Every warranty item, answered individually
All seven items addressed on their own terms, in a form that goes directly into the contract.
Queensland Property Law Act 2023: Seller Disclosure Obligations
"Refer to Attached" Is Not a Warranty
Queensland sellers must answer each statutory warranty on its own terms. Attaching hundreds of pages of Body Corporate records in their place is legally insufficient, and it leaves the seller exposed to a risk they have paid to avoid.
200-400
Pages in a records package a seller is charged for but does not need
35+
Years of Body Corporate search expertise behind every SCLS report
100%
Of SCLS reports independently checked before delivery
The gap sellers do not see
What the statutory warranties actually require
Since 1 August 2025, Queensland sellers must give buyers a disclosure statement before any contract is signed. Alongside it, the statutory warranty sections in the Contract of Sale must each be individually completed. They are seven discrete warranty items, and each one demands a specific, accurate answer.
The instruction most commonly seen in contracts reads "refer to attached". It is not a legal answer, it is a gap in the contract. Bulk records do not answer the warranty questions. They transfer the burden of reading, interpreting and concluding onto the buyer, which is precisely what the warranty regime was designed to prevent.
Sellers are being charged for records packages they do not need, while not receiving the targeted warranty report they do need. Unnecessary cost and inadequate compliance, at the same time. What closes the gap is a report that answers each warranty item directly.
The seven warranty items
What Sellers Are Actually Being Asked
The statutory warranty regime requires the seller to make specific representations about the property at the time of contract. Sections (a) to (g) are separate warranty items: each stands alone, and each must be completed correctly. Getting even one wrong, leaving it blank, or qualifying it incorrectly is a breach of warranty, and can entitle the buyer to terminate the contract. Each item below, on its own terms:
- Body Corporate fees, levies and contributions, including current amounts and arrears status
- Special levies, whether any have been raised or are contemplated
- Body Corporate assets and liabilities, including administrative and sinking fund balances
- Insurance, that Body Corporate insurance is in place and what it covers
- By-laws and rules, including any current or pending by-law amendments
- Exclusive use areas and agreements, including any relevant authorisations or arrangements
- Litigation and disputes, including any current or pending legal proceedings involving the Body Corporate
A buyer who must read through hundreds of pages to work out whether a special levy exists has not been given a warranty. They have been given a research task.
Myth vs. reality
What Sellers Believe, And What Is Actually True
Common misconception
"We attached the full Body Corporate records, so the warranties are covered."
The reality
Volume of paper is not evidence of compliance. The warranty items cannot be satisfied by attaching records in their place. An item that is not clearly addressed remains unanswered, however many pages sit behind it.
Common misconception
"Referring the buyer to the disclosure statement answers the warranty questions."
The reality
It answers nothing. It redirects the buyer to another document that carries its own separate obligations. Both documents support disclosure. Neither replaces it.
Common misconception
"Attaching more paperwork reduces our exposure."
The reality
It may increase it. If a warranty item is not clearly addressed and a buyer later suffers loss, the adequacy of the disclosure is what will be scrutinised.
Common misconception
"Our solicitor or agent will have handled the warranties."
The reality
Answering the warranty items requires current Body Corporate records read by a qualified search agent. That is a targeted compliance task, not a bulk document exercise, and it should be treated as one.
What Sun City Legal Services provides
A report that answers the warranty items directly
Our Statutory Warranties Report addresses each of the seven items individually, draws on current Body Corporate records, and presents the answers in a form that can be incorporated straight into the contract. No guesswork for the buyer, no exposure gap for the seller.
Levies, arrears and special levy risk
Contributions, outstanding amounts and upcoming expenditure confirmed against the scheme records.
Maintenance and defect issues
Outstanding works, recurring problems, and building issues recorded in committee minutes or correspondence.
By-laws and exclusive use
Current by-laws, exclusive use area allocations, and any amendments or disputes affecting the lot.
Litigation and disputes
Current or pending legal proceedings involving the Body Corporate, and any disputes on foot that affect the lot.
Insurance and compliance
Insurance cover status, valuations, and any compliance issues affecting the scheme.
Precise, and a fraction of the cost
A targeted report instead of a 200 to 400 page records package that provides no additional legal protection.
For solicitors and agents acting for sellers
Your Client Attached the Records. Did They Answer the Warranties?
Acting for the seller, you are the one who sees the disclosure obligation discharged. A records package, however thick, does not discharge it. The statutory warranty sections must be completed specifically, accurately and individually, and an unanswered item is an exposure that surfaces only once a buyer has suffered loss.
Ordering a Sun City Legal Services Statutory Warranties Report is a straightforward way to close that gap: targeted, compliant, and at a fraction of the cost of the bulk records your client is currently being charged for.
What our report gives your client that a records package does not:
- Each of the seven warranty items answered individually, ready to incorporate into the contract
- Levies, arrears and special levy risk confirmed against current Body Corporate records
- Maintenance history and outstanding defect issues identified, not left for the buyer to find
- By-law and exclusive use implications affecting the lot's intended use
- Independent checking of every report before delivery
- A specialist available to discuss findings directly with you or your client
Ready to request your report?
Get in touch with our Sunshine Coast based team to discuss your requirements, or request a report through our secure online portal.
Call us on 07 5458 6878