5 things you need to disclose when selling your home

One of the questions we hear most from people selling their own home is what they’re actually required to tell buyers. It’s a fair thing to worry about. Get it wrong and a buyer may be able to pull out of the contract or take legal action, so it helps to know where the lines sit before you list. The old starting point for property was caveat emptor, or “let the buyer beware”: buyers inspect the place, ask their questions and take it as they find it. That still sets the tone in some states. But every state now puts some disclosure on the seller, mostly through the paperwork that goes with your contract, and misleading a buyer can unwind a sale anywhere. So, what are you obligated to disclose? In short, there are five things to get right, plus the formal document your state requires:

anything registered on your title, such as easements, covenants and leases, and how the land is zoned
building work you’ve done and the approvals for it
problems you know about (what you must volunteer depends on your state, but you can never hide or misrepresent them)
strata or owners corporation documents, if you’re selling a unit or townhouse
an asking price that doesn’t mislead buyers

Your state’s disclosure document, covered in the table below, is where most of this ends up, and a conveyancer or solicitor will usually prepare it for you.

Anything registered on your property title.

Buyers need to know about the things registered against your land, because they affect how the buyer can use it. Your conveyancer will order the searches, and the results go into your state’s disclosure document or contract. Typically that covers: Easements: a part of your land that someone else has the right to use for a specific purpose (such as a shared driveway or a drainage line), even though they don’t own it. Covenants that limit how the land can be used or built on. Leases, where a tenancy continues after settlement and the buyer takes it over. Zoning and planning controls. How the land is zoned and any planning overlays that affect it. In Victoria, for example, the Section 32 statement must include a declaration if the property is in a bushfire-prone area, according to Consumer Affairs Victoria.

Building work and approvals.

If you’ve renovated, extended or built, have the building permits or approvals and any final inspection certificates ready to hand over. Buyers’ conveyancers ask for them, and unapproved work is one of the more common reasons a sale wobbles late in the piece. In Victoria, if you did the work as an owner-builder and you sell within six years and six months of finishing it, you must give the buyer a defects inspection report (no more than six months old) from a registered building practitioner, and take out domestic building insurance for work over $16,000. Consumer Affairs Victoria explains the owner-builder rules. And if a neighbour has applied for permits for work on fencing, trees or buildings that affects your property, tell the buyer whether you gave or withheld consent. That way they know exactly where they stand if a dispute comes up later.

Problems you know about.

Do you have to disclose defects like a leaking roof, damp or termite damage? It depends on your state, and it isn’t the blanket “yes” you’ll sometimes read online.

NSW: the NSW Government’s guidance for sellers says you must disclose any known issues with the property, such as defects or encumbrances.
Tasmania: Consumer Affairs Tasmania says there is no requirement under the Act to disclose defects in the quality of the property for sale, and tells buyers to take a “buyer beware” approach.
ACT: a building and compliance inspection report (and a pest inspection report, if the home has been lived in) has to be available to buyers from the moment the home is offered for sale, so its condition is on the table from day one.

Wherever you are, the safe approach is the same: never cover up a problem, and never answer a buyer’s question untruthfully. Painting over a damp patch, or brushing off a question about a cracked wall you know about, is the kind of thing that can give a buyer grounds to pull out or seek compensation. South Australia’s government guidance puts it plainly: you must not cover up, misrepresent or mislead a buyer about the true nature of your property. Plenty of sellers choose to fix the bigger problems before listing. Others price the issue in and tell buyers up front. Either approach works.

From our support desk

Does selling “as is” change what you have to disclose?

Sellers who’d rather not do repairs ask us what “as is” covers. It means the buyer accepts the property in its current condition, so you’re not agreeing to fix anything before settlement. It doesn’t switch off the disclosure documents your state requires. In NSW, the contract with its disclosure documents attached still has to be prepared before you advertise. In Victoria, the buyer still needs your Section 32 vendor statement before they sign, and in Queensland your Seller Disclosure Statement still has to reach the buyer before they sign.

It also isn’t a licence to mislead, so if a buyer asks about a problem you know about, answer truthfully. Your conveyancer or solicitor can word an “as is” clause for your contract.

Drawn from the questions owners bring to PropertyNow’s support team, 7 days a week.

Units, townhouses and off-the-plan sales.

Selling a unit or townhouse in a strata, body corporate or owners corporation scheme adds more paperwork. In Victoria, the Section 32 must include an owners corporation certificate. In Queensland, the body corporate details and certificate go in with your Seller Disclosure Statement. In Western Australia, you must give the buyer Forms 28 and 29, a copy of the strata plan and the by-laws before you sell (Consumer Protection WA). Start early, because owners corporation and body corporate certificates can take a while to arrive. Off-the-plan contracts come with extra rules again, so if that’s what you’re selling, use a solicitor who handles them regularly.

An accurate asking price.

Your advertising mustn’t mislead buyers, and that includes the price. Don’t advertise a figure below what you’d realistically accept just to pull a crowd. And if strong interest prompts you to raise your price mid-campaign, update every ad and listing so they all match. Our guide to price advertising, underquoting and bait pricing covers the rules in more detail.

The formal disclosure document your state requires.

On top of everything above, most states require a specific disclosure document, and in some you can’t advertise the property or let a buyer sign without it. This is where private sellers most often come unstuck, so check your state before you list.

State	What you need
NSW	A contract of sale, prepared by a lawyer or licensed conveyancer with the prescribed documents attached, must be ready before you advertise. Advertising without one is an offence under section 66R of the Conveyancing Act 1919. Include a swimming pool compliance certificate if one applies.
Victoria	A Section 32 vendor statement under the Sale of Land Act 1962, signed and given to the buyer before they sign the contract. It covers title, zoning and outgoings, and includes a bushfire-prone area declaration where relevant.
Queensland	A Seller Disclosure Statement (Form 2), mandatory since 1 August 2025 under the Property Law Act 2023, given to the buyer before they sign. Conveyancing must be done by a solicitor.
South Australia	A Form 1 vendor’s statement. It sets out the buyer’s cooling-off rights, and cooling-off starts when the contract is signed or the Form 1 is given, whichever comes last. In a private treaty sale it must reach the buyer at least 10 clear days before settlement. Selling without an agent, you’re responsible for making sure it’s complete and accurate.
ACT	From the moment you offer the home for sale, and the whole time it’s on the market, the draft contract and its “required documents” must be available for buyers to inspect. For a house these include a building and compliance inspection report from within three months before advertising, a pest inspection report if the home has been lived in, any energy efficiency rating statement and asbestos information (Civil Law (Sale of Residential Property) Act 2003). Conveyancing must be done by a solicitor.
Western Australia	WA has no general vendor disclosure statement for a freehold home; your settlement agent or solicitor prepares the offer and acceptance contract. For a strata lot, the buyer must receive Forms 28 and 29, the strata plan and the by-laws before the sale.
Tasmania	No requirement under the Act to disclose defects in the quality of the property, according to Consumer Affairs Tasmania. Vendor disclosure is an option in the standard residential contract.
Northern Territory	The NT Government’s contract of sale guidance doesn’t list a separate vendor disclosure statement. Your conveyancer or solicitor will confirm what your contract needs.

One common mix-up: a Section 32 is a Victorian document. It isn’t used in the other states, so if you’re selling elsewhere, don’t go looking for one.

Get the paperwork right and be upfront.

If you want to avoid trouble down the track, be upfront. You can fix problems before your property goes on the market, or tell buyers about them and let them factor the work into their offer. Both are fine. Not everything needs a confession, either: neighbour niggles, for instance, are something we cover in our guide to selling with the neighbours from hell. For most private sellers, the simplest path is to have a conveyancer or solicitor prepare your contract before you list. They’ll order the searches, prepare your state’s disclosure document and flag anything unusual, so you can get on with showing off your home knowing the legal side is sorted.

Get the contract sorted before you list

Our contract preparation add-on is handled by a conveyancer or solicitor in your state, so the disclosure documents are drawn up properly from the start.

See the add-ons

Frequently asked questions

Do you have to disclose defects when selling a house in Australia?

It depends on the state. NSW Government guidance says sellers must disclose known issues such as defects. Consumer Affairs Tasmania says there’s no requirement under the Act to disclose defects in the quality of a property. In the ACT, a building and compliance inspection report has to be available from the moment the home is offered for sale. Whatever state you’re in, covering up a problem or misleading a buyer can give them grounds to withdraw or take legal action, so answer questions truthfully.

What happens if a seller doesn’t disclose something they should have?

If a required document is missing or wrong, or a buyer was misled, the buyer may be able to withdraw from the sale or take legal action. If you realise something is missing after a buyer has signed, talk to your conveyancer or solicitor straight away.

Do I need a Section 32 if I’m not selling in Victoria?

No. The Section 32 vendor statement is Victorian only. Queensland uses a Seller Disclosure Statement, South Australia a Form 1, and in NSW the disclosure documents are attached to the contract of sale.

Can I sell “as is” to avoid disclosing problems?

No. Selling “as is” means you’re not agreeing to fix anything, but you still need your state’s disclosure documents, and you still can’t mislead a buyer about a problem you know about.