Reduce Risk, Save Time: First Title has Buyers in Queensland Covered

While sellers, agents, and lawyers focus on getting the Form 2 Seller Disclosure Statement right — First Title focuses on you.

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Our products offer coverage for Queensland buyers, which may help to provide cost efficiency and facilitate property transactions.

Effective 1 August 2025, the Property Law Act 2023 will require Queensland sellers provide buyers with a Form 2 Disclosure Statement. This legislative reform prioritises seller disclosure, aiming to improve transparency and reduce transactional risks.

For solicitors representing buyers, the usual practice is to perform independent searches and advise the buyer on the Seller Disclosures and Searches. Although this approach delivers increased certainty, it may require significant time and will likely result in additional expenses for purchasers.

First Title’s Home Owners Gold Title Insurance offers property lawyers an efficient method to manage disclosure risks and due diligence, offering a practical alternative to duplicating seller searches.

Title Insurance may help to expedite transactions by providing coverage for many risks including some of the risks related to disclosure errors or omissions. Title insurance provides enhanced buyer protection and may enable lawyers to mitigate risks while facilitating conveyancing services to buyers.

Under the revised seller disclosure regime, there are limited opportunities for a buyer to recover loss due to an error or omission in the disclosure statement. A Home Owners Gold title insurance policy will help address buyer concerns by providing cover for many common errors or omissions in the disclosure documents. 

Additionally, Title Insurance policies protect buyers against other specified risks covered under the policy. Further details on coverage can be found here.

Coverage extends for the entire period of ownership upon payment of a single premium.

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Which seller disclosure items are covered by First Title’ Home Owners Gold Insurance?

The table below lists the Queensland Property Law Act 2023 seller disclosure requirements alongside the coverage provided by a First Title Home Owners Gold Insurance policy.  

Form 2 Disclosure ItemTitle Insurance Coverage        
1. Title Search & Survey Plan✅ Covered
2. Registered encumbrances
✅ Covered
3. Encumbrances not registered on title
(lease, written and oral)
✅ Covered
4. Statutory encumbrances
✅ Covered
5. Residential tenancy ⮾  Not Covered
6. Zoning✅ Covered
7. Transport Proposals & Resumptions✅ Covered
8. Contamination & Environmental Protection ⮾  Not Covered  
9. Trees✅ Covered
10. Heritage✅ Covered
11. Swimming Pool Compliance✅ Covered
12. Unlicensed Building Work Under Owner Builder Permit✅ Covered ($160k limit)
13. Notices & Orders✅ Covered
14. Rates & Water✅ Covered (errors in adjustments at settlement)
15. Community Management Certificate✅ Covered
16. Body Corporate Certificate✅ Covered
17. Statutory Warranties - Body Corporate and Community Management Act ⮾  Not Covered



Key Features of Coverage

Property inquiry risks existing prior to settlement

  1. Errors in local government rates, water rates, land tax, or strata certificates.
  2. Mistakes by lawyers when reviewing these certificates.
  3. Undisclosed plans for government or authority land resumption.
  4. Losses from issues like heritage restrictions, statutory easements, drainage, or sewerage not disclosed by required enquiries. [Liability for these first four risks is capped at $1.5 million.]
  5. Boundary or identification survey findings such as encroachments.
  6. Costs of mandatory removal of illegal or unapproved building work. [Liability for this risk is capped at $160,000.]

General Ownership Risks Occurring Before Settlement

  1. Title ownership issues that make the property unmarketable.
  2. Third-party claims affect the owner’s interest in the Land.
  3. Forgery or fraud affecting the interest in the Land.
  4. Improperly signed or registered title documents
  5. Issues with legal access or water/drainage supply
  6. Zoning issues.
  7. Breach of subdivision laws.

General Ownership Risks Occurring Before or After Settlement

  1. Third-party claims on the property due to fraud, forgery, or Land Titles Officer errors.
  2. Future encroachment by neighbouring structures.
  3. Third parties (including utilities) requiring removal or repair of structures on the land.

Additional Coverage

  1. Automatic inflation coverage offers up to 200% of the purchase price as the property's value rises.
  2. Rental costs for an alternative property are included when the insured is unable to occupy their primary residence as a result of a claim.
  3. All legal expenses connected to defending against insured risks are covered, without reducing the amount of indemnity coverage available.
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