Selling Property in Victoria: Get Your Section 32 Right
Start before the listing
Most delays and disputes on a sale trace back to a Section 32 statement and contract put together in a hurry. Start before the agent lists the property. Once the Consumer Legislation Amendment Act 2026 (Vic) commences (by 1 June 2027 at the latest), the statement must be available 14 days before an auction or fixed-date sale.
Make sure the land described in the contract and the Section 32 matches the title and plan, including any car space or storage lot. If there is a mortgage, tell your lender early. The discharge is arranged with the lender through PEXA at settlement.
What to disclose
Disclose all easements, covenants and restrictions, registered or not. That includes drainage and sewerage easements, restrictive covenants and section 173 agreements. Getting this wrong is one of the most common ways a buyer gets a right to rescind.
Tell your lawyer if the property is leased (even on a periodic or expired lease), occupied under a licence, or subject to a shared access or fencing arrangement with a neighbour. If you promise vacant possession and cannot give it, you are in breach.
Where there is a house, the Section 32 must include particulars of building permits issued in the last seven years (s 32E). Get a council building information certificate rather than relying on memory. If you did work as an owner-builder and sell within the prescribed period (generally six and a half years from completion), you need a current defects report and insurance before signing (Building Act 1993, s 137B). Pools and spas must be registered with council and have a current barrier compliance certificate.
Inclusions, notices and contamination
List what stays and what goes, especially light fittings, window furnishings and anything attached to the walls. Gather rates, water, land tax and owners corporation notices. Outgoings must be disclosed and are adjusted at settlement.
Disclose current council, water authority or building notices and orders, and any VCAT proceedings affecting the land. If the land has had industrial use, fuel storage or underground tanks, or you hold asbestos or soil reports, tell your lawyer before marketing. Some notices must be disclosed in the Section 32, and staying silent about a known problem can lead to claims after settlement.
A complete Section 32 makes your sale harder to unwind and easier to negotiate. Send us the title, any permits and notices you hold, and the agent's timetable. Call (03) 8658 7069.
General information only, not legal advice. For advice on your matter, call MWBL Consulting on (03) 8658 7069.