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If you've been doing the Saturday inspection circuit, you'll know the feeling: you're standing in a kitchen in Preston or Pascoe Vale, half imagining where the coffee machine would go, half wondering what you're missing in the fine print. The agent is friendly, the crowd is big, and the deadline is always 'soon'. That's where a good conveyancer earns their keep.
A conveyancer for buying a house isn't just someone who 'does the paperwork'. In Victoria, the paperwork is the deal. It sets out what you're buying, what you're taking on, and what can go wrong between now and settlement. The right conveyancer helps you slow the process down just enough to make smart decisions, even when the market is trying to hurry you along.
This is general information for Melbourne buyers. Every property is different, so if you'd like guidance tailored to your contract and your plans, our team at Pearson Chambers Conveyancing can help.
What a Victorian conveyancer does for buyers
Think of conveyancing as the safety rail on a steep staircase. You might not notice it when everything is smooth, but you're very glad it's there when something slips.
When you engage a conveyancer, they'll typically:
- review the contract and Section 32 (Vendor's Statement), then translate the legal bits into plain English
- flag risks that are easy to miss at inspections, like easements, planning limits, or owners corporation costs
- tighten special conditions so the contract fits your situation (finance, inspections, inclusions)
- work with your lender and the seller's side to get you to settlement, then confirm the transfer is lodged.
In Victoria, conveyancing work can be carried out by a solicitor or by a licensed conveyancer. Licensed conveyancers must meet training and supervised experience requirements.
When to call a conveyancer (earlier than most people think)
A lot of buyers ring us after they've signed, because that's when the nerves hit. The problem is, the best time to get help is before you're locked in.
Before you make an offer
With a private sale, your signed contract is often your offer. Once the seller signs too, it becomes binding. Bringing your conveyancer in early means you can move quickly without guessing, and you can ask for changes before you sign, not after.
Here's a common Melbourne moment: you're on a tram home, the agent calls and says there's another offer. They want your signature tonight. If your conveyancer has already looked over the paperwork, you can respond calmly. If not, you're trying to make a big decision from your mobile, in a hurry, while the tram lurches through the CBD.
During the auction campaign, not on auction day
Auctions move fast. You might inspect on a Saturday, come back on the Tuesday, and suddenly you're being nudged towards a 'strong offer before the auction'. If you buy at auction, you usually sign an unconditional contract on the day. Conditions like finance or building inspection are uncommon unless the seller agrees.
If you want a conveyancer's help at an auction, the time to talk is during the campaign, while you still have choices.
The Victorian documents that matter
Melbourne buyers often hear the same terms again and again: 'Section 32', 'contract', 'due diligence checklist'. Each one has a different job.
Section 32 (Vendor's Statement)
The Section 32 is the seller's disclosure document. It's meant to tell you key facts about the property before you sign. It usually covers things like mortgages, easements, planning controls, and rates and taxes, and it may include extra statements in certain situations.
For apartments, units and many townhouses, there's usually owners corporation material too. That's where you'll see fees, insurance, and sometimes hints of bigger issues, like a history of disputes or a looming special levy.
A practical Melbourne example: you're buying an inner city apartment because you want a short tram ride to work. The owners corporation papers can reveal major works planned next year, with a special levy that lands after settlement. If you don't spot it early, it becomes your bill.
Due diligence checklist
In Victoria, the seller or agent must make a due diligence checklist available. It's a prompt sheet to help you check common issues, like zoning, bushfire overlays, or building approvals. It doesn't replace legal review, but it's a useful reminder when you're juggling inspections and loan chats.
The contract of sale
The contract sets out the deal: price, deposit, settlement date, inclusions, and the conditions you've negotiated. Consumer guidance notes that a typical settlement period is often between 30 and 90 days, but it's negotiable.
One of the most common heartbreak moments we see is an inclusion that was 'obvious' in the inspection, but not listed in the contract. A dishwasher, a fancy light fitting, the garden shed. If it's not in writing, you're relying on goodwill.
Auctions in Melbourne: excitement, pressure, and a very firm contract
A Melbourne auction can feel like theatre. The crowd clusters, the auctioneer cracks jokes, and the wind picks up just as you're trying to keep your nerve. It's also one of the least forgiving ways to buy.
What matters legally:
- the contract is usually unconditional at auction, so you can't rely on finance or inspection clauses unless the seller has agreed
- there's no cooling off for a property bought at public auction
- you'll pay a deposit when you sign after the auction, commonly 10 per cent, and you should check how the agent wants it paid before the day
If you're planning to bid, get the contract reviewed during the campaign, organise inspections early, and sort your deposit funds in advance. We've seen buyers do everything right, then stumble because they assumed they could 'cool off' if their nerves got the better of them. Auctions don't give you that exit.
Private sales: where the right conditions make life easier
Private sales can be calmer than auctions, but they have their own traps. The big one is assuming you can rely on the cooling off period.
In Victoria, a cooling off period of three clear business days generally applies to private sales of residential and small rural property. If you end the contract during that period, the refund is reduced by $100 or 0.2 per cent of the purchase price, whichever is greater. There are exceptions, including where the property is bought at auction or within three clear business days before or after an auction.
Cooling off is a backstop, not a plan. If you're signing, it's far better to sign a contract that matches your situation from the start.
Clauses buyers often need
For a private sale, you can often negotiate conditions, such as:
- subject to finance approval by a set date
- subject to a satisfactory building inspection report
- a clear list of inclusions and exclusions.
Victorian consumer guidance notes that private sale contracts can be conditional if the seller agrees.
The trick is the wording. 'Subject to finance' can be too loose. 'Building inspection' can need a clear timeframe and a clear right to end the contract if the report isn't acceptable. This is where your conveyancer earns their fee, tightening clauses so they work when you need them.
Common Melbourne buying traps we see
Every suburb has its quirks. Every property has a back story. Here are a few themes that come up often.
Planning controls and overlays
Overlays can limit what you can build or change, even if you only want a simple extension or a second storey. In growth areas, you might see developer covenants or building envelopes that shape what's allowed. Your conveyancer reads the disclosures and helps you understand what they mean for your plans.
Easements and 'that bit of the yard'
Easements sound dry until you realise the stormwater drain runs exactly where you'd planned a deck. The title and the Section 32 can reveal easements, restrictions, and rights of way that affect how you use the land.
Owners corporation costs
Townhouses, apartments, and some townhouse style developments come with owners corporation rules and fees. The bigger risk is a special levy for major works. If you're buying in a building with lifts, basements, or shared facilities, the papers are worth a careful read.
Off the plan purchases
Off the plan can suit buyers who like a long lead time. It also brings longer settlement horizons, design changes, and clauses that need close attention. If you're buying this way, don't let the display suite vibe do the legal heavy lifting.
GST and new homes
GST can apply on new homes, and contracts should state how GST is treated. If you're buying new, check that the contract is clear on whether the price includes GST.
From signing to settlement: what happens behind the scenes
Once the ink is dry, your conveyancer is busy keeping the deal on track.
Deposits and Section 27 requests
Deposits are usually held in trust until settlement. In some sales, the seller may request an early release of the deposit under a Section 27 process. For that to happen, the contract needs to be unconditional and the buyer must be satisfied with proof of debts details. The deposit can't be released until at least 28 days after the contract is signed.
If a Section 27 request comes in, don't sign on autopilot. Get it checked.
Adjustments at settlement
At settlement, outgoings are adjusted so each party pays their share for the time they owned the property. The seller is responsible for rates up to and including the day of settlement, and the buyer takes over from the day after settlement.
Electronic settlement
Land registry transactions in Victoria are lodged through an Electronic Lodgment Network, and electronic lodgment has been mandated for almost all conveyancing transactions since 1 August 2019.
For buyers, the main point is simple: settlement is coordinated online between the banks and representatives, and the paperwork is lodged straight after.
Choosing the right conveyancer for buying in Melbourne
When you're choosing a conveyancer, you're really choosing a guide for a short, high stakes sprint. You want someone who can keep pace with Melbourne selling timelines, and still explain things in a way that makes sense.
A few questions you can ask on the first call:
- Can you review a Section 32 quickly during an auction campaign?
- Who will handle your file day to day, and how do you prefer to communicate (phone, email, both)?
- Do you do a fixed fee, and what's included in that fee?
- Have you dealt with properties like this before, such as owners corporation apartments or off the plan contracts?
It's also fine to ask what they need from you to get started. A good conveyancer will tell you exactly what to send through, and what the next step is, without making you feel silly for asking.
A calm next step before you sign anything
Buying a house in Melbourne is a big moment. It should feel exciting, not like you're bracing for a trapdoor.
If you've found a property you love, or you're heading towards an auction, we can review the Section 32 and contract and explain what it means for you. Pearson Chambers Conveyancing offers a complimentary Section 32 contract review, so you can make your next move with clearer eyes.
Email contact@pearsonchambers.com.au to book your review.