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Buying a home in Melbourne is exciting, but it is also a legal and financial project with lots of moving parts. A good conveyancer keeps your purchase on track, spots risks early and explains what you are signing before you commit. This guide sets out practical questions to ask at each stage of your purchase.
Quick note on terms. Conveyancing is the legal transfer of property from seller to buyer. In Victoria the seller must give you a Section 32 vendor statement before you sign. The contract of sale is a separate document. Cooling off usually applies to private sales, not auctions. Electronic conveyancing is now standard in Victoria. We reference Consumer Affairs Victoria, the State Revenue Office, Planning Victoria, Land Use Victoria and ARNECC throughout for key facts.
Why Your Choice of Conveyancer Matters
Your conveyancer will review the Section 32 and contract, recommend conditions, run searches, liaise with your bank, calculate adjustments and settle the deal electronically. In Victoria, both lawyers and licensed conveyancers can carry out conveyancing work. You can check a conveyancer's licence on the public register, and lawyers are regulated by the Victorian Legal Services Board and Commissioner.
Before You Engage: Questions to Choose the Right Professional
Are you a lawyer or a licensed conveyancer, and what is your licence or practising certificate number?
You are entitled to ask. If it is a conveyancer, confirm they hold a current licence in Victoria. If it is a lawyer, they should hold a current Victorian practising certificate.
Consumer Affairs Victoria VLSB+C
How do you price your work?
Ask for a written quote that separates professional fees from disbursements such as title searches, rates and water certificates, and planning queries. Consumer Affairs Victoria recommends getting quotes in writing.
Consumer Affairs Victoria
Who will actually handle my file and how will we communicate?
Clarity on response times, preferred channels and who covers when your main contact is away can reduce stress later.
Do you use e-conveyancing and which platform?
In Victoria, conveyancing is expected to occur electronically with limited exceptions. Most firms use PEXA for settlements and lodgements. Ask how they manage digital duties, document signing and identity checks.
Before You Sign: Questions About the Section 32 and the Contract
Have you reviewed the Section 32 and are all required disclosures present?
The vendor must give you a Section 32 statement before you sign. It discloses matters that affect the land, for example services, title details, rates, easements, planning and any owners corporation. If the statement is incomplete, you may be exposed to risks. Ask your conveyancer to walk you through each disclosure.
What stands out as a risk in this Section 32?
Get plain English commentary on easements, covenants, building notices, contamination flags, flood or bushfire overlays and any non standard items.
What planning overlays apply and what do they mean in practice?
You can generate a Planning Property Report and see zoning and overlays in VicPlan. Ask your conveyancer which overlays apply to the address and if you should seek specialist advice or extra due diligence before you commit.
Is there an owners corporation and do we have a current certificate?
For units, townhouses or apartments, make sure an owners corporation certificate is included so you know fees, funds, insurances, rules and current issues.
Do the plan of subdivision and title match the property offered for sale?
Ask your conveyancer to confirm lot boundaries, common property and any restrictions, and to explain the title search result in simple terms.
What building and pest checks do you recommend?
Even if buying a new or renovated home, independent inspections are wise. Agree on timeframes so your reports and finance approval can happen within any contract deadlines.
What special conditions should we add to protect me?
Common examples include finance approval, building and pest, due diligence on planning or permits, or clauses about repairs. Your conveyancer can draft tailored conditions.
Can you explain my cooling off rights and the exceptions?
For most private sales in Victoria you have three clear business days to cool off. There are exceptions, including for auctions and sales close to a publicly advertised auction. If you cool off, the seller can retain a small amount. Clarify the amount and timing before you sign anything.
How is my deposit held, and when can it be released?
Deposits must be held in a trust account or special purpose account. Early release is regulated and often not available until certain conditions are met and time has passed. Ask for a simple explanation before agreeing to early release.
Searches and Certificates: Questions About What Is Being Ordered and Why
Which searches will you order for this property and why?
Typical Victorian bundles include title and plan searches, council rates and land information, water information statements, and, if relevant, owners corporation and land tax. Make sure you know what is in scope and what each item tells you.
Are there any unresolved notices or debts that attach to the land?
For example, unpaid water and council charges may attach to the property and need to be adjusted on settlement. Your conveyancer should identify these and ensure they are dealt with in the statement of adjustments.
Will you check for flood, bushfire or other hazard overlays?
Ask whether the planning report flags overlays and, if so, whether you should get specialised advice or extra insurance. VicPlan mapping shows overlays across the state.
Finance and Stamp Duty: Questions to Keep the Numbers Clear
What land transfer duty will I pay and are there any concessions?
The State Revenue Office has an online overview and calculator. Duty depends on dutiable value, use, purchaser status and available exemptions or concessions. Your conveyancer can help you complete the digital duties form and lodge on time.
What is the timeline for unconditional finance approval and valuation?
Make sure the finance date in the contract gives your lender enough time. Ask your conveyancer to coordinate with your broker or banker and to diarise notice dates.
How will adjustments work at settlement?
Adjustments share rates, water and similar outgoings fairly between you and the seller. Ask your conveyancer to show you a draft statement of adjustments before settlement so you understand the figures.
Identity, Signing and Settlement: Questions About Process and Security
How do you verify my identity?
Practitioners must take reasonable steps to verify your identity, often following ARNECC's Verification of Identity standard. Ask which documents you need and whether in-person or remote checks are available.
How will signing work?
Many contracts and forms can be signed electronically. Your conveyancer will explain what can be signed digitally and what must be witnessed in a particular way.
How do electronic settlements actually happen?
In Victoria, settlements are commonly completed through PEXA. Funds move via the platform and title documents lodge with the registry, which speeds up registration compared to older paper processes. Ask your conveyancer to outline the steps and their checks.
How will you protect me from payment redirection and email scams?
Confirm how your conveyancer will send bank details, how they verify any changes, and whether they use secure portals or call backs before funds are transferred.
What are the key dates I must not miss?
Diary finance approval, building and pest deadlines, settlement date and the day for final inspection. Ask for a one page timeline.
After Exchange and Before Settlement: Questions That Save Headaches
When should I arrange insurance and the final inspection?
Your contract will set out risk. Many buyers take out building insurance on signing despite risk usually remaining with the seller until settlement. Discuss the usual practice for your situation.
What happens on settlement day and when do I get the keys?
Your conveyancer will confirm settlement has completed, send you a final statement, and authorise the agent to release keys once the seller's solicitor also confirms completion.
What documents will I receive after settlement?
Ask for a full settlement pack, including the final statement of adjustments, PEXA settlement completion record, duty receipt and confirmation that registration has been lodged. Registration updates can follow shortly after settlement.
A Melbourne Buyer's Mini-Checklist
- Get your Section 32 and contract reviewed before you sign, even if you are keen to move quickly
- Use the Consumer Affairs Victoria due diligence checklist to spot common issues like flooding, planning restrictions and owners corporations
- Confirm your cooling off position for private sales and remember auctions are different
- Budget accurately for duty using the SRO calculator and check any concessions
- Ask your conveyancer to explain planning overlays and order the right searches. Use VicPlan to visualise zoning and overlays
- Make sure deposits are handled correctly in trust and ask questions before agreeing to early release
- Expect electronic conveyancing and PEXA based settlement in Victoria. Request a clear summary of the steps and security safeguards
Common Melbourne-Specific Points Your Conveyancer Can Clarify
Apartments and Owners Corporations
Fees, special levies and building maintenance plans can materially change your budget. Insist on a current owners corporation certificate and ask your conveyancer to flag anything unusual in the rules or financials.
Planning Overlays
Bushfire Management Overlays, Floodway or Land Subject to Inundation Overlays, Heritage Overlays and Development Plan Overlays are common across Greater Melbourne. These can affect renovations, tree removal or rebuild options. Your planning property report and VicPlan map will show what applies.
Water and Drainage
Water information statements confirm charges and flag any notices affecting the property. They help your conveyancer calculate accurate settlement adjustments.
Title and Plan Checks
A title search confirms who owns the land and any encumbrances. The plan of subdivision shows lot boundaries and common property if any. Your conveyancer should check both match the marketing and contract.
How a Good Conveyancer Adds Value, Step by Step
Upfront Scoping
They listen to your brief, check your timeframes and lender position, and give you a written scope and quote.
Contract and Section 32 Review
They identify gaps, recommend conditions and explain the legal effect of clauses in everyday language. They will highlight anything that needs a specialist's opinion, such as complex planning or building matters.
Due Diligence and Searches
They order the right certificates, cross-check planning and titles, and advise on owners corporation matters where relevant.
Finance Coordination and Duty
They coordinate with your broker or bank, prepare the digital duties form and advise on duty timing and concessions.
Identity, Signing and Settlement
They verify your identity to ARNECC standards, manage electronic signing where suitable, run the PEXA workspace, calculate adjustments and settle funds safely.
After Settlement
They provide a complete pack of settlement records and confirm registration progress so you know when the title will update.
How to Use These Questions in Real Life
Bring the list to your first call. A good professional will welcome clear questions. Here is a simple way to frame the conversation:
- Start with scope and fees. Ask what is included, which searches are extra and how disbursements are passed on
- Move to risk. Ask what in your Section 32 or contract would worry them if they were the buyer, and why
- Pin down dates. Confirm finance, inspection and settlement dates and who will chase whom if deadlines loom
- Talk security. Agree how bank details will be exchanged and how any changes will be verified
- Ask for a written plan. A one page timeline with tasks and target dates pays for itself when life gets busy
Final Thoughts
Melbourne's property market moves quickly, and the paperwork can be dense. The right conveyancer makes the process feel human. They translate the legalese, keep you informed and act as your calm in the swirl of agents, lenders and timelines. Use the 27 questions above to choose a professional you trust and to keep the conversation focused on the details that matter most.
Ready to get moving? Pearson Chambers Conveyancing offers friendly, plain English support for Melbourne buyers and a free Section 32 contract review before you sign. Call 03 9969 2405 or email contact@pearsonchambers.com.au for clear advice and a no pressure chat today.