Start from the default. Queensland's mandatory seller disclosure scheme, introduced by the Property Law Act 2023 (Qld) and commenced on 1 August 2025, applies to contracts for the sale of freehold land entered into on or after that date. A Form 2 is not required only where a specific exemption applies.
The carve-outs
The main situations that sit outside the scheme are:
- Related parties, where every buyer waives disclosure in writing before signing. Note the waiver. The relationship on its own is not enough.
- Transfers between co-owners changing their shares.
- Sales to government bodies or listed corporations. This turns on who the buyer is rather than what is being sold.
- Contracts giving effect to a court order.
- Contracts over $10 million where the buyer waives. Again, the waiver is the operative part.
Form 2 applies to existing lots. A lot bought off the plan isn't covered until the plan is registered. That isn't an exemption, it's simply outside the scheme.
If your exemption depends on a waiver
Two of the exemptions above depend on the buyer waiving disclosure, and the waiver is the part that does the work. It is a document with requirements to meet, not an understanding between people who know each other.
If you are relying on one, check when it has to be signed and what it needs to say before proceeding without a Form 2. Where a waiver is ineffective, the seller may not be entitled to rely on the exemption at all, and the position becomes the same as a sale where disclosure was required and not given.
There is no auction exemption
Selling at auction does not, by itself, take a sale outside the disclosure scheme. Auction sellers give the disclosure to registered bidders before bidding, which means the pack has to exist well before auction day. Form 2 and auctions covers the timing, including what to confirm for a bidder who registers on the day and for a property that passes in.
Why an unchecked exemption is a risk worth avoiding
The two outcomes are not comparable. Preparing a Form 2 you did not strictly need costs you the preparation. Relying on an exemption incorrectly may give the buyer a right to terminate that remains available until settlement, as buyer termination rights under Form 2 explains.
If you believe an exemption applies to your sale, check its requirements before proceeding without a Form 2 rather than assuming it does.
If you are unsure, prepare the disclosure. Zettle prepares Form 2 disclosure packs for Queensland sellers on a fixed fee, see the Form 2 service. More on conveyancing in Queensland.
General information only, not legal advice. Whether an exemption applies to a particular sale depends on its circumstances, and this page is not a substitute for advice on yours.
