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What do I need to disclosure in Queensland?

In all contracts you will need to disclose the correct property details for the property you are selling. This will include the property address, lot and plan details, property area, current use of the property and any body corporate details. You will also need to disclose any tenancies in the property that will remain after settlement, any encumbrances on the land such as easements or covenants, whether you have a pool and whether that pool has a safety certificate, and whether there are currently any disputes in relation to trees and fencing on the property. As you complete the standard REIQ or ADL form contracts in Queensland, it will take you through these standard disclosure matters so you will just need to make sure you complete the relevant sections with accurate information. 

Any body corporate properties sold in Queensland will also require a disclosure statement to be attached to the contract detailing the details of the body corporate manager/secretary, current levies, interest entitlements, insurance details and any matters that a buyer should know before they buy. You will also need to make sure any special levies, matters in relation to the activity of the body corporate such as if they are being sued, any body corporate defects and minutes of upcoming meetings are disclosed in the contract as well. You can get the body corporate secretary to provide an appropriate disclosure statement for the property for requesting this from them when you are ready to prepare a contract. Body corporates will generally charge you for the statement, however the information they provide should be all you need for the contract. It is important that the information in the statement is correct when you sign the contract, so you should not request the statement earlier than you need it. 

You also have other disclosure requirements under the standard terms of the contract, or at law, which you will need to disclose as well. These will include whether the property is on contaminated land, if you have done work on the property as an owner builder, if the property has been involved as part of any court proceedings, if the property is effected by mining tenures, if council have any intentions in relation to the property, if the property is heritage listed, if there property has a right under a water licence or allocation, if the property is subject to any plans of development, if there has been any changes to the area of the property or if the property is subject to any current notices to complete issued by council. If you know any of these matters apply to you, or if you feel like there are other matters that may need to be disclosed in a contract, then you will need to contact a conveyancing lawyer to help you properly disclose those matters in the contract.

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