Seller disclosure is the seller's legal obligation to tell you the important facts about a property before you sign, so you are not committing blind. The document has a different name in each state, but the purpose is the same: to put the legal state of the property in front of you while you can still walk away. Crucially, disclosure covers the legal facts — title, encumbrances, planning, outgoings — not the physical condition of the building, which stays your responsibility.
Seller disclosure at a glance
| State | Primary disclosure document | Legislation | Buyer's remedy if the seller fails |
|---|---|---|---|
| QLD | Form 2 Seller Disclosure Statement | Property Law Act 2023 (Qld) | Terminate any time before settlement; deposit returned |
| NSW | Prescribed documents (s 10.7 certificate, title search, plan, drainage diagram) | Conveyancing (Sale of Land) Regulation 2022 | Rescind within 14 days of exchange |
| VIC | Section 32 Vendor's Statement | Sale of Land Act 1962 (Vic) | Withdraw before settlement, or take legal action |
QLD — Form 2 Seller Disclosure Statement
Since 1 August 2025, the Property Law Act 2023 (Qld) requires sellers to give you a Form 2 Seller Disclosure Statement and prescribed certificates before you sign. Form 2 covers title and encumbrances, planning and zoning, contamination notices, pool safety, rates and water, and body corporate details. If Form 2 is missing before signing, or materially inaccurate, you can terminate any time before settlement and get your deposit back.
NSW — prescribed documents attached to the contract
NSW has no single "Form 2" equivalent. The Conveyancing (Sale of Land) Regulation 2022 requires the vendor to attach prescribed documents to the contract before signing: a current title search, the deposited plan / strata plan, a drainage diagram, and a planning certificate (s 10.7). If something material is missing or wrong, you may have a right to rescind within 14 days after exchange (s 52A). Your solicitor or conveyancer checks these.
VIC — Section 32 Vendor's Statement
Before you sign in Victoria, the vendor must give you a Section 32 statement under the Sale of Land Act 1962. It must include title details; mortgages, covenants and easements; zoning and planning information; outgoings (council rates, water, owners corporation fees); services connected; an owners corporation certificate (if strata); building permits issued in the last 7 years; and any notices affecting the property. If the Section 32 is missing, inaccurate, or incomplete on something material, you may be able to withdraw from the sale or take legal action. Always have it reviewed before signing.
What disclosure does not cover
Disclosure is about the legal state of the property, not its physical condition. Sellers are generally not required to disclose structural soundness, flooding history, or past building approvals. That remains your due diligence — building and pest inspections, council searches, and flood reports. A clean disclosure statement is not a clean bill of health.
The takeaway
Get the disclosure document reviewed before you sign, not after. A missing or materially inaccurate statement is one of the few things that can get you out of a contract with your deposit intact — but only if it is caught in time. See also what a title search shows and the five things to check on any contract.