By state · 8 states and territories

What the seller must disclose, by state

Whether a seller must give the buyer a disclosure statement before signing, what it is called and what it contains, in each state and territory.

In short

Whether a seller must give the buyer a disclosure statement before signing, what it is called and what it contains, in each state and territory. Statement required: 5 of 8 states and territories (New South Wales, Victoria, Queensland, South Australia and Australian Capital Territory).

State by state

New South Wales

In New South Wales, the seller must attach disclosure documents to the contract before exchange, such as a title search, drainage diagram and zoning certificate. If they are missing the buyer may withdraw within 14 days of exchange, unless settlement has occurred.

Victoria

In Victoria, the seller must give the buyer a section 32 vendor's statement before the buyer signs. A contract is not binding on the buyer if it is missing, incomplete or inaccurate.

Queensland

In Queensland, since 1 August 2025 the seller must give a Form 2 disclosure statement and prescribed certificates before the buyer signs. The buyer may terminate up to settlement if documents are not given.

Western Australia

In Western Australia there is no mandatory seller disclosure statement for ordinary homes, though the agent must disclose relevant facts. For a strata lot, the seller must give a pre-contractual disclosure statement before the buyer signs.

South Australia

In South Australia, the vendor must serve a Form 1 statement at least 10 days before settlement, with a fine of up to $10,000 for failing to serve a correct one. A defective Form 1 does not start cooling-off and the buyer may rescind until settlement.

Tasmania

For Tasmania, the Conveyancing and Law of Property Act 1884 imposes no pre-contract disclosure statement in the parts the guide read, and no other vendor disclosure rule could be confirmed.

Australian Capital Territory

In the ACT, the seller must give the buyer a set of required documents before the contract, including an energy efficiency rating statement. A seller who omits the statement is liable to pay the buyer 0.5% of the price.

Northern Territory

In the Northern Territory, the Law of Property Act 2000 entitles a purchaser of registered land to particulars of title at the vendor's cost, but the guide did not find a statutory disclosure statement.

The table

State or territoryStatement requiredDocumentMain contents
New South WalesYesContract with attached documentsproperty certificate (title search), registered plan and recorded dealings, drainage diagram, section 10.7 zoning certificate, statement of cooling-off rights, pool certificate where applicable
VictoriaYesSection 32 vendor's statementtitle, mortgages, covenants, easements, zoning, outgoings, bushfire-prone declaration, owners corporation certificate for lots; not the condition of buildings
QueenslandYesForm 2 seller disclosure statementseller and property details, title and encumbrances, land use and planning, buildings and structures; prescribed certificates (title search, notices, pool safety, body corporate)
Western AustraliaPartlyNone mandatory (strata lots: pre-contractual disclosure statement)—
South AustraliaYesForm 1 vendor's statement—
TasmaniaNot stated——
Australian Capital TerritoryYesRequired documents under the Civil Law (Sale of Residential Property) Act 2003proposed contract, Crown lease, certified land titles extract, deposited plan, encumbrances, building conveyancing inquiry documents, energy efficiency rating statement, building and compliance inspection report, pest inspection report if occupied
Northern TerritoryNot statedParticulars of title under the Law of Property Act 2000—

“—” means the guide does not state it. Download the data: vendor-disclosure.json (CC BY 4.0, cite Payotte with a link).

  • Victoria: A reform on timing is passed but not yet in force (latest start 1 June 2027).
  • Western Australia: Contents not listed in the guide.
  • South Australia: Contents of the Form 1 not described in the guide; source predates the 2025 regulations.
  • Tasmania: Not confirmed from an official source; ask CBOS or a conveyancer.
  • Northern Territory: No NT disclosure statement read; ask the NT Government or a conveyancer.

Other tables by state

Sources

All tables · Payotte Australia