Agents Need to Stop this Common Practice

Agents typically have a hand in preparing much of the documentation associated with residential purchases in Queensland. That practice, however, may well have to change soon or agents could find themselves facing sanctions.

As Queensland implements the new seller disclosure regime that commenced on August 1, 2025, a key question has emerged: who can prepare the required disclosure documentation?

Specifically – can agents continue their heavy involvement in document production, or do they need to tell sellers to get their lawyers involved in the disclosure process?

The answer lies in Section 24A of the Legal Profession Act 2007 (Qld), which explicitly classifies the preparation and completion of forms prescribed by regulation - like those under the Property Law Regulation 2024 - as legal advice or legal work.

This has significant implications for conveyancers, real estate professionals, and property buyers and sellers alike. Let’s break it down.

The New Disclosure Regime

Starting August 1, 2025, Queensland will shift from a “buyer beware” approach to a statutory seller disclosure framework for freehold land sales.

Under the Property Law Regulation 2024, sellers must provide buyers with a PLA Form 2 Seller Disclosure Statement before a contract is signed.

This form includes critical details: title information, tree orders, heritage status, and prescribed certificates (e.g., title searches or body corporate records). It’s a game-changer for transparency, but it also raises the stakes - errors or omissions can allow buyers to walk away before settlement.

Agents’ Involvement in Contracts

At the moment, the practice of many years is that agents will regularly prepare contracts for sellers – including schedule details, title information, and even sometimes special conditions.

While solicitors are sometimes involved in negotiating the specific terms or reviewing contracts prior to signing, it’s commonplace for parties to simply sign the agent-prepared contracts.

But will that be feasible going forward?

Section 24A: Defining Legal Work

Only lawyers are allowed to provide “legal services” in Queensland.

Section 24A of the Legal Profession Act 2007 clarifies what constitutes “legal services”.

Specifically for this topic, it includes “giving legal advice” and “providing services that involve the application of legal principles and judgment” to a client’s circumstances.

Crucially, section 24A(1)(b) extends this definition to preparing or completing documents prescribed by regulation, where those documents have legal significance or affect legal rights.

The PLA Form 2 required by the new seller’s disclosure regime fits this description perfectly - it’s a mandatory document prescribed by regulation that directly affects contractual obligations and property rights.

Why This Matters

Preparing the Form 2 isn’t just a clerical task.

It requires understanding the legal implications of the disclosed information, ensuring accuracy, and advising clients on their obligations and risks.

For example, failing to disclose a heritage restriction or attaching an outdated title search could invalidate a sale.

This process demands legal judgment, which is exactly what section 24A protects as the exclusive domain of qualified legal practitioners.

In Queensland, only those authorized under the Legal Profession Act (e.g., solicitors or appropriately supervised paralegals) can perform this work without risking unauthorized practice of law.

Implications for the Industry

For conveyancers and solicitors, this reinforces their role as gatekeepers in property transactions.

Real estate agents or unqualified individuals tempted to “assist” with Form 2 preparation should think twice. Breaching section 24 by providing legal service when you’re not qualified to do so carries penalties, including fines or injunctions.

For clients, it’s a reminder to rely on legal professionals to navigate this new regime safely.

The stakes are high, and the law is clear: this is legal work, not a form filling exercise.

Looking Ahead

As the changes that come in on August 1, 2025 start to weigh on the industry, education will be key.

Legal practitioners should familiarise themselves with the Property Law Regulation 2024 and the Form 2 requirements, while property stakeholders should seek qualified advice early.

Section 24A isn’t just a technicality, it’s a safeguard ensuring that Queensland’s push for transparency doesn’t compromise legal integrity.

What are your thoughts? How do you see this reshaping property transactions in Queensland? I’d love to hear from fellow professionals.