The Section 32 Vendor’s Statement: A Seller’s Legal Checklist

Preparing to sell your property in Victoria is an exciting time. You’re thinking about staging, choosing an agent, and anticipating the market’s response. But before the first photo is taken or the first open house is scheduled, there’s a critical legal document that demands your attention: the Section 32 Vendor’s Statement.

This isn’t just another piece of paperwork. It’s the foundation of your sale. 

A thorough, accurate Section 32;

• builds buyer confidence
• facilitates a smooth transaction, and, most importantly
• protects you from future legal disputes. 

A flawed or incomplete one can de-rail a sale, delay settlement, or even leave you liable for compensation!

At Skilled Conveyancing, we specialise in preparing watertight Section 32 statements. 

To de-mystify the process, we’ve created this essential checklist of the documents and searches required for a legally compliant Section 32 in Victoria.

Your Section 32 Checklist: The Documents You Need

Gathering this information early is the key to a stress-free sale. Here’s what you need:

1. Title Documents

• What it is: The Certificate of Title from Land Use Victoria, proving your ownership.
• Why it’s crucial: It confirms you have the legal right to sell the property. It also reveals any mortgages or covenants (restrictions) on the Title.
• The risk of error: An incorrect Title check can lead to a failed settlement. If a covenant (e.g., a building material restriction) isn’t disclosed, a buyer could sue you.

2. Planning Certificates

• What it is: A report from your local council detailing zoning, overlays, and any restrictions affecting the property.
• Why it’s crucial: It informs buyers about what they can and cannot do with the land (e.g., heritage overlays, vegetation protection, development and planning restrictions).
• The risk of error: If a planning overlay is missed, a buyer could claim they were misled about the property’s development potential, potentially rescinding the contract or seeking damages.

3. Building Permits & Certificates of Final Inspection

• What it is: Documents for any building work done in the last 10 years, including renovations, extensions, decks, or even a carport which will detail any current Notice/s or Order/s outstanding by Council.
• Why it’s crucial: They prove that the work was approved by a surveyor and complies with building regulations.
• The risk of error: The absence of permits for visible structures raises a major red flag for buyers. It suggests illegal building work, which can affect insurance and safety, often causing a buyer to withdraw or demand a significant price reduction.

4. Owners Corporation Certificates (If Applicable)

• What it is: A comprehensive set of documents from the Owners Corporation manager for units, townhouses, or any property on a strata plan.
• Why it’s crucial: It provides vital financial and operational health of the OC, including fees, planned maintenance, sinking fund status, and any ongoing disputes. It should also include any knowledge of “cladding” and/or any Building defects to the property.
• The risk of error: Failing to provide an up-to-date certificate is a serious breach. If a buyer discovers a hidden multi-thousand-dollar special levy after purchase, you could be held responsible.

5. Rates Notices

• What it is: Current council and water rate notices.
• Why it’s crucial: These allow for the accurate calculation of adjustments at settlement, ensuring the buyer only pays for the rates from the date they become the owner plus determine, in the case of the Water Encumbrance certificate, the location of easements and/or possible man hole on the property which should be checked to ensure that no building or structure is built over them.
• The risk of error: Outdated notices lead to miscalculations, causing disputes and potential delays on settlement day.

6. Other Considerations:

• Bushfire Attack Level (BAL) Report: May be required in designated bushfire-prone areas.
• Land Information Memorandum: May be requested for specific property history.
• Easements & Covenants: Must be clearly identified on the plan and explained.

Why a Professional Preparation is Non-Negotiable

As you can see, the Section 32 is a complex web of inter-connected documents. Sourcing them yourself from various councils, water authorities, and OC managers is a time-consuming and confusing task. 

A single missed document or an error in a certificate can bring your sale to a grinding halt just as you’re about to exchange contracts.

This is where our expertise becomes your greatest asset. At Skilled Conveyancing, we manage the entire process for you. We:

• Identify precisely what you need based on your specific property and instructions.
• Liaise directly with councils, water authorities, and OC managers to obtain the correct, current documents.
• Meticulously compile and review everything to ensure 100% accuracy and compliance with the Sale of Land Act 1962.
• Provide peace of mind that your sale is built on a solid, legally sound foundation.

A professionally prepared Section 32 does more than just protect you – it signals to buyers and their conveyancers that you are organised, transparent, and serious. 

It attracts confident, qualified buyers and helps facilitate a faster, smoother sale.

Get your sale off to the right start. 

Contact Skilled Conveyancing today on 03 9729 3512 or email us to prepare an air tight Section 32 that protects your interests and paves the way for a fast, supportive and stress-free settlement