QLDIn ForceAct
Property Law Act 2023
sec.99Seller must give buyer disclosure documents
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### sec.99 Seller must give buyer disclosure documents
Before a contract for the sale of a lot is signed by the buyer, the seller must give the buyer—
a statement (a disclosure statement ) for the lot; and
each document prescribed by regulation (each a prescribed certificate ) applicable to the lot.
See section 97 in relation to acting by an agent.
The disclosure statement must—
be in the approved form; and
include the information prescribed by regulation; and
be completed with the information that is true at the time the statement is given to the buyer; and
be signed by the seller.
The approved form must contain, in appropriate places on the form, the warnings and other statements prescribed by regulation.
A prescribed certificate may be a document that is required to be given to the buyer under another Act.
a document relating to the lot issued under another Act
a document in which the seller of the lot certifies a stated thing has been done under another Act in relation to the lot
a document containing information about the lot in a register kept under another Act
For a contract under which there are 2 or more sellers of a lot, a reference in subsection (1) to the seller of a lot giving a disclosure statement or prescribed certificate is a reference to any of the sellers giving the statement or certificate.
For a contract under which there are 2 or more buyers of a lot—
a reference in subsection (1) to the seller of a lot giving a disclosure statement or prescribed certificate to a buyer of the lot is a reference to giving the statement or certificate to any of the buyers; and
a reference in subsection (1) to the time the buyer of the lot signed the contract is a reference to the time the first buyer signed the contract.
To remove any doubt, it is declared that a disclosure statement may be an electronic document and may be electronically signed.
(sec.99-ssec.1) Before a contract for the sale of a lot is signed by the buyer, the seller must give the buyer— a statement (a disclosure statement ) for the lot; and each document prescribed by regulation (each a prescribed certificate ) applicable to the lot. See section 97 in relation to acting by an agent.
(sec.99-ssec.2) The disclosure statement must— be in the approved form; and include the information prescribed by regulation; and be completed with the information that is true at the time the statement is given to the buyer; and be signed by the seller.
(sec.99-ssec.3) The approved form must contain, in appropriate places on the form, the warnings and other statements prescribed by regulation.
(sec.99-ssec.4) A prescribed certificate may be a document that is required to be given to the buyer under another Act. a document relating to the lot issued under another Act a document in which the seller of the lot certifies a stated thing has been done under another Act in relation to the lot a document containing information about the lot in a register kept under another Act
(sec.99-ssec.5) For a contract under which there are 2 or more sellers of a lot, a reference in subsection (1) to the seller of a lot giving a disclosure statement or prescribed certificate is a reference to any of the sellers giving the statement or certificate.
(sec.99-ssec.6) For a contract under which there are 2 or more buyers of a lot— a reference in subsection (1) to the seller of a lot giving a disclosure statement or prescribed certificate to a buyer of the lot is a reference to giving the statement or certificate to any of the buyers; and a reference in subsection (1) to the time the buyer of the lot signed the contract is a reference to the time the first buyer signed the contract.
(sec.99-ssec.7) To remove any doubt, it is declared that a disclosure statement may be an electronic document and may be electronically signed.
- (a) a statement (a disclosure statement ) for the lot; and
- (b) each document prescribed by regulation (each a prescribed certificate ) applicable to the lot.
- (a) be in the approved form; and
- (b) include the information prescribed by regulation; and
- (c) be completed with the information that is true at the time the statement is given to the buyer; and
- (d) be signed by the seller.
- 1 a document relating to the lot issued under another Act
- 2 a document in which the seller of the lot certifies a stated thing has been done under another Act in relation to the lot
- 3 a document containing information about the lot in a register kept under another Act
- (a) a reference in subsection (1) to the seller of a lot giving a disclosure statement or prescribed certificate to a buyer of the lot is a reference to giving the statement or certificate to any of the buyers; and
- (b) a reference in subsection (1) to the time the buyer of the lot signed the contract is a reference to the time the first buyer signed the contract.