If you’re a first-time homebuyer in Victoria, you might come across a document called a Section 32 Statement during your property journey. It may sound like legal jargon, but it’s one of the most important parts of the conveyancing process.
In this beginner-friendly guide, we’ll explain what Section 32 is, why it matters, and how it fits into your property transfer. Whether you’re buying your first unit or a dream family home, we’ve got you covered—minus the confusing legal speak.
What Is Conveyancing?
Conveyancing is the legal process of transferring a property from the seller to the buyer. It starts when your offer is accepted and ends on settlement day—when the keys are handed over and your name goes on the title.
The process involves:
- Reviewing contracts
- Conducting property and title searches
- Preparing legal documents
- Calculating adjustments and rates
- Registering the property transfer with the land registry
This entire process is usually handled by a licensed conveyancer or solicitor.
Why Conveyancing Matters in Home Buying
Think of conveyancing as your legal and financial safety net. It ensures:
- The property is legally owned by the seller
- There are no hidden encumbrances (like unpaid debts or caveats)
- You’re aware of zoning, planning, and usage restrictions
- You get what you pay for—legally and structurally
One of the most critical components of this legal safety net in Victoria is the Section 32 Statement.
What Is a Section 32 Statement?
A Section 32 Statement, also known as a Vendor’s Statement, is a legal document provided by the seller to the buyer before a property contract is signed. It gets its name from Section 32 of the Sale of Land Act 1962 (VIC).
It gives the buyer key information about the property—so you’re not walking in blind. If the seller doesn’t provide a valid Section 32, the contract may be void or legally unenforceable.
What’s Included in a Section 32?
The document includes information that can affect your decision to buy. Here’s a breakdown of what it typically covers:
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- ✅ Title details – Confirms the seller legally owns the property
- ✅ Mortgages or loans – Reveals if the property is used as security for debt
- ✅ Covenants or easements – Legal restrictions or rights affecting the land
- ✅ Zoning certificate – Indicates what the land can legally be used for
- ✅ Outgoings – Annual fees like council rates and water charges
- ✅ Building permits (if any) – Details recent approvals or works done
- ✅ Owners Corporation Certificate – For units or apartments, includes fees and rules
- ✅ Planning overlays – Bushfire zones, flood risks, heritage restrictions, etc.
📌 Important: A Section 32 doesn’t list physical defects—so you still need building and pest inspections!
Key Stages of the Conveyancing Process (with Section 32)
Here’s how Section 32 fits into the broader conveyancing process:
1. Before Signing the Contract
- Seller’s conveyancer prepares the Section 32
- Buyer’s conveyancer reviews it for any red flags
- You decide whether to proceed with the purchase
2. Exchange of Contracts
- Once Section 32 is confirmed valid, both parties sign
- Deposit is paid and contract becomes legally binding
3. Cooling-Off Period
- You can still back out (with penalties), but only if the Section 32 was properly disclosed
4. Pre-Settlement
- Final checks, mortgage paperwork, and rate adjustments
- Final property inspection (optional but recommended)
5. Settlement Day
- Legal property transfer is completed
- You become the new registered owner
How Long Does Conveyancing Take?
With no major issues, the conveyancing process in Victoria typically takes 4–8 weeks from the time the contract is signed to settlement.
But if the Section 32 is incomplete, inaccurate, or delayed, it can:
- Stall contract signing
- Lead to disputes
- Cause the deal to fall through
🕒 Tip: Ask your conveyancer to review the Section 32 as early as possible—before you commit to anything.
Common Mistakes to Avoid During Conveyancing (and Section 32)
Even experienced homebuyers can slip up when dealing with legal documents. Here are the top mistakes:
- ❌ Skipping legal review – Never rely on your own interpretation of Section 32
- ❌ Assuming the info is always correct – Titles, zoning, and rates should all be verified
- ❌ Overlooking easements or restrictions – These can limit your future plans (like extensions or fences)
- ❌ Rushing to sign – Review everything with your conveyancer before committing
- ❌ Skipping inspections – Section 32 doesn’t cover the condition of the building
Choosing the Right Conveyancer
The right conveyancer will:
- Explain the Section 32 in plain English
- Spot red flags (like unregistered easements or planning overlays)
- Coordinate with your bank and the seller’s team
- Help you understand your rights as a buyer
- Guide you through the full conveyancing process
✅ Ask your conveyancer:
- “Have you reviewed the Section 32?”
- “Are there any concerns or missing information?”
- “Does anything in this statement affect how I use the property?”
Final Tips for First-Time Homebuyers
- 📄 Get your Section 32 reviewed before making an offer
- 🔍 Ask questions—don’t sign if you don’t understand something
- 🧾 Do your own inspections—Section 32 isn’t a home condition report
- 📞 Stay in touch with your conveyancer throughout the process
- 💰 Budget for extras like stamp duty, mortgage fees, and moving costs
Conclusion: Section 32 Protects You—If You Read It Right
The Section 32 Statement might seem like just another document—but it can make or break your property deal. Understanding it (with your conveyancer’s help) gives you peace of mind and legal protection in your first home purchase.
🎯 Have questions about the Section 32 or the conveyancing process?
Drop them in the comments or reach out to a trusted conveyancer near you. A little legal clarity today can save you from big headaches tomorrow.
