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You’ve done the Saturday inspection loop, you’ve grabbed a coffee, and there it is: the house that feels right. The agent asks, ‘Are you ready to put something in writing?’ It’s tempting to say yes and sort the legal stuff later.
In Victoria, you can put forward an offer without having a conveyancer lined up. The catch is that offers and contracts can blur quickly, especially in Melbourne where pre auction offers and ‘sign here’ requests are common.
If you want a clear run-through of the general making an offer process from a Victorian point of view, it helps to read that before you start firing emails to agents.
Offer now, commitment later: the line that matters
An offer is you telling the seller what you’re willing to pay and on what terms. A contract is the legal document that locks the deal in.
In Melbourne, many agents will ask you to sign the contract as part of your ‘offer’. That’s where buyers get surprised. The moment you sign a contract of sale, you’re usually signing an offer in contract form. If the seller accepts it, you’re bound. Your ability to change your mind may be limited, and in auction related situations it can be close to zero.
So the practical question isn’t only ‘Can I make an offer without a conveyancer?’ It’s ‘Can I safely sign anything without a conveyancer?’
What a conveyancer actually does before you sign
A good conveyancer isn’t just there for settlement day. The early work is where the risk is managed.
When we talk about conveyancing services, pre offer support usually includes:
Reading the contract and special conditions to spot clauses that shift risk to you
Reviewing the vendor disclosure documents, including the Section 32, for red flags and gaps
Checking title basics, plus common Melbourne issues like easements, covenants and owners corporation rules
Helping you structure conditions (finance, building and pest, due diligence) that suit your situation
Flagging timing traps, like pre auction offers that leave you with no cooling off rights
That sounds like a lot, because it is. Yet it’s often a fast review that helps you decide whether to walk away, renegotiate, or proceed with confidence.
The Melbourne timing trap: auction, pre auction, and private sale
The safest steps depend on how the property is being sold.
Private sale and fixed price
With a standard private sale, you usually have room to move. You can ask for the contract pack, line up an inspection, and put forward an offer that includes conditions. You may also have a short statutory window to cool off after signing (more on that below).
Even so, ‘private sale’ in Melbourne can still move at speed. It’s normal to see deadlines like ‘all offers by five pm Monday’ after weekend opens.
Pre auction offers
Pre auction offers are where buyers think they have the safety of a private sale, then learn too late that they’ve stepped into auction rules.
If the vendor accepts your signed offer within three clear business days before the scheduled auction, the cooling off right will not apply. The sale can be as binding as an under the hammer purchase. That’s why pre auction paperwork needs the same level of care as an auction contract review.
Buying at auction
At auction, there is no cooling off. If you win the bid, you sign and pay the deposit on the day. Any due diligence must be done before you bid, not after.
If you’re making an offer without a conveyancer, do this first
Sometimes you’re genuinely stuck. It’s a Sunday evening, you haven’t engaged a conveyancer, and the agent wants an answer tonight. If you’re not signing a contract yet, you can still take sensible steps.
Ask for the full contract pack straight away
Request the contract of sale and the vendor statement. In Victoria, the vendor must provide the disclosure documents before the buyer signs.
This is often called the Section 32 vendor statement. It’s not light reading, yet it’s where many deal breakers live.
Put guard rails around your offer
If you can, make your offer subject to:
Contract and vendor statement review by your conveyancer
Satisfactory finance approval
Satisfactory building and pest inspection (when relevant)
Any specific needs you have, like selling your current property or confirming council approval for works
Agents may push back, especially in a tight market. Still, those conditions are a fair way to protect yourself, and many vendors accept them.
Use clear, plain wording the agent can’t ‘misread’
You don’t need fancy legal phrasing. Something like this is often enough for a private sale:
‘I’m offering $X, subject to contract and vendor statement review by my conveyancer, and subject to finance and building and pest inspection. This offer is open until [time and date].’
If the property is linked to an upcoming auction, treat it as an auction style purchase and get advice before signing anything.
Be careful with ‘holding deposits’
Some agents talk about paying a holding deposit to show you’re serious. It can create confusion about what you’ve agreed to, and it may not give you the protection you think it does. If money is being requested before you’ve had documents reviewed, slow the pace and get guidance.
Why Melbourne buyers get caught when they skip the review
Most buyers aren’t reckless. They’re under pressure. Melbourne inspections run back to back, agents call on Sunday night, and buyers worry the property will be gone by Monday.
Here are the issues we see most when someone signs first and reads later.
Special conditions that change the deal
The standard contract forms are one thing. Special conditions are where the ‘gotchas’ sit. Examples include:
Short settlement dates that don’t match your finance timing
Requirements for you to accept a property condition that your inspector hasn’t assessed yet
Clauses that limit your ability to claim a defect or delay
Extra costs pushed onto you, like certain certificates or adjustments
None of these are automatically wrong. The problem is agreeing to them without realising what they mean.
Restrictions you can’t see at the inspection
The charming weatherboard in the inner north might have a drainage easement right where you wanted to extend. A townhouse might have an owners corporation rule that blocks short stay letting. A period home in a heritage overlay area might make your renovation plans harder and more expensive.
These points tend to show up in the paperwork, not on the kitchen bench during an open for inspection.
Owners corporation surprises in apartments and townhouses
If you’re buying a unit, apartment or townhouse with an owners corporation, you’re stepping into a shared building with shared decisions. You want to know about fees, insurance, maintenance plans, and any major works being discussed.
A lift upgrade, façade rectification, or cladding related work can mean a special levy. Even when everything is well managed, you should go in with your eyes open.
Finance friction after you’ve committed
Loan approval isn’t only about your income. Banks assess the property too. If the valuation comes in low, or the property has features the lender doesn’t like, you may have to find extra funds quickly.
At auction, failing to settle can mean losing your deposit and facing other claims. That’s a big risk to take on without sorting finance before you bid.
The cooling off period: helpful, but not a free pass
In a private sale of residential property, buyers in Victoria usually have a three clear business day cooling-off periodafter signing. If you withdraw in that window, a small penalty applies (often the greater of $100 or 0.2 per cent of the price). The details matter, including when the period starts and when it ends.
Cooling off does not apply in several common situations, including buying at auction, and buying within three clear business days before or after an auction.
Even where cooling off is available, it’s not a relaxed ‘see how you feel’ window. If you need to pull out, you must do it correctly and quickly, usually in writing. If you’re in that position, get advice straight away.
Auction reality check: do your homework before you raise your hand
Auction day in Melbourne has its own atmosphere. It’s loud, fast, and it can feel like everyone else has already done the homework.
If you’re thinking about bidding, here’s the practical order that works for most buyers:
Ask for the contract pack early in the campaign, not the night before
Arrange a building and pest inspection early if you want one
Confirm finance with your lender or broker and understand any conditions
Get the contract reviewed and clarify any red flags before auction day
Plan your deposit method (transfer, bank cheque, or bank guarantee, depending on what’s accepted)
Know your walk away number before the auctioneer starts
If you’ve never bid before, it also helps to watch a few auctions in the area. A half hour on a Saturday can teach you a lot about pace and tactics.
What to look for in the Section 32 and contract
The vendor statement and contract documents can feel like paperwork for the sake of it. They’re not. They’re the map of what you’re buying and what you’re agreeing to.
A review will usually focus on things like:
Title details, plus any easements or covenants
Planning and zoning information, including overlays that affect what you can do with the property
Services and outgoings, such as water, council rates and land tax information (where relevant)
Owners corporation information for strata properties
Any notices, building orders, or issues the vendor must disclose
Special conditions that change risk, timing, or cost
If you want a simple guide you can keep on your phone before each open, our property buying checklist is a useful starting point.
Off the plan and new builds: extra clauses to take seriously
Melbourne has a steady stream of off the plan apartments and townhouse developments. They can suit buyers who want a new home, yet they come with contracts that are often longer and more detailed than a standard house sale.
Watch for items like:
Sunset dates and the rules around delays
Variations to finishes, layouts, or common areas
How deposits are held, and when payments are due
Owners corporation set up documents
Any incentives that sound great but are tied to strict conditions
This is one of those areas where a quick review can save months of stress later.
If you’ve already made an offer, what now?
There are two common scenarios.
You’ve made an offer, but you haven’t signed the contract
Good. You still have room to pause and get the paperwork reviewed. Ask the agent for the contract pack, send it through, and tell the agent you’re ready to move once your conveyancer has checked it. That’s a normal request in Melbourne.
You’ve signed something and you’re worried
Don’t ignore the feeling in your gut. Time matters once documents are signed.
If it’s a private sale and cooling off might apply, urgent advice can help you work out your options and the right way to give notice if you need to withdraw. If it’s auction related, the options are narrower and you’ll want quick guidance on what can be done and what can’t.
So, can you make an offer without a conveyancer?
Yes, you can.
If you keep it to a written offer that is clearly subject to review and you don’t sign anything binding, you can often buy yourself time. The moment you’re asked to sign the contract, especially for an auction or a pre auction offer, that’s the point where professional review moves from ‘nice to have’ to ‘don’t skip it’.
If you’d like help before you commit, Pearson Chambers Conveyancing can review the contract pack and talk you through the risks. We offer a complimentary contract review service for the Section 32 and contract pack, so you can make a decision with clear eyes.
You can reach us here:
Email: contact@pearsonchambers.com.au
This information is general only and isn’t legal advice. For advice about your situation, please contact our team.