Do I need a conveyancer for an auction in Victoria?

Short answer: Legally, no.

There is no rule in Victoria that forces you to hire a conveyancer before you bid at auction.

Practically, you really should.

When you buy at auction in Victoria there is no cooling off period. Once your bid wins and the contracts are signed, the sale is locked in and you cannot add conditions. The same "no cooling off" rule also applies if you sign a contract within three clear business days before or after a public auction for that property.

So you are committing to a huge debt, at high speed, with no safety net. That is why conveyancers and lawyers keep saying, "Get the contract and Section 32 checked before auction day."

Let's unpack what that means in normal Melbourne life.

How Victorian Property Auctions Actually Work

If you have been standing in the driveway in Reservoir or lining the footpath in Bentleigh, you will know auctions move quickly. A few key points about how they work in Victoria:

You Can Inspect and Ask for the Documents Beforehand

The selling agent should make the contract of sale and Section 32 vendor statement available before auction day so buyers and their advisers can review them.

Once the Hammer Falls, You Are Expected to Sign

If you are the winning bidder, you will usually be taken straight inside to sign the contract and Section 32, then pay the deposit set in the contract (often 10 per cent, unless a different amount was negotiated in advance).

There Is No Chance to Change Your Mind

The usual three day cooling off period that applies to many private sales in Victoria does not apply to properties bought at auction, or to contracts signed very close to auction day.

Pre Auction Offers Are Treated Like Private Sales, but With a Twist

If the vendor is taking pre auction offers, you may be asked to sign the auction contract early. If your offer is accepted less than three clear business days before the scheduled auction, you will not receive a cooling off period.

In other words, the legal commitment usually happens while your heart is still pounding from bidding. That is not the moment you want to be trying to read fine print.

What Is a Section 32 and Why Does It Matter Before Auction?

Before you sign a contract in Victoria, the seller must give you a Section 32 vendor statement. The name comes from section 32 of the Sale of Land Act.

The Section 32 is a disclosure document. It usually includes things such as:

Title details, including any mortgages and covenants
Information about planning and zoning
Services connected to the land
Rates and other outgoings
Notices, easements, or other restrictions that affect how you can use the property

If the Section 32 is missing key information, or is inaccurate, the contract can sometimes be challenged.

Here is the problem for buyers at auction in Melbourne: the Section 32 is full of detail, but it is not written for everyday readers. Without help, it is easy to miss something important, such as:

A restrictive covenant that stops you from extending the house
A right of way that lets neighbours use part of your driveway
Unpaid rates or owners corporation issues in an apartment block

That is exactly the kind of thing a conveyancer checks before you put your hand up.

So What Does a Conveyancer Actually Do Before an Auction?

People often think conveyancers only handle the paperwork after you buy. In reality, a big part of their value comes before you bid.

Here is what a good conveyancer will usually do before an auction in Melbourne.

1. Review the Contract of Sale

They will read the contract in detail, looking at:

The price and deposit clauses
The settlement date and any special conditions
Penalty interest and default clauses
Whether the property is vacant or with tenants
What is included in the sale (fixtures, fittings, even that garden shed you love)

They will flag anything that could hurt you later, or that simply does not work with your situation.

2. Review the Section 32 Vendor Statement

Your conveyancer will check that:

The title matches the property being sold
There are no surprise easements through the backyard
Zoning suits how you plan to use the property
Rates and owners corporation fees look normal for the area
Services are connected, or at least available

If something looks off, they can ask the agent or the seller's lawyer for more information or updated documents before auction day.

3. Help You Negotiate Changes Before You Bid

If you need a longer settlement to line up with selling your current unit in Footscray, or a smaller deposit because your savings are split across accounts, this is the time to ask. Often the seller will agree to vary the contract before auction, so you are not left scrambling once you win.

The conveyancer can suggest fair tweaks, such as:

Extending settlement from 30 to 60 or 90 days
Reducing the deposit or splitting it over two payment dates
Removing or softening harsh penalty clauses

These changes are written into the contract before the auction, so if you win, those better terms apply straight away.

4. Explain Your Legal Risks in Plain Language

This part is often underrated. A conveyancer can sit with you on the phone or in person and talk through, in simple terms:

What happens if the bank valuation comes in short
What happens if you cannot settle on the agreed date
What deposits you will lose if something goes wrong
Whether your preferred bidding limit makes sense for the contract you are about to sign

I have had many Melbourne buyers tell me that this chat was the first time they truly understood what they were about to sign.

Risks of Going to Auction Without a Conveyancer

You can rock up to an auction in Coburg without legal advice, paddle in hand. People do it every weekend.

Here are the risks you are taking if you skip that pre auction review.

1. No Cooling Off Safety Net

If you buy at auction, or very close to auction day, there is no cooling off period in Victoria. Once you sign, you are bound by the contract conditions, even if you later discover serious issues.

That means:

If you discover a major building defect after signing, you cannot simply walk away
If finance falls through, you can be sued for damages, not just lose your deposit
If you misread the settlement date, you are still stuck with it

2. Hidden Contract Traps

Some contracts include harsh special conditions, for example:

Very high penalty interest if settlement is delayed
Rights for the seller to end the contract in situations that feel unfair
Strange settlement terms that clash with your bank's processes

A conveyancer spots these early and can ask for them to be removed or watered down before you bid.

3. Section 32 Surprises

Without a proper review, you might miss that:

The property is in a flood overlay
A drain runs under the yard that restricts building
Rates or owners corporation fees are in arrears

These are the things that can turn your "dream home in Preston" into a stress bomb.

4. Finance and Valuation Problems

Many buyers guess that their bank will be happy to lend on any property that fits their budget. Sometimes the bank valuation comes back lower than the price you paid at auction.

If that happens, you may need to find extra cash quickly, or you risk defaulting under the contract. A conveyancer can help you understand the timing of loan approval, any finance clauses you might have had in a private sale, and how exposed you are going into auction day.

Common Melbourne Auction Scenarios Where a Conveyancer Helps

Let's look at a few real world situations that come up all the time.

Scenario A: You Want to Make a Pre Auction Offer

You have fallen for a townhouse in Essendon and want to make an offer before auction. The agent sends you the auction contract and Section 32 and asks you to sign with your offer.

If your offer is accepted less than three clear business days before the scheduled auction, you will not get a cooling off period, so your signed offer is as binding as if you had bought under the hammer.

A conveyancer can:

Review and tweak the contract before you sign
Suggest a fair deposit and settlement date
Point out any red flags in the Section 32

Scenario B: Property Passes In and You Negotiate After Auction

The property in Brunswick passes in on a vendor bid and you are the highest genuine bidder. You are invited inside to negotiate.

Many buyers think they have more time and flexibility here, but the same "no cooling off" rules usually apply to contracts signed within three clear business days after the auction.

If you can, call your conveyancer from the kitchen table while the agent "just ducks out to talk to the vendor". They can:

Sanity check any new special conditions added to the contract
Ensure already agreed variations (for example a longer settlement) are still there
Remind you of your limits so you do not agree to something that does not work for your bank

Scenario C: You Attend Several Auctions While Still Searching

If you are house hunting across suburbs like Thomastown, Oakleigh and Point Cook, you may attend a string of auctions over months. Working with the same conveyancer for each contract and Section 32 review creates a steady rhythm.

They get to know:

Your budget and bank position
Your preferred settlement timing
Your risk comfort level

So each new review becomes faster and more targeted. You can move quickly on the properties that feel right, without trying to read dense documents on your own each week.

When Should You Contact a Conveyancer in the Auction Journey?

A good rule of thumb: contact a conveyancer as soon as you are seriously interested in a property that is going to auction.

That usually means:

After your first or second inspection, once you think "We could picture ourselves living here"
Before you order building and pest inspections, so you can line up the timing
Before you give the agent a clear signal that you will be bidding

This gives the conveyancer time to:

Obtain the latest contract and Section 32
Review the documents and suggest changes
Speak with you calmly, not while you are driving to the auction

If you have not yet chosen a conveyancer, it still pays to talk to one early in your search, even before you have a particular property in mind. You can ask about typical fees, what their reviews include, and how quickly they can turn contract checks around during peak auction seasons.

What to Send Your Conveyancer Before an Auction

To help your conveyancer give you specific advice, send them:

The full contract of sale (all pages)
The Section 32 vendor statement and attachments
Any auction or special conditions supplied by the agent
Your preferred settlement timing and deposit (for example 5 per cent now, balance later, if the seller will agree)
Any plans you have for the property, such as extending, adding a second storey, or running a home business

Real detail helps. Saying "We might extend one day" is useful, but saying "We hope to add a second storey within five years" gives the conveyancer a better sense of what to look for in the zoning and any building restrictions.

Why Paying for a Pre Auction Review Is Usually Money Well Spent

A contract and Section 32 review in Melbourne usually costs a small fraction of your deposit. Some firms charge a flat fee; others charge per review.

Set that cost against:

The size of the deposit you risk if something goes wrong
The stress and legal costs of a dispute
The time and energy you will spend trying to untangle problems alone

Most buyers who have been through a messy settlement will tell you they wish they had paid for better advice before auction day. I have heard that story many times; the tone in their voice stays with me.

How Pearson Chambers Conveyancing Can Help With Victorian Auctions

Pearson Chambers Conveyancing works with buyers right across Melbourne, from inner city terraces to new estates on the fringe. Their focus is on helping you feel prepared, not panicked, when auction day arrives.

For buyers heading to auction in Victoria, they can:

Review your contract of sale and Section 32 vendor statement in detail
Explain any tricky clauses in simple language
Suggest fair changes to settlement dates, deposit amounts, or penalty clauses
Speak with the agent or seller's representative to negotiate those changes before you bid
Guide you on timing around finance, inspections, and auction day strategy

They also offer a complimentary Section 32 and contract review, so you can get tailored advice on the property you are eyeing off before you commit.

If You Are Thinking About Bidding at Auction, or Making a Pre Auction Offer, and You Are Not Quite Sure Whether You Are Ready, Reach Out:

Email: contact@pearsonchambers.com.au

A short conversation with a conveyancer who deals with Victorian auctions every week can turn a nerve racking Saturday morning in the driveway into a decision you feel much calmer about.