Queensland has introduced a seller disclosure regime under the Property Law Act 2023, which changes what sellers must give buyers before a contract is signed. It is a positive step for transparency, but it does not replace your own due diligence, especially when it comes to foundation movement. Here is what buyers and sellers should understand.
What the disclosure regime does
Under the scheme, a seller must give the buyer a disclosure statement, together with prescribed certificates and documents, before the buyer signs the contract. The aim is to put key information about the property in front of buyers earlier, so there are fewer nasty surprises after contracts are exchanged.
Why it does not cover everything
Disclosure obligations have limits. A seller generally cannot disclose a problem they do not know about, and structural foundation movement can be subtle, slow and easy to misread or paper over. A disclosure statement is not a structural assessment. If a home has been patched cosmetically without addressing the underlying movement, that history may not be obvious from the documents alone.
For buyers
- Read the disclosure statement and attached documents carefully, and ask your solicitor to explain anything unclear.
- Look for any reference to past underpinning, restumping, resin injection, engineering reports or insurance claims.
- Do not rely on disclosure alone. Commission your own inspections, and a foundation-specific opinion if you see any signs of movement.
- Act while you still have room to negotiate or withdraw.
For sellers
If your home has had foundation work, well-documented, engineer-certified repairs are an asset at sale, not a liability. Completion forms and a Form 12 Inspection Certificate demonstrate the issue was resolved properly and give buyers confidence. This is one more reason to choose an engineered, certifiable solution rather than an undocumented quick fix.
Whether you are buying or selling, if foundation movement is in the picture, get it qualified with facts. Our complimentary Home Check-up is a straightforward first step, and you can also read our due diligence checklist for buyers.