In Victoria, the seller must give you a vendor’s statement, known as a Section 32 after the section of the Sale of Land Act 1962 that requires it, before you sign a contract. It is the official disclosure of what you are buying, and it is worth having a conveyancer or solicitor read it before you commit.
What a Section 32 contains
- Title: a copy of the title, showing the owner and any mortgages, caveats or covenants
- Easements and restrictions: rights of way, drainage and sewerage easements, restrictive covenants
- Planning: the zone and any overlays (heritage, flooding, bushfire) that limit what you can do
- Outgoings: council rates, water charges and any owners corporation fees, with amounts
- Building work: building permits issued in the last seven years, and owner-builder details
- Owners corporation: certificate, levies and any special levies for units and townhouses
- Services: which of electricity, gas, water, sewerage and telephone are connected
- Notices: any government or council notices affecting the land
Red flags to ask about
- A restrictive covenant that stops extensions, second dwellings or subdivision
- Overlays that require permits for simple changes
- Building work with no permit listed
- A large or upcoming owners corporation special levy
- Unpaid rates or charges, or notices of works
If the Section 32 is missing or wrong
If the statement wasn’t given before you signed, or contains errors that affect you, you may be able to end the contract before settlement. The rules are technical and time matters, so speak to your conveyancer straight away. Separately, agents must not hide material facts, such as a death or serious crime at the property, under Consumer Affairs Victoria’s material fact guidelines.
Cooling off in Victoria
Victoria’s cooling-off period is three clear business days, and ending a contract in that time costs the greater of $100 or 0.2% of the price. It does not apply at auction or within three business days either side of one, among other exceptions. See cooling-off periods in every state.
Get it checked
A Section 32 review is usually part of a conveyancer’s fee, and some will review it before you make an offer. Compare conveyancers in Victoria, and read what a conveyancer does.
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