Selling in VIC
Selling in Victoria starts with the section 32. Before a buyer can sign, your lawyer or conveyancer has to prepare the vendor's statement, setting out the title, what is owed on the property, the planning controls, the owners corporation details and more. Get the section 32 right and the sale runs cleanly. Get it wrong and the buyer may be able to walk away, even close to settlement.
After that it's more straightforward. The buyer gets a short three clear business day cooling-off, and settlement is usually 30, 60 or 90 days later. This guide walks the whole sale, what you prepare, what you are on the hook for, and what lands in your account at the end, with a link to the detailed explainer for each step.
The short version for Victorian sellers
- Your section 32 comes first. The vendor's statement has to be prepared and given to the buyer before they sign. A missing or inaccurate section 32 can let the buyer rescind, so this is your conveyancer's first job.
- Compliance is on you. Working smoke alarms and a registered, compliant pool or spa before the sale. And if you did major owner-builder work, you may need a defects report and building insurance. Raise it with your conveyancer before you list.
- The buyer's cooling-off is short. Three clear business days by private treaty, and none at auction, so a sale under the hammer is locked in on the spot.
- Transfer duty isn't your cost. The buyer pays that. You pay agent commission, conveyancing, preparing the section 32, and discharging your mortgage, and keep your building insurance until settlement funds clear.
If you have sold in another state before, these are the parts of a Victorian sale that work differently.
| Rule | Victoria | Queensland | New South Wales |
|---|---|---|---|
| Seller disclosure | Section 32 vendor's statement before the buyer signs | Form 2 disclosure statement before the buyer signs | Prescribed documents attached to the contract |
| Who prepares the contract | Your lawyer or conveyancer | The agent prepares the standard REIQ contract | Your solicitor or conveyancer |
| Buyer cooling-off | 3 clear business days, penalty $100 or 0.2% | 5 business days; you keep 0.25%, the rest of the deposit goes back to the buyer | 5 business days, often waived by a section 66W certificate |
| Making a deadline binding | Usually a default notice first | Time is of the essence on condition dates. Settlement is different. Either side can take a unilateral five business day extension | Usually a notice to complete first |
| Topic | How it works in Victoria | Where the detail sits |
|---|---|---|
| Preparing the section 32 | Your lawyer or conveyancer prepares the vendor's statement before the buyer can sign. If a required certificate is missing or the statement is inaccurate, the buyer can rescind any time before settlement. | Section 32 vendor statement (VIC) |
| Compliance | Working smoke alarms are required, and a pool or spa has to be registered with a valid compliance certificate before the sale. Both are your job before settlement, and the pool certificate can take time to get, so start it early rather than the week before. | Compliance when selling |
| Owner-builder work | If you carried out major building work yourself as an owner-builder, you may have to give the buyer a defects inspection report and domestic building insurance before the contract is signed. It depends on when the work was done and what it cost, so if you've owner-built in the last decade, raise it with your conveyancer before you list. | What you must disclose when selling |
| Cooling-off | The buyer gets three clear business days after signing, with a penalty of $100 or 0.2% of the price. There is none at auction. | Cooling-off period (VIC) |
| Early release of deposit (section 27) | You can ask to access the deposit before settlement by serving a section 27 statement with your mortgage details. It is generally available where the amount needed to discharge your loan is not more than 80% of the sale price, and the buyer has 28 days to object. | Section 27 early release of deposit (VIC) |
| Settlement timing | Commonly 30, 60 or 90 days from the contract date, completed through PEXA. | Time and settlement in property contracts (VIC) |
⚠️ Before you list: do not let a buyer sign without a complete, accurate section 32. In Victoria a missing certificate or a wrong vendor's statement is the most common way a sale unravels, because the buyer can rescind, sometimes right up to settlement.
You don't pay transfer duty. That is the buyer's cost in Victoria, not yours. What you do pay is agent commission (negotiable in Victoria, with no fixed scale, commonly around 2 to 3% plus a marketing budget), conveyancing, the cost of preparing your section 32, and discharging your mortgage. See what it costs to sell a property.
The parts that catch people. Your lender charges a discharge fee, and a fixed-rate loan can add break costs, so check early. If the land has been rezoned a windfall gains tax can apply, and a land tax clearance is usually obtained for settlement, so raise these with your accountant. Conveyancing is a fixed fee; see what conveyancing costs in Queensland, NSW and Victoria. If the property is not your main residence, capital gains tax may apply. Discharging your mortgage covers the lender side.
Quick answers to what Victorian sellers ask most.
Yes. In Victoria the buyer cannot sign until your lawyer or conveyancer has prepared the section 32 vendor's statement. It is the first step, because a missing or inaccurate statement can let the buyer rescind.
The section 32 sets out the title and plan, what is owed on the property (council and water rates and other outgoings), planning and zoning, connected services, any owners corporation certificate, and known building or planning issues. Your conveyancer assembles these before the property goes to contract.
Yes. If a required certificate is left out, or the statement is false or misleading, the buyer can generally rescind the contract any time before settlement and recover their deposit. That is why getting the section 32 complete and accurate before you list matters so much.
You serve a section 27 statement setting out your mortgage details. Early release is generally available where the amount needed to discharge your loan is not more than 80% of the sale price. The buyer then has 28 days to object. If they don't, consent is taken to have been given and the deposit can be released to you before settlement.
If you carried out major building work yourself as an owner-builder, you generally have to give the buyer a defects inspection report and domestic building insurance before the contract is signed. Whether it applies depends on when the work was done and what it cost, so if you've owner-built in the last decade, raise it with your conveyancer before you list.
Working smoke alarms are required, and if the property has a pool or spa it must be registered and hold a valid compliance certificate for the sale. The pool certificate can take time to get, so start it early rather than the week before. See compliance when selling.
Commonly 30, 60 or 90 days from the contract date, completed through PEXA. See time and settlement in property contracts (VIC).
Local knowledge, compliance and the checks that matter in each part of Victoria.
Selling in Victoria runs on getting the section 32 right before anyone signs. If you're getting ready to sell, get a fixed-fee quote and have your section 32 and contract prepared first. Just Zettle it.
General information only, not legal advice. Conveyancing law varies by state and changes over time, so confirm your situation with a licensed conveyancer or solicitor.
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