Vendor disclosure by state: NSW s 52A, Victoria s 32 and Queensland Form 2

NSW: Conveyancing Act 1919 s 52A and Reg 2022

Section 52A of the Conveyancing Act 1919 (NSW) mandates that vendors provide prescribed documents as attachments to the contract before a purchaser signs. This approach differs from states that utilise a combined vendor statement. The Conveyancing (Sale of Land) Regulation 2022 (NSW) details the specific documents required, such as a section 10.7 planning certificate, title search, sewerage diagram and confirmation of Crown land status.

Failure by a vendor to attach the required documents can provide the purchaser with the right to terminate the contract during the cooling-off period, which is typically five business days for residential sales. This right to rescind is a significant consequence of non-compliance.

Vendors must ensure the accuracy of the information contained within the attached documents. Providing false or misleading information may constitute ACL misleading and deceptive conduct (s18, s29).

Victoria: Sale of Land Act 1962 section 32

Section 32 of the Sale of Land Act 1962 (Vic) mandates that a vendor provide a signed ‘vendor’s statement’ (a section 32 statement) to a purchaser prior to contract signing. This statement serves as a key disclosure document, covering a range of matters relevant to the property. These include financial details such as rates, taxes, and owners corporation fees, alongside information relating to planning and zoning, easements, services connections, building permits issued within the last 7 years, and any relevant notices.

Failure to accurately, completely, or appropriately include required information in a section 32 statement can have significant consequences. A purchaser may be entitled to rescind the contract at any time before settlement due to inadequate disclosure. ACL consumer guarantees may also be relevant in certain circumstances.

Furthermore, vendors who knowingly or recklessly provide false information within a section 32 statement may be subject to penalties. Consumer Affairs Victoria provides guidance to assist vendors in understanding their obligations and ensuring the statement is comprehensive and up-to-date.

Queensland: Property Law Act 2023 and Form 2 (from 1 August 2025)

The *Property Law Act 2023* (Qld) introduces a mandatory seller disclosure regime, commencing 1 August 2025. This marks the first time Queensland has had such a regime, replacing the previous reliance on REIQ-form warnings. The legislation applies to contracts for the sale of existing freehold land entered into from this date, with certain exceptions, including transactions between related parties and contracts exceeding $10 million.

Sellers are required to provide a buyer with a Form 2 Seller Disclosure Statement alongside prescribed certificates before the buyer signs the contract. This disclosure aims to align Queensland’s practices with those already in place in New South Wales and Victoria. Unfair contract terms 2026 penalties may become relevant if disclosures are misleading.

Failure to provide compliant disclosure, or if the disclosure is materially inaccurate, grants the buyer the right to terminate the contract at any time before settlement.

Practical disclosure traps and remedies

Practical disclosure traps often arise from a failure to fully understand the scope of required information. Vendors may incorrectly assume disclosure covers all known defects, or that a general statement satisfies the need for specific details. This can be particularly problematic with off-the-plan sales, where additional requirements apply in both NSW and Victoria. Buyers should remember that vendor disclosure does not remove their responsibility to undertake independent investigations regarding structural and pest issues.

A common mistake is relying on oral representations instead of written disclosures. All three states mandate written and signed disclosures; oral statements are not legally sufficient. Failure to comply with this requirement can lead to significant legal repercussions, even if the contract includes a cooling-off period. The cooling-off rights in NSW and Queensland (5 business days) differ from Victoria’s (3 business days), and these periods do not shield vendors from liability for ACL misleading and deceptive conduct (s18, s29).

Remedies for inadequate or misleading disclosure can include contract rescission within the cooling-off period, or pursuing damages outside that timeframe. Even where a contract allows for rescission only during the cooling-off period, misleading disclosure can also constitute a breach of the ACL misleading and deceptive conduct (s18, s29). Vendors should seek legal advice to ensure compliance with the specific requirements of the relevant state.