Understanding fee disclosure requirements: Seller’s disclosure

From 1 August 2025, Queensland’s real estate landscape will change significantly with the introduction of the new seller disclosure regime under the Property Law Act 2023.

Under this statutory framework, seller’s will be required to provide buyers with a Form 2 Seller Disclosure Statement (Form 2) and all prescribed certificates before a contract is signed. Read more about the regime here.

Agents are permitted to prepare the Form 2 on behalf of the seller, provided they are properly authorised and instructed in writing. However, they must not provide legal advice/services or interpret search results.

If the agent is incurring expenses and charging the client fees for services related to the preparation of the Form 2, the fees and expenses must be disclosed in Part 8 of the PO Form 6 or PO Form 6A.

Fee Disclosure in the PO Form 6/6A

Under the Property Occupations Act 2014 (Qld) (“PO Act”), real estate agents must be validly appointed using the approved PO Form 6 or PO Form 6A before providing services to a client.

Section 104 of the PO Act outlines the mandatory content of this appointment, with Part 8 of the PO Form 6 specifically addressing fees, charges, and expenses associated with the agent’s services.  In accordance with section 104(1)(c) of the PO Act, the types of fees and expenses that must be disclosed in Part 8 of the PO Form 6 include:

• Costs of Searches Instructed by the Client
If the client instructs the agent to undertake property-related searches (as set out in the Search Authority), the agent must disclose these costs in Part 8.  

• Agent’s Service Fee for Preparing the Form 2
The agent may charge a service fee for preparing the Form 2 (Disclosure Statement) required under the PO Act. This fee must be clearly stated in Part 8, including the amount and when it becomes payable. 

• Third-Party Fees for Preparing the Form 2
If the agent engages a third party (e.g., a legal professional or consultant) to assist in preparing the Form 2, any associated fees must also be disclosed. 

How do you know what the Total Search Fee will be?

Agents should pre-complete the Search Authority with the information relating to the relevant searches depending on what search tool is being used and the relevant fees/return times based on their local government area.For agents using the Securexchange Seller Disclosure Tool via Realworks, this information will be available upon the launch of the tool.

During the appointment process, agents can provide the Disclosure Instructions and Search Authority to the client to complete while the PO Form 6/6A is in draft. Agents can use the InfoRequest tool in Realworks to complete this electronically.

The client can then complete the questionnaire, and if any searches are required, the agent will be able to see this in the questionnaire.

Upon completion of the Search Authority, the agent will be able to calculate the total cost of the searches that the client has authorised the agent to undertake in the Search Authority. This amount can then be added to Part 8 of the PO Form 6/6A, before the form is sent to the client for signing.

See the Seller Disclosure Toolkit for guidance on how this process works in Realworks. 

Also see the REIQ’s completed example versions of the PO Form 6/6A Schedules for further guidance about how to use the new schedules.

DISCLAIMER: This article is provided for information purposes only and does not constitute legal advice and should not be used as such. Formal and independent legal advice should be sought in particular matters. REIQ cannot and does not warrant and nor does it represent in any way that the information contained herein is current and/or will remain current beyond the time and date of release.

Read more REIQ articles.