Vendor Warranties Removed from a Victorian Contract: Buyer Checks

The contract for a Victorian home is ready for your offer, but a special condition deletes or limits the seller’s ‘vendor warranties’. Before signing, work out which promise has changed and whether the remaining paperwork answers the concern it covered.

The short answer: Don’t assume the deletion removes every protection or that it is harmless. Have the actual clause and contract version compared with the title and Section 32 before you sign. A seller’s contractual promise is separate from the disclosure duties imposed by law.

Identify the exact promise, not just the heading

A ‘vendor warranty’ is a promise the seller makes in the contract. General conditions are the standard terms of that contract form; a special condition can change how they work. Read the complete clause, the deletion or qualification, and any replacement wording together.

The number ‘6’ or a heading is not enough. A change to one subclause is different from removing an entire group of promises. Identify what remains, including any qualifications elsewhere in the contract, rather than relying on an agent’s email summary.

Contract forms change. The Real Estate Institute of Victoria reported updates to contract conditions in 2025, and the Law Institute of Victoria’s 2019 explanation concerns an earlier form. Neither an older online explanation nor a clause number establishes what your proposed contract says. Work from the version supplied for your purchase.

Keep statutory disclosure separate from a contract promise

Section 32 is the seller’s statutory disclosure statement. Section 32(1) of the Sale of Land Act 1962 requires the seller to give you a statement signed by the seller before you sign the contract.

Section 32N makes a contract provision void if it excludes, modifies or restricts any provision of that disclosure division. That does not automatically restore a separate contractual warranty the seller has removed. Ask two distinct questions: has the seller met the disclosure duty, and what promise does the proposed contract still contain?

Compare the documents with the concern the warranty covered

The Section 32 can help you investigate a removed promise, but it is not a blanket assurance about the property. Consumer Affairs Victoria identifies subjects such as mortgages, covenants, easements, zoning and outgoings. It also says the statement does not tell you about building condition or the accuracy of title measurements.

Suppose the seller removes a promise about an interest affecting the title. The title search and Section 32 attachments may reveal that interest, but finding it in the paperwork does not necessarily answer what the removed promise would have covered. Identify the specific interest and compare the documents with the deleted wording. What is confirmed, what remains uncertain, and what explanation or agreement is needed?

Ask for a specific answer or amendment before signing

Send your conveyancer the complete proposed contract, all special conditions, the Section 32 and the title documents together. Ask them to identify the deleted words, explain the practical risk they covered, and distinguish what the documents verify from what remains unanswered.

Depending on that review, you may ask the seller to explain the deletion, supply evidence on the particular issue, restore the promise, or agree narrower or replacement wording. A request tied to an identified concern is clearer than an objection to ‘all warranties’. Check that any accepted amendment appears in the version you are asked to sign.

The seller may decline. You then need to decide whether the unresolved issue is acceptable on the terms offered, whether more evidence is needed, or whether to leave the offer unsigned.

For a private-sale offer, Consumer Affairs Victoria explains that the buyer’s signed contract is an offer accepted when the seller also signs. For an auction, arrange the review before bidding, as changes to the contract conditions require the seller’s agreement.

Where the deletion sits among other changes, read those conditions together. Our guide to special conditions in a contract of sale explains their general role.

About the Pearson Chambers Conveyancing team

Pearson Chambers Conveyancing assists with Victorian residential purchases, sales and title transfers. For a buyer faced with deleted vendor warranties, the team can review the proposed contract and Section 32 together and explain the title and wording questions that need resolving before an offer is made.

Sources we consulted

• Sale of Land Act 1962, authorised version 174, sections 32 and 32N
• Consumer Affairs Victoria: seek expert advice on property
• Consumer Affairs Victoria: buying property checklist
• Law Institute of Victoria: 2019 contract of sale update
• Real Estate Institute of Victoria: updates to contract conditions

Have the changed contract checked before signing

If vendor warranties have been removed from a Victorian contract you are considering, Pearson Chambers Conveyancing can compare the exact terms with the Section 32 and title as part of its complimentary buyer contract and Section 32 review.

Email contact@pearsonchambers.com.au.

General information only, current as at the date of publication. Victorian conveyancing rules and legislation change frequently. Please contact the Pearson Chambers Conveyancing team for advice on your specific contract.