Selling in VIC

Selling property in Victoria: the complete state guide

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.

The rest of the Victorian sale is familiar: the buyer gets a short three 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 in the last seven years, you may need a defects report and building insurance.
The buyer's cooling-off is short. Three 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.

How selling in Victoria differs from Queensland and New South Wales

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 business days, penalty $100 or 0.2%	5 business days; you may keep 0.25%	5 business days, often waived by a 66W certificate
Making a deadline binding	Usually a default notice first	Time is of the essence, so you can act immediately	Usually a notice to complete first

What's different about selling in Victoria

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 must be registered and hold a valid compliance certificate for the sale.	Compliance when selling
Owner-builder work	If you carried out major building work as an owner-builder within the last seven years or so, you may need to give the buyer a defects inspection report and domestic building insurance before you sign.	What you must disclose when selling
Cooling-off	The buyer gets three 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 a statutory window 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)

The Victorian selling process, step by step

Prepare your section 32 and contract. Before anything is signed, your lawyer or conveyancer orders the searches and prepares the vendor's statement and the contract of sale. In Victoria this is the first job, because the buyer cannot sign without the section 32.
Go to market. Private treaty or auction. Your agent lists the property with a Statement of Information (the required price guide), runs the campaign and handles inspections and offers, with your section 32 ready for any buyer who wants to sign. At auction, the buyer is bound on the fall of the hammer with no cooling-off.
The buyer signs and pays the deposit. Having received your section 32, the buyer signs and pays the deposit, usually up to 10%, held in the agent's trust account or by your conveyancer.
Cooling-off runs, if it applies. Three business days by private treaty, and none at auction. Your sale can still unwind in this short window.
The buyer works through any conditions. Finance and building and pest, where they apply. Meanwhile you line up your side: mortgage discharge, smoke alarm and pool compliance, and a section 27 for early deposit release if you qualify.
The sale is unconditional. If the buyer defaults from here you may keep the deposit and pursue your loss, but that is a last resort.
Settlement. Adjustments for rates and owners corporation fees are worked out, your mortgage is discharged, and the balance is transferred to you electronically through PEXA.

⚠️ 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.

What it costs to sell in Victoria

You don't pay transfer duty. That is the buyer's cost in Victoria, not yours. What you do pay is agent commission (negotiable, commonly around 2% in Melbourne and higher in regional areas), 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.

Common questions about selling in Victoria

Quick answers to what Victorian sellers ask most.

Do I need a section 32 before I can sell my house in Victoria?

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.

What documents must be included in a section 32 vendor's statement?

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.

Can a buyer pull out of the sale if my section 32 is missing information?

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.

How can I access the buyer's deposit before settlement using section 27?

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 a statutory window to object, and if they do not, the deposit can be released to you before settlement.

What are the rules for owner-builders selling a renovated home in Victoria?

If you carried out major building work yourself as an owner-builder within roughly the last seven years, you generally have to give the buyer a defects inspection report and domestic building insurance before the contract is signed. Check the current thresholds with your conveyancer before you list.

What compliance do I need to meet when selling a home in Victoria?

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. Sort these early rather than at the last minute. See compliance when selling.

How long does settlement take in Victoria?

Commonly 30, 60 or 90 days from the contract date, completed through PEXA. See time and settlement in property contracts (VIC).

Selling somewhere specific in Victoria?

Local knowledge, compliance and a fixed-fee quote from the team covering your area.

Selling in Victoria is smooth once your section 32 is prepared properly and early. If you are getting ready to sell, get a fixed-fee quote and have your vendor's statement and contract prepared first. That is the step that keeps the sale from unravelling later.

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.

Explainers

What must you disclose when selling a property?

Sellers must disclose title, planning, rates and notices before a buyer signs — via a Section 32 in Victoria, prescribed documents in New South Wales, or a Form 2 in Queensland.

What compliance do you need when selling a property?

Selling requires working smoke alarms, a compliant pool barrier with the right certificate, and cladding disclosure in affected apartment buildings.

What does it cost to sell a property in Australia?

Selling costs agent commission, marketing, conveyancing fees, mortgage discharge and possibly capital gains tax, plus an ATO clearance certificate to avoid 15% withholding.

How do settlement adjustments work when you sell?

Settlement adjustments split the property's ongoing costs (council rates, water, and any body corporate or strata fees) between you and the buyer as at the settlement date, so each side pays only for the days they own the property. Your conveyancer calculates them on a statement of adjustments.

What happens if the buyer defaults or can't settle?

A buyer who misses settlement without an extension or condition is in default: you can usually forfeit the deposit, terminate and sue. NSW and Victoria need a 14-day notice first; Queensland allows a unilateral five-business-day extension.

What's different about selling a strata, unit or townhouse?

Strata sellers need a body corporate certificate — section 184 in NSW, section 151 in Victoria, Form 33 in Queensland — covering the scheme's finances, insurance and by-laws, delivered before the buyer signs in Victoria and Queensland.

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