State by state: the document, the deadline, the remedy
Each row comes from that state’s own page. The lists of contents are the main items each page names, not the full legal requirement, which a solicitor or conveyancer works from.
| State | The document | When the buyer gets it | If it is missing or wrong |
|---|---|---|---|
| NSW | A contract of sale prepared by a lawyer or licensed conveyancer, with attached: the title search, registered plan and dealings, a drainage diagram, a section 10.7 zoning certificate and a statement of cooling-off rights. | The contract must exist before the property is advertised. | If a disclosure document is not attached, the buyer may be entitled to rescind within 14 days of exchange, unless settlement has happened. |
| VIC | A Section 32 statement, named after section 32 of the Sale of Land Act 1962: mortgages, covenants, easements, zoning, outgoings such as rates, and a declaration if the land is in a bushfire-prone area. | Before the buyer signs the contract. | If it is incorrect or insufficient, a buyer may be able to pull out of the sale or take legal action. |
| QLD | A seller disclosure statement (form 2) under the Property Law Act 2023, with prescribed certificates such as the title search and survey plan, a pool safety certificate if one applies, and a body corporate certificate for a lot in a community titles scheme. | Before the buyer signs; for an auction, before the fall of the hammer. | The buyer may be able to terminate at any time up to settlement, even if the failure was unintentional. |
| SA | A Form 1 vendor’s statement: the buyer’s cooling-off rights, title details, mortgages, easements, zoning and outgoings such as water rates. | Private treaty: at least 10 clear days before settlement. Auction: at the agent’s place of business for 3 business days before, and at the auction for 30 minutes before it starts. | A buyer might be able to withdraw or take legal action. A correction must be given as a notice of amendment, which gives the buyer a further 2 clear business days. |
| WA | No mandatory seller disclosure statement. For a strata titled lot: Form 28, Form 29, the strata plan and the by-laws. | Strata documents: before you sell. | Form 28 covers the buyer’s rights if they do not receive the information. |
| TAS | No requirement under the Property Agents and Land Transactions Act 2016 to disclose defects; vendor disclosure is an option in the standard form contract. | Not set by the Act. | Consumer Affairs Tasmania tells buyers to take a “buyer beware” position. |
| NT | A contract of sale of land on a form approved by the Registrar or the Law Society Northern Territory, for all property sales. | Two copies are signed and exchanged; the contract is not binding until then. | An agent must not prepare or finalise a contract on a form that is not approved. |
What the contract itself holds
Victoria’s page lists the contents of a contract of sale: details of the property; your name and the buyer’s; your estate agent’s name, if you use one; the legal practitioners or conveyancers on each side; the price; the deposit paid; the balance owing at settlement; and any special conditions, such as “subject to finance”. It must also say clearly whether the price includes or excludes GST.
A standard form in some states
In Western Australia an offer is usually made on the Offer and Acceptance form together with the Joint Form of General Conditions for the Sale of Land; together they make up the standard contract.
In Tasmania, a standard form contract published by the Law Society of Tasmania and the Real Estate Institute of Tasmania is used for most sales.
Who may change it
In NSW, a real estate agent cannot change any part of the contract; changes go through a solicitor or licensed conveyancer.
In Queensland, a counter-offer is made by altering the contract and signing it; both sides should initial every change, or the contract may become invalid.
Papers that ride along with the contract
- A pool, in NSW. One of these must be attached: a valid certificate of compliance; an occupation certificate issued in the past 3 years with evidence the pool is registered; or a valid certificate of non-compliance. None of these is needed for a lot in a strata or community scheme with more than 2 lots, or for an off-the-plan contract.
- An owners corporation, in Victoria. The Section 32 statement must include an owners corporation certificate and its accompanying documents.
- Material facts, in Victoria. A material fact is one that would matter to a buyer deciding whether to buy, or at what price. Knowingly hiding one from a potential buyer breaks the law, for residential, commercial and rural land alike.
- What Queensland leaves out. The disclosure statement does not need to cover the structural soundness of the building, its flooding history or previous building or development approvals.
- Seller’s checks, in Western Australia. Consumer Protection says sellers must ensure two safety switches (RCDs) are fitted, mains-powered smoke alarms are fitted in homes built before 1997, and pool fences comply with the building regulations before sale.
- Land tax, in Victoria. Since 1 January 2024 a seller must not pass land tax on to the buyer in the contract where the sale price is under the threshold amount, which is $10,700,000 for the year starting 1 January 2026 (as at October 2026).
- Land tax, in NSW. Outstanding land tax must be cleared before the property can be sold, and land tax obligations may need to be disclosed in the contract.
With an agent, the agent certifies that the statement is complete and accurate. Selling yourself, if the buyer has an agent, their agent certifies the Form 1 you provide; if neither of you has one, the seller is responsible for the statement being complete and accurate.