Selling Property in Victoria? Start Here.
If you're planning to sell your property in Victoria, there's one legal document you cannot afford to get wrong: the Section 32 Vendor's Statement. It's mandatory, it's detailed, and getting it wrong can cost you your sale—or worse, result in criminal penalties.
This guide breaks down everything Victorian home sellers (and buyers) need to know about Section 32: what it is, what it must contain, who prepares it, and how to make sure it's done correctly.
Get Expert Help Before You List
A good real estate agent has professional connections to qualified conveyancers and conveyancing solicitors who can prepare your Section 32 correctly. Compare local agents upfront—for free—at LocalAgentFinder.
Compare Real Estate Agents | Get Conveyancing Help via Dott & Crossitt
What Is a Section 32?
A Section 32 is a specific section of Victoria's Sale of Land Act 1962 that legally requires a seller to provide a prospective buyer with a Vendor's Statement before the Contract of Sale is signed.
The Vendor's Statement is the actual document—it discloses everything a buyer needs to know about the property before committing to purchase. The Section 32 is the legal framework that defines what must be in it.
Think of it this way:
- Section 32 = the law that mandates disclosure
- Vendor's Statement = the document that delivers that disclosure
Both terms are often used interchangeably, but they are technically distinct. The purpose is the same: full transparency so buyers can make an informed decision before signing anything.
Critical rule for sellers: The buyer must receive a signed Section 32 Vendor's Statement before they sign the Contract of Sale. If they don't, the buyer may be entitled to pull out of the contract.
Property Disclosure Laws by State
The Section 32 specifically applies to Victoria, but every Australian state and territory has equivalent legislation requiring sellers to disclose information to buyers:
The specific requirements vary, but the underlying principle is universal: sellers must disclose relevant information to buyers, and buyers have the right to that information before committing to purchase.
If you are selling property outside Victoria, seek advice specific to your state's legislation.
Who Prepares a Section 32 in Victoria?
The Section 32 Vendor's Statement is prepared by the seller's conveyancer or solicitor—not the seller themselves, and not the real estate agent (though the agent may prepare the Contract of Sale).
Here's how the process works:
- The seller's conveyancer or solicitor takes instructions from the vendor
- They obtain the required certificates from relevant authorities (local council, State Revenue Office, VicRoads, etc.)
- They compile all mandatory documents and disclosures
- The vendor (or their legal representative) signs the completed statement
- The signed statement is provided to the buyer before the Contract of Sale is signed
Can you prepare a Section 32 yourself? Technically, yes. But we strongly advise against it. The Section 32 is a legal document, and any inaccurate, misleading, or missing information can constitute a criminal offence—leading to fines, loss of sale, or legal action.
A qualified conveyancer or solicitor brings:
- Thorough knowledge of the legal requirements
- Access to the certificates and searches required
- A structured process that minimises risk to vendors
- Professional accountability
Get expert conveyancing assistance via Dott & Crossitt
What Must Be Included in a Section 32?
The Section 32 Vendor's Statement must contain specific information as required by the Sale of Land Act. Missing any of these items can give the buyer grounds to walk away from the sale.
Mandatory Documents and Disclosures
1. Register Search Statement Confirms title details, registered proprietors, notices, encumbrances, and street address.
2. Plan of Subdivision Details lot boundaries, covenants, restrictions, and easements affecting the land.
3. Services Confirmation Information on connected services including water, gas, and electricity.
4. Planning Statement Details of the responsible government authority, planning zone, and any overlays affecting the land.
5. Certificates from Relevant Authorities Certificates from local council, State Revenue Office, VicRoads, and other relevant bodies—covering levies, notices, permits, outgoings, insurance, and proposed plans that may affect the property.
6. Building Permits (under the Building Act 1993 VIC) Any building permits issued in the preceding seven years must be disclosed. Requirements vary depending on who completed the work:
- If an owner-builder did the work: an Owner Builder Defects Report (less than 6 months old), Owner Builder Warranty Insurance, and copies of current water and council rate bills must be included.
7. Due Diligence Checklist Covers flood and fire risk, resource activities, soil and groundwater contamination, safety hazards, and other material facts.
Other Important Documents
Zoning Certificate Confirms the property is zoned for residential use.
Owners Corporation Certificate (if applicable) Required for apartments, townhouses, or units. Covers communal outgoings, maintenance, council and water rates, special rules, and recent Owners Corporation meeting minutes.
Outgoings A reasonable estimate of the property's outgoings—rates, taxes, and charges—must be provided.
What if documents are missing? All documents required under Section 32 are mandatory. If any are absent, the buyer has the right to walk away from the sale. Even if they choose to proceed, they can request the missing documents from the seller—creating delays and complications. This is why professional preparation is so important.
How Long Does a Section 32 Last?
The industry rule of thumb is that a Section 32 Vendor's Statement remains valid for three months, after which it should be reviewed and updated to ensure all information remains current and accurate.
If your property has been listed for a while and your Section 32 is approaching or past the three-month mark, speak to your conveyancer or solicitor about updating it before presenting it to new buyers.
The Seller's Responsibilities
As a vendor, your responsibilities under the Section 32 are significant. Here's what you need to know:
You Must Sign the Statement
The Section 32 Vendor's Statement must be signed by the vendor (or their legal representative) to be legally valid. While buyers often sign it too—and selling agents typically request this as evidence of receipt—the buyer's signature is not legally required under the Act.
Accuracy Is Non-Negotiable
Every piece of information in the Section 32 must be accurate, complete, and current. If false or misleading information is found to have been provided knowingly or recklessly, the vendor can be found guilty of a criminal offence and face substantial fines.
Timing Matters
The Section 32 must be provided to a prospective buyer before the Contract of Sale is signed. Best practice is to have it ready as soon as a buyer shows serious interest—this minimises delays and keeps the transaction moving.
Estate Agents Cannot Alter It
A real estate agent is not permitted to make changes to the Section 32 statement. Any amendments must be made by a qualified legal representative.
Can a Section 32 Be Changed?
Yes—but only by a qualified legal representative, and only through the proper legal channels. The document must be accurate, checked, and finalised before it is presented to any prospective buyer.
If circumstances change after the Section 32 has been prepared—for example, new building work is undertaken or a planning overlay is applied—the document should be updated before being presented to buyers.
How Is a Section 32 Signed?
In today's digital environment, both digital signatures and electronic signatures are accepted for signing Section 32 statements and Contracts of Sale in Victoria. There is a distinction between the two:
- Digital signature – Uses encryption technology with an authentication network behind the signature. Considered the more secure of the two.
- Electronic signature – A standalone representation of a person's signature (e.g., drawn on a device or applied via voice recognition). Also legally valid when properly executed.
Both methods are legally recognised, provided they are applied correctly. If you're unsure which method applies to your situation, your conveyancer or solicitor can advise.
What Happens After the Buyer Reviews the Section 32?
Once the buyer's legal representative has reviewed the Section 32 Vendor's Statement, the buyer can:
- Request amendments to the Contract of Sale
- Make an offer on the property
- Add specific conditions to the contract (e.g., subject to finance, subject to building inspection)
The buyer's conveyancer may also make recommendations regarding buildings, chattels, goods, and land details based on the information disclosed.
The Cost of a Section 32
Sellers pay their conveyancer or solicitor to prepare the Section 32. Fees vary—some professionals charge a flat rate, others charge hourly. It's worth discussing fees upfront with your conveyancer before engaging their services.
Buyers receive the Section 32 at no cost. However, if a buyer engages their own conveyancer to review the statement—which is strongly recommended—they will pay for that professional advice. Some conveyancers offer free contract reviews if you subsequently engage them for the full conveyancing process.
Section 32 for a Private Sale
Section 32 requirements apply to all property sales in Victoria—not just agent-assisted sales. Whether you're selling through a real estate agent or via private sale, you are legally required to provide a compliant Section 32 Vendor's Statement to every prospective buyer before they sign a contract.
Given the complexity of the document and the legal consequences of errors, working with a professional is strongly recommended regardless of the sale method.
Your Section 32 Checklist
Before listing your property for sale in Victoria, confirm:
- A qualified conveyancer or solicitor has been engaged to prepare your Section 32
- All mandatory certificates have been obtained (council, SRO, VicRoads, etc.)
- Building permits from the past seven years are included
- An Owner Builder Defects Report is included (if applicable)
- A Zoning Certificate is included
- An Owners Corporation Certificate is included (if applicable)
- Outgoings are disclosed
- A Due Diligence Checklist is included
- The statement has been signed by the vendor or their legal representative
- The statement is less than three months old
Find the Right Agent and Conveyancer for Your Victorian Sale
Selling property in Victoria involves navigating significant legal requirements. The right real estate agent will have professional connections to qualified conveyancers and solicitors who can ensure your Section 32 is prepared correctly—protecting you legally and keeping your sale on track.
LocalAgentFinder lets you compare local Victorian real estate agents upfront, for free—including their sales history, commission rates, marketing fees, and homeowner reviews.
Compare Real Estate Agents in Victoria | Get Conveyancing Help via Dott & Crossitt
Key Takeaways
- Section 32 is a legal requirement for all Victorian property sales—without it, a buyer can walk away from the contract
- The Vendor's Statement is the document; Section 32 is the law that requires it
- It must be prepared by a qualified conveyancer or solicitor—not the seller or agent
- All documents are mandatory—missing items give the buyer the right to rescind
- The statement is valid for approximately three months before it should be updated
- Inaccurate or misleading information is a criminal offence carrying serious penalties
- Both digital and electronic signatures are legally accepted
- The Section 32 must be provided before the buyer signs the Contract of Sale