Selling Property in Victoria: When Should You Contact a Conveyancer?
If you are thinking about selling property in Victoria it is a good idea to contact a conveyancer as early as possible - ideally before the property is advertised for sale.
You do not need to have decided every detail, such as the final asking price or settlement date, before getting started. Early preparation allows time for the Contract of Sale and Section 32 vendor statement to be prepared carefully and for any issues to be identified before a purchaser is ready to make an offer.
When should you contact a conveyancer?
You should consider contacting a conveyancer as soon as you decide to sell or when you first begin speaking with a real estate agent.
This is particularly important if:
the property will be sold at auction
a fixed sale date has been planned
the property is affected by an owners corporation
building or renovation work has been completed
the property is currently leased
the registered owner is a company or trust
someone will be signing under a power of attorney
the property forms part of a deceased estate.
Preparing the sale documents may require information and certificates from councils, water authorities, owners corporations and other organisations. Obtaining these documents can take time so beginning early helps avoid unnecessary pressure or delays.
Why early preparation matters
Before a purchaser signs a Contract of Sale they must be given a Section 32 vendor statement containing prescribed information about the property.
The Contract of Sale and Section 32 statement allow a prospective purchaser and their legal representative to review the terms of the proposed transaction and important information affecting the property.
Starting early provides time to:
confirm that the title and ownership details are correct
obtain the required searches and certificates
identify any restrictions, notices or unusual title issues
collect owners corporation information where applicable
consider the proposed deposit and settlement terms
address missing or inconsistent information
ensure the documents reflect how the property will be sold.
It also means the documents can be made available promptly when a genuine purchaser wants to make an offer.
Changes scheduled from 1 June 2027
Further Victorian property-sale reforms are scheduled to commence on 1 June 2027.
Under the scheduled changes a Section 32 statement will need to be available at least 14 days before an auction or other fixed-date sale. For other methods of sale it will need to be made available within 14 days of the property being advertised.
These changes make early preparation particularly important. Waiting until an auction campaign or sale process is already underway may leave insufficient time to obtain the necessary information and prepare the documents properly.
Until the changes commence the current requirements continue to apply. I will confirm the requirements that apply at the time your property is being prepared for sale.
What is involved in preparing the Contract and Section 32 statement?
The documents required for each property will depend on its title, location, ownership and history.
Information commonly investigated or included may relate to:
the certificate of title and plan of subdivision
mortgages, caveats and other registered interests
easements, covenants and restrictions
planning and zoning information
council rates, water charges and other outgoings
services connected or available to the property
notices, orders or proposals affecting the property
building permits and recent building work
bushfire-prone area information
owners corporation certificates and records
any tenancy or occupancy arrangements.
A Section 32 statement does not replace the vendor’s separate obligation to disclose known material facts about the property. You should tell me about anything you are aware of that could be important to a purchaser’s decision, even if you are unsure whether it needs to appear in the sale documents.
What information will I need from you?
When you contact me, I may ask you to provide information about:
the property address and registered owners
your mortgage and lender
the selling agent, if one has been appointed
any building, renovation or owner-builder work
current tenants or other occupants
notices received from a council, owners corporation or authority
disputes or issues affecting the property
services that are not connected
items that will be included in or excluded from the sale
your preferred deposit and settlement arrangements
whether the property will be sold privately or at auction.
It is important to provide complete and accurate information. If you are uncertain about an issue let me know so it can be investigated before the documents are finalised.
Properties that may need additional preparation
Some properties require more information or additional documents.
Owners corporation properties
If the property is affected by an owners corporation an owners corporation certificate and accompanying documents will usually be required. Information about levies, special levies, insurance, disputes and proposed works may also be relevant.
Building and owner-builder work
Recent building or renovation work may require building permits, occupancy permits, certificates of final inspection, insurance or other supporting documents. Additional requirements can apply when the vendor completed work as an owner-builder.
Companies, trusts and deceased estates
Further documents may be needed to confirm who has authority to sell and sign the Contract and Section 32 statement.
Leased properties
If the property is tenanted the lease, bond details, notices and proposed arrangements for vacant possession may need to be considered when preparing the Contract.
Can sale documents be prepared urgently?
It is sometimes possible to prepare documents urgently but this will depend on the property and the information required.
Certificates from councils, water authorities and owners corporations may not be available immediately. Urgent searches may also involve additional fees and rushing the process can increase the chance that relevant information is overlooked.
If you have a proposed advertising date or auction date please tell me as soon as possible so I can advise whether the timeframe is realistic.
What happens once the documents are ready?
Once the Contract and Section 32 statement have been prepared I will provide them to you for review and explain any important matters.
The Section 32 statement must then be signed by the vendor before it is given to prospective purchasers. The completed documents can be sent to your selling agent so they are available during the sale campaign.
A purchaser may ask for changes to the Contract before signing. I can review and negotiate any proposed amendments and advise you about their effect.
You should also let me know if anything changes before the property is sold. The documents may need to be updated if, for example, you receive a new notice, building work is completed or the owners corporation issues further information.
How I can assist
I can assist with:
preparing the Contract of Sale and Section 32 vendor statement
obtaining the required property searches and certificates
advising you about the proposed sale terms
communicating with your real estate agent
reviewing and negotiating purchaser requests
preparing the matter for settlement
managing the conveyancing process through to completion.
If you are considering selling property in Victoria, please contact me early so the documents can be prepared properly and your sale can proceed as smoothly as possible.
This information is general in nature and does not constitute legal advice. Sale and disclosure requirements may change, and the documents required will depend on the property and your individual circumstances.