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 seven warranty items in the Contract of Sale must each be answered individually, 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 You, as the Seller, Need to Address
When you sell a lot in a community titles scheme, the contract asks you to give the buyer notice of seven matters about the Body Corporate. The Form 2 and Form 33/34 do not answer them for you. A blank answer, or "refer to disclosure statement", can let the buyer terminate or claim damages.
- (a)
Latent or patent defects in common property or Body Corporate assets
You know of no hidden or visible defects in the common property or Body Corporate assets, other than fair wear and tear, and the records show none.
- (b)
Actual, contingent or expected liabilities of the Body Corporate
You know of no Body Corporate liabilities beyond normal running costs, such as special levies or major works, and the records show none.
- (c)
Circumstances in relation to the affairs of the Body Corporate
You know of nothing in the Body Corporate's affairs likely to materially prejudice the buyer, such as a dispute or an administrator being appointed.
- (d)
Proposal to record a new community management statement (CMS)
You have had no notice of a meeting, and know of no resolution, to record a new community management statement.
- (e)
Unapproved improvements on common property benefiting the lot
Every improvement on common property that benefits your lot, such as a pergola or an air-conditioning condenser, has Body Corporate approval.
- (f)
Outstanding by-law contravention notices
You have no by-law contravention notice for your lot that is still in effect or not fully complied with.
- (g)
Proposed Body Corporate resolutions
Until settlement, you pass on to the buyer every notice of a proposed Body Corporate meeting and every resolution passed.
Our Statutory Warranties Report answers each item from the Body Corporate records as at its date, to help prepare your contract.
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. It is a useful document, but it does not answer the warranties.
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 answer 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.
Defects in common property
Known defects in common property and Body Corporate assets, traced through the committee and general meeting minutes.
Liabilities and expected expenditure
Special levies raised or voted on, legal proceedings and major works, checked against the budget and sinking fund forecast.
Circumstances affecting the buyer
Disputes, committee or administrator issues, and incomplete records that could materially prejudice a buyer.
Approvals, notices and proposals
Improvements without approval, open by-law contravention notices, a proposed new CMS and pending resolutions.
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 warranties answered. A records package, however thick, does not answer them. Each warranty item 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
- Defects, special levies and other liabilities confirmed against current Body Corporate records
- Disputes, unapproved improvements and open contravention notices identified, not left for the buyer to find
- Any proposed new CMS or pending resolutions flagged before the contract goes out
- 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
