyers while helping sellers reduce contract risk — but it doesn’t replace thorough inspections and independent checks.
DISCLAIMER - The information provided is for guidance and informational purposes only and does not replace independent business, legal and financial advice which we strongly recommend. Whilst the information is considered true and correct at the date of publication, changes in circumstances after the time of publication may impact the accuracy of the information provided. Property Boutique will not accept responsibility or liability for any reliance on the blog information, including but not limited to, the accuracy, currency or completeness of any information or links.
