In this blog/video, we discuss the GAPS in Queensland's new Seller Disclosure regime (Form 2) that are not being talked about.

We explore some of the most expensive risks that buyers face, and how buyers can protect themselves before it’s too late...

Prefer to watch/listen? Click here to consume this content via YouTube!

Hi everybody - George Sourris, Empire Legal.

Today's topic: The shocking gaps in Seller’s Disclosure Form 2 (what buyers won’t be told)

Queensland's property landscape changed on 01 August 2025. Every seller now needs to provide a seller's disclosure statement (Form 2) before a contract is signed.

This reform is designed to improve transparency and protect buyers. But here's the thing, Form 2 isn't a complete safety net. Some of the biggest risks that you could face as a buyer are not covered at all. Before you sign on the dotted line, here's some things that you won't find in a Form 2.

Let's break it down.

Number 1: flooding - hidden risk beneath the surface.

Queenslanders know more than anyone else in Australia that flooding is a very real concern. Yet Form 2 does not require sellers to disclose whether the property has ever officially been affected by flooding or is at risk of flooding in the future. Why? Great question. It's because the local councils do not have a uniform definition of what constitutes "flooding".

Therefore, without a definition, it's hard to create a statewide policy that applies to all local council areas. Therefore, the Form 2 expressly points buyers to local councils and government resources like Floodcheck Queensland and the Australian Flood Risk Information Portal.

The warning is crystal clear. It's the buyer's job to make inquiries. That means even if the property has been underwater before, you won't see it listed on a Form 2. If you don't check, you may only find out after settlement, when it's too late.

Number 2: building approvals. Council compliance is not guaranteed.

Many homeowners have extensions, decks, sheds, or renovations. Buyers often assume that if it exists, it must be approved. But the Form 2 makes it very clear. The seller does not warrant structural soundness, and the seller does not guarantee building or improvements have the required approvals. That means that a new carport could be unapproved, a renovated bathroom might not meet code. If council later issues a show cause or enforcement notice, it becomes your problem, not the sellers.

They've got their money and they've run off into the hills. To protect yourself, you need to: run council searches to check approvals, engage a licensed building and pest inspector and review reports before you commit or insert a special condition to protect your interests.

Unless you do your due diligence upfront, buyers risk inheriting expensive headaches. Often it's not even a thought until it's too late.

Number 3: asbestos - the silent hazard.

Asbestos remains one of the most dangerous materials found in Queensland homes. Yet under the Form 2, sellers do not have to confirm whether asbestos is present. The disclosure is blunt. Homes built before 1990 may contain asbestos. Asbestos containing materials were used until the early 2000's.

It becomes dangerous when damaged, disturbed, or deteriorates. Rather than disclose, the form simply points buyers to the government asbestos website. In other words, it's your responsibility to investigate. If you're buying a property built before the 2000's, arranging an asbestos inspection is highly recommended.

The cost of removing it safely can be significant, and it's not something you want to discover after moving in, unless of course you want to risk spending excessive money should you decide to renovate in the future and discovering the presence of asbestos. Ain't nobody got time for that. 

Why this matters for buyers and sellers.

Form 2 is a major step forward in improving disclosure, but the omissions mean it's not a full story.

For buyers - don't rely solely on the Form 2. The contract, searches and inspections are just as critical.

Missing something like a flood overlay, unapproved structure or asbestos can cost thousands and create long term stress.

For sellers - be aware the buyers will likely order searches and inspections anyway. It's almost always better to know that issues exist early, and disclose transparently, rather than expose yourself to unnecessary stress - i.e. risk disputes, termination, ambiguity later.

The Empire Legal approach.

At Empire Legal, we don't just tick boxes or press a button to produce a Form 2 using technology. We get our lawyers to uniquely draft every single Form 2 in detail, explain clearly what's included and what isn't.

Our service is more than the minimum requirements, in fact, it's the opposite. Our client leaves with knowledge and advice to give them the peace of mind that their property deal is protected. We are running the right searches to make sure you're not left with hidden surprises. And of course, overall protecting our clients.

Whether you are buying or selling, our team makes sure you go in with your eyes wide open. Ready to protect yourself under the new disclosure laws? Whether you're buying or selling contact Empire Legal today, and let us guide you through your property transactions with confidence.

Guys, please like, subscribe and share. We want the algorithm to find us so we can help more Queenslanders buying and selling property across the State. Thanks, we'll see you next week.

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Guys, that's it for this week. Hope you learned a thing or two. Please feel free to get in touch if you've got any questions. Empire Legal - happy to help. Queensland's trusted choice for conveyancing. Over 2,700 Google reviews with a five star average. There's not many firms out there that have that five star average. With that many reviews, guys, and not to mention over 12,000 deals settled. Thanks guys. We'll see you next week.

Finally, if you haven't heard, we've launched our podcast. It's called Raising the Bar, where we story tell excellence in Queensland property. Here is the link to listen. If you prefer to watch, here is the YouTube link.

Also, stay up to date with our miniseries on Seller's Disclosure.

Thanks guys. We'll see you next week!

If you know anyone that is involved in Queensland property, or is just genuinely curious - send them our page, send them our channel. It's all free content. We just want to help you be armed with the tools to make good decisions. Check out our website for more blogs. We've got over 100! 

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Thanks for reading everybody. See you on the next one.

Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Brisbane, Queensland, Australia.

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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.