Selling your home: condition evidence and disclosure
Before selling, organise the legal disclosure and property records, then make an honest list of known defects and open questions. With advice from your lawyer or conveyancer and agent, decide what to investigate, repair, price into the sale or leave for the buyer. Fix the cause before the finish, and keep the invoices, certificates and photographs that show the work was properly closed out.
- 01KnowWhat you have, what it is in, what is still unanswered
- 02DecideFix it, investigate it, price it in, or leave it honestly visible
- 03DiscloseTell what your state requires. Concealment ages badly.
Preparation removes doubt. The market still sets the price.
Get the house story straight before the styling
- Legal bundle: title, plan, state disclosure, contract, planning, rates and owners-corporation/body-corporate material.
- Works history: permits, endorsed plans, certificates, owner-builder material, invoices and warranties.
- Condition evidence: relevant reports, recurring repairs, insurance claims and unresolved recommendations.
- Product and service information: manuals, service dates, keys, access and transferable warranties.
The exact disclosure duty differs by state. Victoria uses the Section 32; Queensland's Form 2 scheme applies from 1 August 2025; NSW places prescribed material in the contract for sale. Use a conveyancer or solicitor in the property's jurisdiction.
Make a decision register
| Condition | Possible decision | Evidence needed |
|---|---|---|
| Active leak or safety issue | Make safe, diagnose cause and repair competently | Report, scope, invoice, photos and certificate where relevant |
| Known material defect with uncertain scope | Investigate, price with the evidence, or disclose and leave | Professional diagnosis and legal disclosure advice |
| Cosmetic wear only | Repair for presentation or leave visible | Clear distinction from structural or moisture concerns |
| Historic repair | Assemble proof and current status | Before/during/after photos, invoice, warranty and later inspection |
| Unapproved or unclear work | Authority/legal investigation before making a claim about it | Plans, searches, permit advice and contract treatment |
Fix the cause before the finish
Diagnose the cause before painting a stain, filling a moving crack or covering damaged material. Keep the close-out record for completed repairs. For unresolved items, obtain disclosure advice and keep marketing claims consistent with the evidence.
A pre-sale inspection is a strategic choice
A seller-commissioned inspection can identify issues before a buyer does, help define repairs and support a more orderly auction campaign. It can also create knowledge that needs legal consideration, cost money for issues you may not change, and fail to give buyers a right of reliance unless the inspector offers appropriate terms. Before commissioning, agree on scope, access, report ownership, distribution, professional indemnity and whether purchaser reliance or assignment will be available.
If you share a report, share its fine print with it: the date, the scope, the limits, and whether a buyer may rely on it. Leave buyers free to commission their own inspection.
Apartments need building-level preparation
For a lot in a scheme, organise current certificates and records. Identify resolved or proposed levies, defects, disputes, cladding, fire-safety, insurance and major works, then have the contract allocate amounts correctly. Use the owners-corporation records guide to assemble the evidence.
Prepare for an informed sale
Accurate records, competent repairs and straight answers shrink a buyer’s doubt, and doubt is exactly what buyers price against you. The market, the contract and the building still write the final number.
Frequently asked questions
Should I fix defects before selling?
Fix urgent safety issues and active causes competently. For other defects, compare investigation and repair cost with accurate disclosure and pricing, using legal and agent advice.
Should I get a building inspection before selling?
A seller inspection can define issues and repair scope. It also creates information and reliance questions. Agree scope, distribution and buyer-reliance terms and obtain legal advice before commissioning.
Will maintenance records increase my sale price?
They can reduce uncertainty and support accurate answers. Price still depends on the property, contract and market.
Can I paint over a stain or crack before sale?
Only after understanding and addressing the cause where required. Concealing evidence without repair or appropriate disclosure can create legal and trust problems.
What documents should I prepare?
The state legal disclosure and contract material, title and plan, approvals and certificates, works and warranty records, relevant condition reports, shared-building records and accurate evidence of repairs.
How this guide was researched
We put the obligations first and the styling last: what the law requires you to disclose, what evidence to prepare, what to fix, and only then how to present it.
Limits: Selling obligations vary by state and contract. A pre-sale report may create information that requires legal consideration before marketing.
Sources
- Conveyancing and contracts for sellersConsumer Affairs Victoria · accessed 2026-07-19
- Seller disclosure schemeQueensland Government · accessed 2026-07-19
- Contracts and deposits when buying property in NSWNSW Government · accessed 2026-07-19
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