Do I need a Section 32 to sell my property in Victoria?

Yes. Under the Sale of Land Act 1962 (Vic), the vendor must give the buyer a signed Section 32 vendor statement before the buyer signs the contract. It discloses title, financial matters and outgoings, land use (easements, covenants, planning and bushfire status), public authority notices, building permits in the past seven years, owners corporation details, growth areas infrastructure contribution, and which services are connected. A conveyancer or lawyer prepares it.

What happens if my Section 32 statement is wrong or incomplete?

Section 32 of the Sale of Land Act 1962 lets the buyer rescind the contract before they accept title (in practice, before settlement) if the vendor supplied false information or failed to disclose something the section requires. Consumer Affairs Victoria states that a false, incorrect or insufficient statement may let a buyer withdraw or take legal action. There is a limited defence where the vendor acted honestly and reasonably, but sellers should not rely on it, which is why a conveyancer prepares the statement.

How much does it cost to sell a house in Victoria?

Conveyancing for a seller typically costs about $880 to $2,200 for the professional fee (a market estimate, GST inclusive), often nearer the top of that range because of the Section 32 work, plus disbursements for the searches and certificates that go into the statement. On top of conveyancing sit any mortgage discharge fee and estate agent commission, which is usually the largest selling cost. Sellers do not pay land transfer duty.

What is the difference between the estate agent and the conveyancer when selling?

The estate agent markets the property, runs inspections and the negotiation or auction, and holds the deposit in trust for a commission. The conveyancer or lawyer prepares the Section 32 vendor statement and the contract, orders the searches, coordinates the mortgage discharge, and completes settlement. The agent cannot prepare the Section 32 or give legal advice; the conveyancer does not market the property.

Selling property in Victoria: costs and the Section 32 you must provide

Q: Do sellers pay stamp duty in Victoria?

No. Land transfer duty (Victoria's name for stamp duty) is paid by the buyer, not the seller, on a standard residential sale. A seller's costs are the conveyancer or lawyer's professional fee, the Section 32 disbursements, any mortgage discharge fee charged by their lender, and estate agent commission. Any capital gains tax is a separate federal matter.

Selling in Victoria puts one legal obligation on you before the property is even advertised: the vendor must prepare a signed Section 32 vendor statement and give it to the buyer before they sign the contract. That single duty shapes a seller's costs, timing and risk more than anything else. This guide covers what you must disclose, who does the work, what selling actually costs, how a mortgage is discharged, and what happens on settlement day from the vendor's side.

This guide provides general information only. It is not legal advice. For advice specific to your sale, engage a licensed Victorian conveyancer or property lawyer.

Key points

Before a buyer signs, you must give them a signed Section 32 vendor statement disclosing title, financial matters, land use, notices, building permits, owners corporation, GAIC, services and more.
A false, incorrect or incomplete Section 32 can let the buyer rescind before settlement, so accuracy is the seller's single biggest legal risk.
The estate agent markets the property and negotiates price; your conveyancer or lawyer prepares the Section 32 and contract and runs settlement. They are different roles.
A seller does not pay land transfer duty (that is a buyer cost). Your costs are the professional fee, the Section 32 disbursements, any mortgage discharge fee, and agent commission.
A Victorian conveyancer or lawyer typically charges about $880 to $2,200 for a standard sale (market estimate, GST inclusive); sellers often sit at the higher end because of the Section 32 work.

The seller's side of a Victorian sale

A Victorian sale front-loads the seller's work. Unlike a buyer, whose most important task (reviewing the contract) happens in the days before signing, a seller's central obligation is discharged before the property is marketed at all. Under the Sale of Land Act 1962 (Vic), you must have a completed and signed Section 32 vendor statement ready to give any prospective buyer before they sign the contract of sale. Everything else, from agreeing a price to settling, follows from having that statement right.

In broad order, selling in Victoria runs: appoint an estate agent and a conveyancer or lawyer; have your conveyancer prepare the Section 32 and the contract; market the property; accept an offer (private sale) or sell under the hammer (auction); pass through the buyer's cooling-off period on a private sale; and complete settlement, usually electronically, when the price is paid and title transfers out of your name.

Your Section 32 duty and what it must disclose

The Section 32 statement (its formal name is the vendor's statement) is the document at the centre of a Victorian sale. Section 32 of the Sale of Land Act 1962 sets out, across its lettered provisions, the matters you must disclose. In practice these fall into nine groups:

Financial matters (s32A): rates, taxes, charges and other outgoings affecting the land, and any money owing under a mortgage or terms contract.
Insurance (s32B): particulars of any building or owner-builder insurance where the law requires them.
Land use (s32C): easements, covenants and other restrictions on the title, whether registered or not, the planning scheme that applies, road access, and whether the land is in a designated bushfire prone area.
Notices (s32D): any notice, order, declaration, report or recommendation of a public authority that affects the land, and any agricultural chemical or livestock disease notices.
Building permits (s32E): particulars of any building permit issued in the seven years before the sale where there is a residence on the land.
Owners corporation (s32F): if the property is part of an owners corporation, its certificate, rules, fees and other prescribed information.
Growth areas infrastructure contribution (s32G): whether the land is in a contribution area and any liability that applies.
Services (s32H): which of the standard services (electricity, gas, water, sewerage and telephone) are not connected to the land.
Title (s32I): evidence of your right to sell, including a title search, the plan and any documents referred to on the title.

Gathering this is the bulk of the seller's conveyancing job, because most of it requires ordering certificates and searches from councils, water authorities, the titles office and any owners corporation. The deeper, buyer-facing walkthrough of every category is in the Section 32 vendor statement guide.

What a defective Section 32 costs you

The reason accuracy matters so much is the buyer's remedy. Section 32 of the Act gives a purchaser a right to rescind the contract before they accept title (in practice, before settlement) where the vendor supplied false information in the statement, or failed to supply information the section requires. Consumer Affairs Victoria puts it plainly: if the vendor's statement contains false, incorrect or insufficient information, a buyer may be able to withdraw from the sale or take legal action.

The Act does provide a defence where the vendor acted honestly and reasonably and the purchaser is substantially in as good a position as if the statement had been complete, but you should not rely on it: a rescission days before settlement can collapse the sale, and if you have already committed to buying elsewhere, the consequences are expensive. This is exactly why sellers engage a conveyancer or lawyer to prepare the statement rather than attempting it themselves. (This guide describes the statutory position; it does not summarise case law, and your own conveyancer will advise on your specific statement.)

Estate agent versus conveyancer: who does what

Two professionals are usually involved on the seller's side, and they do different jobs:

The estate agent markets the property, conducts inspections and the auction or private-sale negotiation, and holds the deposit in trust. An agent is licensed under estate agent legislation and paid a commission. An agent does not prepare the Section 32 or the contract, and cannot give you legal advice.
Your conveyancer or property lawyer prepares the Section 32 vendor statement and the contract of sale, orders the searches and certificates that go into the statement, advises on any disclosure issue those searches reveal, liaises with your lender to discharge a mortgage, and completes settlement. A licensed conveyancer handles a standard sale; a lawyer is worth using where the matter has a legal complication (a deceased estate, a dispute, a trust or company structure).

You can engage your conveyancer before you appoint an agent, and there is an argument for doing so: the Section 32 can take time to assemble, and having it ready lets the campaign start without delay. If you are still weighing which professional to use, our conveyancer versus solicitor guide explains the difference.

Seller conveyancing costs in Victoria

A seller's costs look different from a buyer's, because your conveyancer's core task is preparing the Section 32 and the contract rather than reviewing them. The main items are:

Cost item	Typical treatment	Paid to
Conveyancer or lawyer professional fee	About $880 to $2,200, often nearer the top for a sale (market estimate, GST inclusive)	Your conveyancer or lawyer
Section 32 disbursements	Title search, council and water certificates, planning and owners corporation searches	Councils, water authorities, titles office (via your conveyancer)
Mortgage discharge fee	Charged only if a loan is registered on the property	Your lender
Estate agent commission	Usually the largest selling cost; negotiated as a percentage of the sale price	Your estate agent
Land transfer duty	Not payable by the seller (a buyer cost)	n/a

The professional-fee range is a market estimate for a standard residential matter (Conveyed and Eagle Peak, 2026), not an official schedule, and is GST inclusive. Disbursement amounts vary by council and property. Agent commission is set by your agency agreement, not by law. Any capital gains tax is a separate federal matter for your accountant, not a conveyancing cost. The full buyer-and-seller cost picture, with the duty and registry figures computed from official rates, is in the conveyancing cost Victoria guide.

Do sellers pay stamp duty in Victoria? No

Land transfer duty (Victoria's name for stamp duty) is paid by the buyer, not the seller, on a standard residential sale. It is assessed by the State Revenue Office Victoria on the buyer's purchase and is often their single largest cost, but it is not a seller expense. If you are curious how much your buyer will pay, or you are selling one home to buy another, the stamp duty Victoria guide sets out the rates and a calculator.

Discharging your mortgage

If a loan is registered against the property, it must be discharged at settlement so the buyer takes clear title. Once you have a signed contract, tell your lender you are selling and request a discharge of mortgage; lenders typically ask for several weeks' notice and charge a discharge or administration fee. Your conveyancer coordinates the timing so the lender is ready to release its security in the electronic settlement workspace at the same moment the buyer's funds arrive. The loan balance is paid out of the sale proceeds before the remaining funds reach you.

Settlement day for the seller

Most Victorian settlements now complete electronically through the PEXA platform, so there is no in-person meeting. On the day, both conveyancers are in the settlement workspace with the agreed figures. At the settlement time, the buyer's funds are transferred, your mortgage (if any) is discharged from those funds, agent commission and your conveyancing costs are accounted for, and the net proceeds are paid to you. The transfer of title is lodged with Land Services Victoria, moving ownership to the buyer. Once settlement confirms, your agent releases the keys. You should have vacated and removed your belongings by the settlement time set in the contract, because the buyer is entitled to possession as soon as settlement completes.

After settlement, Land Services Victoria registers the transfer, the title updates to show the new owner, and your conveyancer provides a settlement statement showing how the proceeds were applied.

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Conveyancing Explained provides general information about property transactions in Australia. It is not legal advice and does not create a client relationship. For advice on your situation, engage a licensed conveyancer, settlement agent, or property solicitor in your state or territory.