Seller's Disclosure Obligations

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The seller disclosure regime under Part 7, Division 4 of the Property Law Act 2023 (Qld) is a mandatory statutory regime and, subject to the specific statutory exceptions in the Act, cannot be excluded or modified by contract.

The key provision is section 98 of the Property Law Act 2023, which provides:

"This division applies despite any agreement to the contrary."

The Property Law Act contains specific exemptions from the disclosure regime (for example, certain transfers between related parties, mortgagee sales, court-ordered sales, government acquisitions and other prescribed transactions). If an exemption applies, the seller is not required to provide Form 2. These are statutory exceptions, not contractual exclusions

The seller cannot contract out of the statutory disclosure obligations or the buyer's statutory remedies under Part 7, Division 4.

However, a seller may still include contractual provisions dealing with matters outside the statutory disclosure regime, for example:

• allocating responsibility for future repairs;

• excluding warranties not imposed by statute;

• requiring the buyer to rely on its own inspections and due diligence; or

• clarifying matters that are not required to be disclosed under Form 2.

  
  

Such clauses cannot override the mandatory statutory disclosure obligations or remove the buyer's statutory rights under the Property Law Act.