Vendor disclosure when selling a home, by state

State by state

New South Wales

NSW says the contract must include a property certificate (title search), registered plan and recorded dealings such as easements; a drainage diagram; a current zoning certificate (section 10.7) from the local council; and a statement of the buyer’s cooling-off rights in the prescribed form. A property with a swimming or spa pool needs one of three pool certificates unless an exemption applies. If disclosure documents are missing, the buyer may withdraw within 14 days of exchange, but not once settlement has occurred. Sellers should also disclose known defects or encumbrances.

Victoria

The section 32 statement covers the property’s title, mortgages, covenants, easements, zoning and outgoings such as rates, plus a declaration if the property is in a bushfire-prone area. For a lot in an owners corporation the seller must attach an owners corporation certificate and related documents. It does not cover the condition of the buildings. It must be given before the purchaser signs, it must be factually accurate and complete, and “a contract is not binding on a buyer if a section 32 is not provided or is incomplete or inaccurate”. The seller’s disclosure duty cannot be removed by a contract term.

Reform not yet in force. The Consumer Legislation Amendment Act 2026 (Act 36/2026, Royal Assent 8 September 2026) changes when the statement must be available. The bill text says the vendor must make it available from a “sale availability time”: 14 days before the first auction or fixed date, 14 days after first advertising for other advertised sales, or before the buyer signs in other cases. Any changes must be notified in writing before signing. The text says these sections start on a day to be proclaimed, and if not proclaimed earlier on 1 June 2027. Contracts signed within 28 days after the start are not caught. Until then, the “before the purchaser signs” rule applies. Check the authorised Act.

Queensland

Since 1 August 2025 under the Property Law Act 2023, a seller must give the buyer a seller disclosure statement (Form 2) and the prescribed certificates before the buyer signs. The Form 2 covers seller and property details, title and encumbrances, land use and planning, and buildings and structures. Certificates may include a title search, various notices, a pool safety certificate and, for community titles, a body corporate certificate. At an auction, they must be given or made available before the fall of the hammer. A buyer may terminate “at any time up to settlement” if documents are not given, even unintentionally. For inaccurate or incomplete information the buyer must show it was material, that they were unaware of it, and that they would not have signed had they known. Disclosure does not cover structural soundness, flooding history or previous building approvals.

Western Australia

Consumer Protection WA states: “In WA, there is no mandatory seller disclosure statement.” The agent must disclose relevant facts about the property, especially if asked. Sellers must also meet some safety requirements before sale, such as pool enclosures, safety switches and smoke alarms. For a strata lot, the seller must give the buyer a pre-contractual disclosure statement before the buyer signs; if the information is late or missing the buyer can delay settlement by 15 days and, if prejudiced, may avoid the contract. There is no mandatory cooling-off period.

South Australia

The vendor must serve a Form 1 statement. The SA Law Handbook (last revised 2021) says it must be served on the purchaser personally or by registered post, and at least 10 days before settlement; failing to serve it, or serving an incomplete or incorrect one, is an offence with a fine of up to $10,000. A defective Form 1 does not start the cooling-off period (two clear business days), and the purchaser may rescind at any time until settlement. There is no cooling-off period at auction. Check the current regulations: the handbook predates the 2025 regulations it cites.

Australian Capital Territory

Under the Civil Law (Sale of Residential Property) Act 2003 (effective 1 November 2025), the “required documents” include a copy of the proposed contract, the Crown lease, a current certified extract from the land titles register, the deposited plan, encumbrances, and, for each residence, building conveyancing inquiry documents, an energy efficiency rating statement, a building and compliance inspection report from within three months before the property was first advertised, and, if occupied, a pest inspection report. Asbestos and regulated swimming pool documents may also be required. A seller who does not give the energy rating statement before contract is liable to pay the buyer 0.5% of the purchase price. Cooling-off ends at 5 pm on the 5th working day, with none at auction or tender.

Northern Territory and Tasmania

NT. The Law of Property Act 2000 (as in force 2 January 2024) says a contract for the sale of land must be in writing, and a purchaser of registered land is entitled, at the vendor’s cost, to particulars of title and a true copy of a caveated instrument. We did not read an NT statutory disclosure statement; ask the NT Government or a conveyancer.

Tasmania. The Conveyancing and Law of Property Act 1884 does not impose a pre-contract disclosure statement in the parts we read. We could not confirm any other vendor disclosure rule from an official source. Ask Consumer, Building and Occupational Services or a conveyancer.

Which professional to consult

A conveyancer or solicitor prepares the contract and disclosure documents for the seller and reviews them for the buyer (conveyancers). Buyers can read the contract of sale guide and cooling-off guide.