Why You Should Review Section 32 Before Making an Offer on a Victorian Property

Why You Should Review Section 32 Before Making an Offer on a Victorian Property

The photos show you the kitchen. Section 32 shows you everything the photos leave out. Read it before you offer, not after you sign.

Buying a home in Melbourne moves fast. You inspect on Saturday morning, you fall in love by lunchtime, and the agent wants an offer before Monday. There is a Section 32 vendor statement somewhere in all that chaos. A licensed conveyancer in melbourne will read every page of it before you commit to anything. 

Most buyers just flick through it. That is a shame, because this one document tells you what you are really buying.

Not the paint colour or the garden. The rules, the debts and the limits that are stuck to the land itself.

This guide explains what a Section 32 is, what it quietly leaves out, and why you should read it before you make an offer.

01 - The Basics

What is a Section 32 vendor statement?

A Section 32 is a document the seller must give you before you sign the contract of sale. People also call it a vendor statement, or just an “S32”.

Section 32 of the Sale of Land Act of 1962 is where the name originates.That law lists exactly what the seller has to tell you.

According to Consumer Affairs Victoria, the statement covers information about the property’s title. That includes things like rates, mortgages, covenants, easements, zoning, and other costs. It must also say if the land sits in a bushfire-prone area.

Here is the simplest way to picture it. The house is the part you can see. Section 32 is the part you cannot.

The seller’s conveyancer or lawyer usually prepares it. The agent then makes it available to buyers, normally before the sale or the auction.

02 - Two Different Jobs

What's the difference between Sec. 32 and the Contract of Sale?

Buyers mix these two up all the time. They usually arrive stapled together, so that is fair enough. But they do very different jobs.
QuestionSection 32 Vendor StatementContract of Sale
What is it?A disclosure document. It tells you facts about the land.A binding agreement. It commits you to buying.
Who prepares it?The seller's conveyancer or lawyerThe seller's conveyancer or lawyer
When do you get it?Before you sign anythingAt the point you sign and exchange
What is it for?Helping you decideLocking in the deal
Read it before offering?Yes, this is the one that changes your mindYes, along with any special conditions

One tells you the truth about the land. The other ties you to buying it.
This is why a conveyancer reviews both documents side by side, rather than one at a time.

The contract is also where the extra clauses sit, such as a “subject to finance” clause. If you want to understand those, read our guide on special conditions in contracts for buyers and sellers. 

03 - The Timing Trap

Why "before you offer" beats "before you sign"

Here is the gap that catches people out. The law says the seller must hand you the Section 32 before you sign. It does not say they must hand it to you before you offer.

Those two moments can be days apart. A lot happens in between.

Once your offer is accepted, everything speeds up. The agent starts ringing. A deposit is due. The property comes off the market, and other buyers move on.

Now picture finding a problem at that exact moment. A covenant that blocks the extension you had already sketched out. An owners corporation in the middle of a legal dispute. You are trying to sort it out inside a live deal, with money and pride already on the table.

Read the document first and the whole thing flips around. You can ask calm questions. You can offer less. You can walk away and lose nothing but an afternoon.

This is not just our opinion. The Victorian government’s own guide for buyers and sellers gives buyers one clear instruction. Have a legal practitioner or conveyancer carefully check the vendor statement before you make an offer or bid at an auction.

04 - What To Check

What a conveyancer in Melbourne actually checks

Section 32 is rarely one page. It is a bundle of certificates, searches and disclosures, and the important bits are seldom at the front.

Here is what a proper property contract review covers before an offer goes anywhere.

Title and plan of subdivision

Who legally owns the land, and where the boundaries actually sit. Not where the fence sits, where the title says.

Mortgages, caveats and covenants

A covenant is a set of rules that are stuck to the land. Some limit height, building materials, or how many homes you may build.

Owners corporation papers

For units and apartments. The certificate lists the work that is going to be done, any fee increases, and any legal claims that affect the property.

Zoning and overlays

Heritage controls in the inner suburbs. Bushfire controls out towards the Yarra Ranges. Both limit what you can change.

Building permits from the last 7 years

If there is a home on the land, permits issued in the previous seven years must be disclosed. Missing ones raise questions.

Notices from authorities

Council or government notices that travel with the land, such as a proposal to acquire part of it for a road.

If any of that sounds unfamiliar, that is normal. It is the reason Melbourne conveyancing exists as a job.

Send us the Section 32 before you offer

Have a licensed Victorian conveyancer read it first, so you know exactly what you are bidding on.

05 - Where Buyers Get Caught

Five mistakes Melbourne buyers make with the Section 32

Even careful buyers get caught by these. They are the five problems a conveyancer sees most often when a Section 32 is read too late.

Treating it as paperwork.

It gets skimmed for a signature instead of read for content. A busy Melbourne auction weekend makes this far worse, because every buyer feels behind.

Counting on the cooling-off period.

It is shorter than people think, and at auction it does not exist at all. There is more on this in the next section.

Skipping the attachments at the back.

The title search, the owners corporation certificate and the land information certificate are usually bundled last. That is where the real surprises tend to live.

Trusting an old statement.

Consumer Affairs Victoria notes that a Section 32 is sometimes prepared up to 12 months before the sale. If you are buying an apartment, ask for a fresh owners corporation certificate before settlement.

Assuming "nothing disclosed" means "nothing wrong."

The statement only has to cover what the law requires. It stays completely silent on a lot of things that matter.

06 - The Blind Spots

What a Section 32 does not tell you

This is the part most buyers miss, and it is spelled out plainly in the Victorian government’s own guide.

The vendor statement does not tell you about the condition of the buildings. It does not tell you whether those buildings follow building rules. It does not promise that the measurements on the title are correct.

Consumer Affairs Victoria puts the job squarely on the buyer: it is your responsibility to find out about anything the vendor statement does not cover.

So a clean Section 32 does not mean a sound house. A building inspection and a pest inspection are separate steps, and they are worth doing.

A conveyancer can point out which extra reports are worth ordering for that particular property.
There is one more warning worth repeating. If a past owner built something without the right permit, that problem can quietly become yours once you sign.

And no, cooling off will not rescue you

Buyers often treat the cooling-off period as a safety net. It is thinner than it looks.

For a private sale in Victoria, you get three clear business days from the date you sign. To end the contract, you must give written notice. That is not long to arrange finance, book inspections and review a contract from scratch.

At auction, you get nothing. There is no cooling-off period if you buy at a public auction, or within three clear business days either side of one. Auction contracts are unconditional.

It also does not apply to some other purchases. Those include industrial or commercial property, farming land over 20 hectares, and buyers who are estate agents or companies.

If you might bid on a Saturday, every check needs to be finished by Friday. Consumer Affairs Victoria’s due diligence checklist is a useful starting point alongside a professional review.

07 - How We Help

What happens when you send us a Section 32

Getting a review done before you offer should not slow you down. It is one of the most routine jobs in Melbourne conveying, and here is how it runs.

STEP 01

Send it over

Email or upload the Section 32 as soon as the agent gives it to you, well before you commit to anything.

STEP 02

We read every page

Title, covenants, owners corporation, zoning and overlays, permits and notices, plus every certificate at the back.
STEP 03

You get plain English

A short summary of anything that should change your offer, your price, or your mind. No legal fog.
STEP 04

You offer with clear eyes

Negotiate, adjust, or walk away. Whatever you decide, you decide it knowing the facts.

Planning to live in the property yourself rather than rent it out? That decision affects other parts of your purchase too; our guide on why PPOR matters in property transactions explains how. 

08 - Quick Reference

Key words you will see in a Section 32

Getting a review done before you offer should not slow you down. It is one of the most routine jobs in Melbourne conveying, and here is how it runs.

VENDOR

The person or company selling the property.

COVENANT

A rule attached to the land that limits what you can build or do there.

EASEMENT

Someone else's right to use part of your land, often for water or drainage pipes.

CAVEAT

A warning noted on the title that another party claims an interest in the land.

OWNERS CORPORATION

The group that runs and pays for shared areas in units and apartment blocks.

RESCIND

To cancel the contract and unwind the deal.

09 - Why It Matters

The Section 32 only protects you if someone reads it properly

The law can force a seller to disclose. It cannot force a buyer to understand what they are reading.

Consumer Affairs Victoria is clear on this. If a vendor statement holds false, incorrect or insufficient information, a buyer may be able to withdraw from the sale or take legal action.

But please do not treat that as a guaranteed escape hatch. Under section 32K of the Sale of Land Act 1962, that right runs out once you accept the title. It is not automatic even before then. The seller has a defence if they acted honestly and reasonably and the buyer is left in substantially as good a position as if the statement had been correct.

In other words, “I can always cancel later” is a weak plan. Reading the document early is a strong one.

One current note for 2026. Since 1 July 2026, conveyancers and lawyers have been covered by Australia’s anti-money-laundering rules, so expect to show proof of identity when you engage one. It is a new step for everyone, and it is completely normal.

That is the real work behind good property conveyancing in Melbourne. You read the statement the way the law intends. Then you explain, in ordinary words, what it means for the buyer.

Choosing the best conveyancer in Melbourne for your purchase really comes down to one simple test. Will they actually read every page, and can they explain it back to you in words you understand? 

Conclusion

Read it before you fall in love with the house

A Melbourne property purchase moves quickly, and almost everything in the process pushes you to hurry. Section 32 is the one thing that slows you down in a good way.

It tells you what comes with the land, what limits it, and what the listing photos will never show you.

Read it before you offer, and you are negotiating with facts. Read it after you sign and you are simply hoping.

Would you like a licensed team to go through yours? Eagle Peak Conveyancing reviews Section 32 vendor statements and contracts of sale for buyers across Melbourne and Victoria.

FAQ

Section 32 - common questions

It is a document the seller must give you before you sign the contract of sale, named after section 32 of the Sale of Land Act 1962. Consumer Affairs Victoria says it sets out information about the property’s title, including mortgages, covenants, easements, zoning and outgoings such as rates, plus a declaration if the land is in a bushfire-prone area.
You can, but it shifts all the risk onto you. The seller only has to provide it before you sign, not before you offer. Consumer Affairs Victoria advises buyers to have a legal practitioner or conveyancer carefully check the vendor statement before making an offer or bidding at an auction.
It is not a safe substitute. A private sale gives you three clear business days from the date you sign, and you must give written notice to end the contract. There is no cooling-off period at all if you buy at a public auction, or within three clear business days either side of one. It also does not apply to some commercial, industrial, large farming and company purchases.
Consumer Affairs Victoria states that if the statement contains false, incorrect or insufficient information, a buyer may be able to withdraw from the sale or take legal action. Under section 32K of the Sale of Land Act 1962, that right applies before you accept title, but it is not automatic; the seller has a defence if they acted honestly and reasonably and you are substantially in as good a position anyway.
No. Consumer Affairs Victoria confirms the vendor statement does not cover the condition of buildings, whether they comply with building regulations, or whether the title measurements are accurate. It is the buyer’s job to find out about anything not covered, which is exactly why a building inspection and a pest inspection are separate steps.
Talk to a conveyancer before your next offer.
A short conversation now is a lot easier than a long problem after settlement.

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