Conveyancing
Sale of Property
We manage your property sale with precision and professionalism — from preparing your Contract of Sale and Section 32 Statement through to a smooth, on-time settlement.
Selling a property in Victoria involves a series of legal obligations that must be met before you can list, negotiate, and settle. The process begins well before you accept an offer — a compliant Section 32 Vendor Statement and Contract of Sale must be prepared before the property is advertised. At Legal Wave, our conveyancing lawyers manage every aspect of your sale, protecting your interests and ensuring the transaction proceeds smoothly from start to finish. We use PEXA for electronic settlement, providing a faster, more secure settlement experience.
How We Can Help
Section 32 Vendor Statement
We prepare a complete and accurate Section 32 Vendor Statement that discloses all legally required information about your property — including title details, zoning, outgoings, easements, covenants, building permits, and any notices affecting the land. An incomplete or inaccurate Section 32 can give the buyer the right to withdraw from the contract, even after signing.
Contract of Sale Preparation
We draft a clear, compliant Contract of Sale tailored to your property and circumstances. Every clause is reviewed to protect your interests — including deposit terms, settlement date, conditions, and the treatment of chattels and fixtures. We ensure the contract complies with the Sale of Land Act 1962 (Vic) and all relevant legislation.
Negotiation and Contract Amendments
We provide strategic guidance throughout negotiations, reviewing offers and advising on amendments or special conditions. We liaise with agents, purchasers, and their legal representatives to secure fair terms and protect your position throughout the negotiation process.
Electronic Settlement via PEXA
We are registered PEXA members and conduct settlements electronically through the PEXA platform. Electronic settlement is faster, more secure, and eliminates the risk of cheque fraud or manual errors. Funds are transferred directly to your nominated account on settlement day.
5 Things Every Seller Should Know
You Must Have a Section 32 Before Advertising
Under the Sale of Land Act 1962 (Vic), a vendor must provide a Section 32 Vendor Statement to a prospective purchaser before they sign a Contract of Sale. The statement must be prepared and signed by your lawyer before the property is advertised. Providing an incomplete or inaccurate Section 32 can give the buyer the right to rescind the contract.
Disclose All Building Works and Permits
Any building works, renovations, or structural changes must be properly disclosed in the Section 32. This includes building permits, occupancy certificates, owner-builder warranties, and any unapproved works. Failure to disclose can expose you to claims from the buyer after settlement.
Auction Sales Are Unconditional
If you sell by auction, the sale is unconditional once the hammer falls — there is no cooling-off period and no finance or building inspection conditions. This means the buyer must be ready to exchange contracts and pay the deposit immediately. We prepare your auction contracts and advise on the legal implications of the auction process.
Tenanted Properties Require Additional Disclosure
If your property is currently tenanted, all lease details must be disclosed in the Section 32, including the lease term, rent, bond, and any special conditions. Buyers must be fully informed of any existing occupancy agreements. We ensure all tenancy disclosures are accurate and legally sound.
Foreign Resident Capital Gains Withholding May Apply
If you are a foreign resident for tax purposes and the property is sold for $750,000 or more, the purchaser is required to withhold 12.5% of the purchase price and remit it to the ATO. If you are an Australian resident, you will need to provide a clearance certificate from the ATO to avoid withholding. We advise on this requirement and assist with obtaining the clearance certificate.
Frequently Asked Questions
Ready to Sell Your Property in Victoria?
Our conveyancing lawyers provide expert, fixed-fee legal support for your property sale. Contact us today for an initial consultation.