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Queensland’s New Disclosure Laws Overlook Natural Hazard Risks

by News Desk
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Leon and Olga Radunz had hoped to enjoy their retirement, but instead they are living in fear as their “forever home” in Queensland’s Scenic Rim is now at risk of collapse.

The couple purchased their 8,000-square-metre property in Tamborine Mountain in 2004, unaware that the area was prone to landslides.

“We weren’t told the area had a long history of landslides — if we had known, we wouldn’t have bought it,” Mr Radunz said.

Although the Scenic Rim Council maintains a public landslide hazard map, the Radunzes were unaware of its existence at the time of purchase. They had performed standard checks but assumed the seller would have disclosed any major risks.

It wasn’t until 2022, nearly two decades after building, that heavy rains triggered multiple landslides, seriously damaging their million-dollar home. The structure is now propped up by steel poles, the back deck has detached, the concrete slab has shifted, the driveway has cracked, and the home’s plumbing system is compromised.

Though they are currently still able to live in the house, it will eventually need to be demolished. The couple had also underinsured the property to save on premiums, and while they received a payout, it won’t cover the full extent of their losses.

“We’re heartbroken — the financial and emotional strain has been unbearable,” Ms Radunz said.

Mr Radunz admitted they didn’t conduct sufficient due diligence, but said that, at the time, they didn’t know what to ask or look for. “It’s buyer beware, and we weren’t aware enough,” he said.

Disclosure rules leave gaps

In Queensland, sellers aren’t legally required to disclose whether a property is affected by natural hazards such as flooding or landslides. The state’s updated Property Law Act, set to take effect in August 2025, mandates sellers provide certain property information to buyers — but natural hazards like landslides won’t be included.

Real Estate Institute of Queensland chief executive Antonia Mercorella said the law wouldn’t have changed the Radunzes’ situation. Sellers are only obliged to disclose specific details such as zoning, building compliance, and outstanding charges, but not issues like structural soundness, pest problems, asbestos, or natural hazards unless directly asked.

However, under consumer law, sellers cannot lie or mislead buyers if asked specific questions, such as whether the property has previously flooded. Mercorella advised buyers to do thorough research, consult professionals, and check hazard maps provided by councils.

Push for stronger disclosure laws

Queensland councils have long advocated for mandatory natural hazard disclosures, but this has yet to be legislated. Moreton Bay Mayor Peter Flannery called it a missed opportunity to better protect buyers. While councils make hazard information available online, many buyers don’t know to look for it or realize its importance.

“A lot of people don’t even know this information exists,” he said. “It should be presented upfront before buyers commit to a contract.”

Mr Radunz hopes their experience will serve as a cautionary tale. “Do every search you can think of — if something might go wrong, check it out first,” he advised.

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