Vendor Disclosure Across Australian States. What Sellers Must Tell Buyers

Every Australian state requires the seller of a property to give the buyer information about the property before contract. The document is called by different names in different states. Its contents vary. The penalties for non-compliance vary. And the consequences of getting it wrong (for both vendor and buyer) sit at the heart of any contract dispute.

This article sets out the vendor disclosure regime in each Australian state and territory, with a side-by-side comparison table. It is process-focused. Vendors and buyers acting on a specific contract should obtain legal advice on their state's current requirements.

What Vendor Disclosure Does

Vendor disclosure documents serve three functions.

The first is information. Buyers need to know the title position, the planning controls, the building history, any notices from authorities and any encumbrances on the property before they sign a contract. Disclosure puts that information in one document.

The second is contract leverage. Where the disclosure is missing, incomplete or materially misleading, the buyer in most states has a right to rescind the contract (typically before settlement) without penalty. This is a significant protection.

The third is dispute prevention. A complete disclosure document, read and acknowledged by the buyer, reduces the scope for post-settlement disputes. Buyers cannot later claim ignorance of facts that were properly disclosed.

State-by-State Vendor Disclosure

The table below summarises the position in each Australian state and territory for residential property. Commercial property has its own variations.

State	Key disclosure document	Key required contents	Penalty for non-compliance
NSW	Contract for the Sale and Purchase of Land 2022 (or current edition) with required annexures attached. No separate "vendor statement" but a vendor must attach prescribed documents to the contract.	Title search, deposited or strata plan, zoning certificate (Section 10.7 certificate under the Environmental Planning and Assessment Act), sewerage diagram, drainage diagram, restrictive covenants. Strata properties also require strata schedule and bylaws. Property tax notices for foreign owner duty surcharge where applicable.	Buyer may rescind within 14 days of exchange if prescribed documents not attached, subject to specific exceptions.
VIC	Section 32 Vendor Statement under the Sale of Land Act 1962.	Title particulars, mortgages and charges, restrictions and easements, planning information (planning certificate), rate notices, owners corporation information (for strata), services connected, declarations on building work in last 7 years, growth areas infrastructure contribution, road access, notices and orders, energy efficiency rating where applicable.	Buyer may rescind any time before settlement if Section 32 is not provided or is materially deficient.
QLD	No standalone vendor statement. Contract uses the REIQ standard form with disclosure provisions and the Property Law Act 2023 disclosure regime (commenced 2025).	Vendor disclosure statement (under Property Law Act 2023) covering title, encumbrances, statutory charges, certain planning information, body corporate information for strata and certain statutory notices. Pool safety certificate or notice of no certificate.	Buyer may terminate before settlement if disclosure statement is not given or is materially inaccurate. Specific time limits apply.
WA	No standalone vendor statement at state level. WA uses the REIWA Contract for Sale of Land or Strata Title By Offer and Acceptance, with disclosure obligations sitting in the contract terms and the Property Law Act.	Title, encumbrances, strata information where applicable (under Strata Titles Act 1985 disclosure obligations), and certain statutory disclosures (e.g. pool fencing compliance, R-code zoning information where required by contract).	Misrepresentation remedies under contract law and Australian Consumer Law. No standalone statutory rescission right equivalent to VIC.
SA	Form 1 Vendor's Statement under the Land and Business (Sale and Conveyancing) Act 1994.	Title, encumbrances, planning information, statutory charges, building notices and orders, easements, services, land use information, owners corporation information for strata. Required to be served on the buyer before contract or before the cooling-off period begins.	Two business day cooling-off period runs from receipt of Form 1. Buyer may rescind for non-disclosure of required matters.
TAS	No separate statutory vendor statement. Contract uses the standard Tasmanian Real Estate Institute (REIT) form with disclosure provisions. The Sale of Land Act and Property Agents and Land Transactions Act govern.	Title, encumbrances, easements, and certain statutory disclosures including any notices from council. Strata properties require strata information.	Buyer remedies sit in contract law and consumer protection legislation. No statutory rescission right equivalent to VIC. Tasmania notably has no cooling-off period.
ACT	Required documents under the Civil Law (Sale of Residential Property) Act 2003. Often packaged as a "section 9" pre-contract disclosure pack.	Title, Crown lease document (ACT is a leasehold jurisdiction), planning information, building approval and certificate of occupancy and use, energy efficiency rating, body corporate information for unit titles, building inspection report (mandatory for separate houses sold by private treaty).	Buyer may rescind if required documents not provided. ACT also requires the vendor to commission a building inspection report and a pest inspection for stand-alone houses.
NT	No standalone statutory vendor statement. Contract uses the standard Real Estate Institute of the Northern Territory (REINT) form with disclosure provisions under the Law of Property Act.	Title, encumbrances and certain statutory disclosures. Strata information for unit titles.	Buyer remedies sit in contract law and consumer protection legislation. No statutory rescission right equivalent to VIC.

What Disclosure Looks Like in Practice

The two extreme ends of the spectrum are Victoria and the Northern Territory.

Victoria's Section 32 is the most comprehensive standalone vendor statement in Australia. A complete Section 32 for a suburban Melbourne property runs to 50 to 100 pages including the attached planning certificate, owners corporation certificate (if strata), title search, rates notices and other prescribed materials. The penalty for materially deficient disclosure is rescission, which is a powerful buyer protection.

The Northern Territory's contract-based approach relies on the buyer's solicitor doing the searches and the contract carrying standard disclosure provisions. There is no single statutory document the vendor must produce. This is the lightest disclosure regime in the country.

NSW, SA and the ACT sit closer to the Victorian end. WA, TAS and the NT sit closer to the contract-based end. QLD has been moving toward a more structured disclosure regime under the Property Law Act 2023, with the new disclosure statement obligations commencing in 2025.

What Vendors Must Do Right

For a vendor in any state, three points apply universally.

Use a property solicitor or conveyancer. Vendor disclosure documents have specific drafting requirements and missing items can give the buyer rescission rights. This is not a DIY exercise.

Provide disclosure documents on time. In states with a defined cooling-off or rescission window tied to receipt of disclosure (VIC, SA), the timing of when the document is served matters as much as its contents.

Update disclosure during the campaign. Where new information emerges during the marketing period (a council notice, a change to planning controls, a change to body corporate levies), the vendor should update the disclosure pack. A buyer who signs based on a stale disclosure can later argue rescission rights.

What Buyers Should Look For

Buyers (and buyers agents acting for them) work through the vendor disclosure document on a property they are considering. The diligence sweep covers:

• Title. Is the title clear? Are there encumbrances? Are the easements and covenants acceptable?
• Planning. Is the zoning consistent with the buyer's intended use? Are there overlays that restrict what can be built?
• Building work. Has work in the last 7 years (the VIC threshold; similar elsewhere) been done with approvals and certified?
• Notices and orders. Are there any outstanding council orders requiring work to be done?
• Services. Are water, sewer, power and gas connected? Are there any outstanding utility issues?
• Strata or body corporate. What are the levies? What is the sinking fund balance? Are there any current disputes or special levies?
• Rates and taxes. Are rates up to date? Any land tax issues?

Where any of these surface a material issue, the buyer's conveyancer raises it before the buyer commits to the contract.

How Disclosure Interacts With Off-the-Plan

For off-the-plan stock, disclosure is more nuanced because the property does not yet exist. Vendor disclosure typically covers the proposed title, the draft plan, the disclosure plan, the proposed body corporate or owners corporation rules and the schedule of finishes. The disclosure regime works around the construction phase by referring to documents that will become final at title registration.

VIC's Section 32 has specific requirements for off-the-plan contracts. Other states adapt their general disclosure requirements to the off-the-plan context. See article 54 for the off-the-plan process pillar.

What Happens When Disclosure Is Wrong

The consequences of vendor disclosure error are state-specific but generally fall into three categories.

Rescission by the buyer. In states with statutory rescission rights for non-disclosure (VIC, NSW within the 14-day window, SA, ACT, QLD post-2025), the buyer can typically rescind without penalty and receive the deposit back.

Damages. Where the buyer has completed the contract and only later discovers a misrepresentation, damages may be available under the Australian Consumer Law (misleading and deceptive conduct) or under contract law (breach of warranty).

Professional consequences. Vendors' solicitors and conveyancers carry professional indemnity insurance for negligent disclosure work. Real estate agents have their own professional obligations under state property agency law.

Why Disclosure Matters for Distribution Sellers

Vendors using the AgentBridge distribution model sell into a national buyer pool. Buyers may come from any state, and the buyers agents on the panel work to their clients' specific requirements. A complete and accurate vendor disclosure is the foundation that allows a buyers agent to confidently bring a client to a property without the risk of post-contract surprises.

AgentBridge's standard engagement includes preparation of a professional property brief that summarises the property's features alongside the formal vendor disclosure prepared by the vendor's conveyancer. The brief and the disclosure work together: the brief is the marketing document, the disclosure is the contractual document.

FAQ

Is Section 32 the same as a vendor statement?

In Victoria, yes. "Section 32" refers to Section 32 of the Sale of Land Act 1962 which sets out the vendor's statement requirements. The terms are used interchangeably in VIC.

Does the seller have to provide disclosure before contract or after?

Disclosure must be provided to the buyer before the buyer signs the contract (or at the same time as contract exchange in some formats). The buyer is entitled to read and consider the disclosure before committing.

Who prepares the vendor disclosure document?

The vendor's solicitor or conveyancer prepares the document. Some real estate agents prepare draft Section 32s in VIC where they have qualified staff, but the legal responsibility remains with the vendor and the document is usually finalised by the vendor's conveyancer.

Can a buyer waive their right to disclosure?

Generally no. The disclosure requirements are statutory and cannot be contracted out of for residential sales. A buyer can waive specific cooling-off rights in some states but the underlying disclosure obligations remain.

How long does the vendor disclosure take to prepare?

A standard residential vendor statement takes 2 to 4 weeks once the conveyancer is engaged. Strata properties take longer because the owners corporation certificate has a statutory production timeframe. Plan the disclosure timing into the campaign.

Related Resources

• How to Buy Property in New South Wales. The Full Process for 2026
• How to Buy Property in Victoria. The Full Process for 2026
• How to Buy Property in Queensland. The Full Process for 2026
• How to Buy Property in Western Australia. The Full Process for 2026
• How to Buy Property in South Australia. The Full Process for 2026
• How to Buy Property in Tasmania. The Full Process for 2026
• How to Buy Property in the Australian Capital Territory. The Full Process for 2026
• How to Buy Property in the Northern Territory. The Full Process for 2026
• The Property Distribution Model. A New Way for Developers to Reach Qualified Buyers

About AgentBridge

AgentBridge is a property distribution business connecting developers and sellers with a national network of 80+ buyers agents across every Australian state. Vendors preparing a property for distribution should engage a property solicitor or conveyancer to prepare the relevant vendor disclosure document. AgentBridge does not provide legal advice and does not prepare disclosure documents.

To request a confidential project assessment, speak to AgentBridge about your project.

Last reviewed: 22 May 2026.