What changes for Victorian sellers under the Consumer Legislation Amendment Act 2026?

By
Cordell Smith
on
26 October 2026

Victorian agents must now publish a seller's reserve price at least 7 days before an auction or fixed-date sale held on or after 16 October 2026. From 1 June 2027, the Section 32 must be ready earlier. From 1 July 2027, early deposit release needs an express contract term.

A sunlit cottage garden in front of a Victorian weatherboard home

The short version. Victoria's Consumer Legislation Amendment Act 2026 is already partly in force. If you're selling by auction or fixed-date sale on or after 16 October 2026, your agent must publish your reserve price at least 7 days before the sale. The Section 32 timing change starts on 1 June 2027, and the early deposit release change on 1 July 2027.

Zettle Conveyancing is a solicitor-led online conveyancing practice for QLD, NSW and VIC, with offices in Maroochydore, Sydney and Melbourne.

At a glance: what changes and when (Victoria only)

  • Reserve price published (auctions and fixed-date sales on or after 16 Oct 2026): Your agent publishes your reserve at least 7 days before an auction or fixed-date sale. If it changes, up or down, the 7 days start again. If it isn't published in time, the sale can't go ahead.
  • Section 32 timing (1 June 2027): The Section 32 must be available at least 14 days before an auction or fixed-date sale, or within 14 days after a private sale is first advertised.
  • Early deposit release (1 July 2027): The existing statutory process is repealed. Early release will depend on the contract expressly allowing it, agreed by both sides.
  • Agent's commission (1 July 2027): Your agent can't take commission or expenses out of a deposit released early. You can still choose to pay the agent before settlement from other money.

Official source: Consumer Affairs Victoria.

The Act received Royal Assent on 8 September 2026 as Act No. 36/2026 (legislation.vic.gov.au). Nothing here applies to selling in Queensland or New South Wales.

What has already changed for Victorian sellers?

The reserve. For auctions and fixed-date sales on or after 16 October 2026, your agent must publish your reserve price at least 7 days before the sale. Change it, up or down, and the 7 days start again. If it isn't published in time, the sale can't go ahead.

Keeping the reserve to yourself until the day used to be standard practice at auction. It isn't an option any more. In practice that means settling your reserve with your agent earlier than you might have, because a change in auction week can't happen without moving the sale.

When does the Section 32 have to be ready?

From 1 June 2027, the Section 32 statement must be available at least 14 days before an auction or fixed-date sale, or within 14 days after a private sale is first advertised. If the property isn't advertised, or sells within 14 days of being advertised, it must be available before the buyer signs.

The contents of a Section 32 stay the same. The deadline moves earlier. If you were planning to finish it the week of the auction, plan to finish it before the campaign starts instead.

What changes about getting the deposit early?

From 1 July 2027, the existing statutory process for releasing a deposit before settlement is repealed. Early release will depend on your contract expressly allowing it, agreed with the buyer before anyone signs.

So if you'll need the deposit before settlement, say for the deposit on your next place, it has to be built into the contract at the start. Tell your conveyancer when the contract is being drafted. Until 1 July 2027, the current process still applies.

Can the agent still be paid out of the deposit?

Not from 1 July 2027. Agents won't be able to take commission or expenses out of a deposit released early. You can still choose to pay your agent before settlement from other money.

Does any of this apply in Queensland or New South Wales?

No. This Act amends Victorian law only. Queensland changed its own seller disclosure rules separately on 1 August 2025 (Queensland Government: seller disclosure scheme).

What should you do if you're selling in Victoria?

  • Selling by auction or fixed-date sale now: agree your reserve with your agent early. It has to be published at least 7 days before the sale, and any change restarts the clock.
  • Selling after 1 June 2027: have the Section 32 ready before the campaign starts.
  • Likely to need the deposit before settlement, from 1 July 2027: raise it with your conveyancer before the contract goes out, so the contract allows it.
  • Selling in another state as well: don't carry any of this across the border.

For the Victorian selling process end to end, see Selling a property in Victoria. For the wider set of changes since mid-2025, see What changed for property buyers and sellers in 2025–26.

Frequently asked questions

Has the Consumer Legislation Amendment Act 2026 started?
Partly. It received Royal Assent on 8 September 2026 as Act No. 36/2026. The reserve price rules apply to auctions and fixed-date sales on or after 16 October 2026. The Section 32 timing change starts on 1 June 2027 and the deposit changes on 1 July 2027.

Do I have to publish my reserve price?
If you're selling by auction or fixed-date sale on or after 16 October 2026, yes. Your agent must publish it at least 7 days before the sale.

What happens if I change my reserve?
If the published reserve changes, up or down, the 7 days start again. If the reserve isn't published in time, the sale can't go ahead.

When does the Section 32 have to be available from June 2027?
At least 14 days before an auction or fixed-date sale, or within 14 days after a private sale is first advertised. If the property isn't advertised, or sells within 14 days of being advertised, it must be available before the buyer signs.

Does it change what goes in a Section 32?
No. The change Consumer Affairs Victoria lists is about timing only: when the statement has to be available.

Will I still be able to get my deposit released before settlement?
From 1 July 2027, only if your contract expressly allows it, agreed with the buyer. Until then, the current process applies.

Does this affect selling in Queensland or New South Wales?
No. It amends Victorian law only.

Selling in Victoria? Talk to us before your campaign starts, so your contract and Section 32 are ready on time and your deposit terms are in the contract if you need them. One fixed fee, known before you start. Get a fixed-fee quote

General information only, not legal advice. This Act commences in stages, and the parts that have not yet started can still change before they do. Check the current position before acting.

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General information only, not legal advice.

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