The Changing Landscape for Queensland Agents

Real estate agents in Queensland have long taken the lead in preparing much of the documentation for residential property sales. But that long-standing practice is about to change — and fast.

With Queensland’s new seller disclosure regime commencing August 1, 2025, a key question has surfaced:
➡️ Who is legally allowed to prepare disclosure documentation?

The answer lies in Section 24A of the Legal Profession Act 2007 (Qld), which clearly states that preparing or completing prescribed legal forms — like the new Form 2 Seller Disclosure — is legal work, reserved for qualified solicitors

What the New Seller Disclosure Regime Means

Under the Property Law Regulation 2024, sellers must provide buyers with a Form 2 Seller Disclosure Statement before signing a contract.

This form includes essential information such as:

• Property title details

• Heritage listings or tree orders

• Prescribed certificates (e.g. title search, body corporate records)

It’s a major step toward transparency, but also increases the risk of errors. If a seller fails to disclose required information, the buyer can terminate the contract or seek compensation before settlement.

Why Agents Must Reconsider Their Role

Traditionally, agents have prepared most of the contract documents, sometimes even inserting special conditions. But this practice is no longer safe.

Because Form 2 disclosure documents are legally prescribed and directly affect property rights, preparing them is considered legal advice under Section 24A.

That means:

• ⚠️ Agents preparing these forms risk unauthorised legal practice.

• ⚖️ Only lawyers or supervised legal professionals can legally prepare or complete them.

• 🚫 Even “helping” with legal wording can lead to penalties under Section 24 of the Act.

The safest path? Agents should refer sellers to their solicitors for all disclosure and contract preparation tasks.

Why This Change Matters for Everyone

This isn’t just red tape. It’s about protecting both clients and professionals.

Preparing the Form 2 involves interpreting legal requirements, understanding implications, and ensuring accuracy. Mistakes — like failing to disclose a heritage restriction — could invalidate a sale.

That’s why the law reserves this task for qualified legal practitioners who understand the risks and can provide professional indemnity protection

Implications for Agents, Lawyers, and Clients

For the property industry:

• Agents should step back from legal document preparation and focus on marketing and negotiation.

• Sellers should engage a solicitor early to prepare Form 2 and the contract properly.

• Lawyers and conveyancers now play an even more critical role in ensuring compliance and reducing legal risk.

Violating these boundaries could lead to fines, injunctions, or disciplinary action for unauthorised legal work.

Moving Forward: Education and Compliance

As the 2025 changes take full effect, education and awareness will be key.

Legal professionals should stay up to date with the Property Law Regulation 2024, while real estate agents should revise their internal processes to ensure full compliance.

Section 24A isn’t a technicality — it’s a safeguard ensuring Queensland’s real estate transactions remain transparent and legally sound.

Final Thoughts

Queensland’s new seller disclosure regime marks a turning point in property law.
It reinforces the message that legal advice belongs with legal professionals — not agents.

If you’re an agent, buyer, or seller unsure about your obligations under the new regime, our experienced property lawyers at Venus Law Corp can help you navigate the changes confidently and compliantly.

📞 Contact Venus Law Corp today to ensure your next transaction meets every legal standard under Queensland’s new property laws.