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Buying or selling a home feels huge and then the paperwork arrives. A conveyancer’s job is to keep that pile of documents tidy, make sure everything lines up with Victorian law and save you from expensive slip ups. In Victoria, the Sale of Land Act 1962 says a seller must hand over a Section 32 statement before a buyer signs anything. Buyers have their own paperwork to supply as well. Below, we walk through what each side needs, why it matters and where it fits in the overall process.
The role of a conveyancer
Conveyancing is the behind the scenes legal and admin work that actually moves a property from one name to another. Your conveyancer or solicitor will draft and review contracts, run title searches and pull the strings on settlement day. In Victoria, solicitors can step in with broader legal advice, while licensed conveyancers stick to property transfers. Most everyday residential deals are handled perfectly well by a conveyancer; a solicitor is handy if things get complicated or a dispute pops up. Either way, having a professional in your corner helps you dodge delays and keep to the timeline.
Key documents for sellers
Section 32 statement
By law, the seller must give the buyer a Section 32 statement before anyone signs the contract. It is a disclosure document: it tells the buyer what they need to know and protects both sides. If the statement is wrong or missing bits, the buyer may be able to back out. Gather the info early. Your conveyancer will be looking for:
Title details and encumbrances: a recent title search showing mortgages, covenants or easements. Covenants can restrict what you build; easements let someone else use part of the land (think drainage or shared driveways).
Zoning and planning information: council zoning, overlays and any planning schemes or proposals. If the council or VicRoads has a notice about road widening or similar, it needs to be disclosed.
Outgoings: rates, land tax and owners corporation levies. A Land Information Certificate is often used to confirm council rates.
Building permits and insurance: anything issued in the last seven years. It is smart to include copies of permits, occupancy or final inspection certificates and domestic builder’s warranty insurance. If you did the work yourself as an owner builder, you will likely need a defects report and owner builder insurance.
Services and connections: say if electricity, gas, water, sewerage or telephone are not connected. If the place sits in a bushfire prone area, note that too.
Owners corporation details: for units and townhouses, include the certificate with fees, insurance and rules, plus the prescribed information and any recent resolutions.
Other disclosures: any notices or orders from authorities (for example, combustible cladding notices), Growth Area Infrastructure Contribution (GAIC) liabilities and proof you are actually allowed to sell if you are not the registered proprietor.
Major works recently? Be ready with the building permit, occupancy or final inspection certificate and recent water and council bills. A Certificate of Occupancy shows the home is fit to live in and councils usually require it before anyone moves in.
Contract of sale
Once the Section 32 is sorted, the contract of sale spells out the deal: property details, buyer and seller names, price, deposit, settlement date and any special conditions. It also needs to say whether GST is included. Your conveyancer can tweak clauses to suit your situation, for example, subject to finance or subject to the sale of another property. Read it closely before you sign. Once both sides sign, you are locked in.
Title documents
Your conveyancer will order a title search and get hold of the certificate of title. That confirms ownership and lists mortgages, caveats or other restrictions. If there is a mortgage, it will show on the title. An up to date search lets your conveyancer spot anything that must be cleared before settlement.
Verification of identity
Sellers have to complete a Verification of Identity (VOI). Bring original ID like a passport or driver’s licence plus supporting documents such as a Medicare card or birth certificate and a recent utility bill. This protects everyone against fraud.
Discharge of mortgage
If you still owe the bank, you need to arrange a discharge of mortgage. Your conveyancer will get the form sorted and deal with the lender. Start early so the bank is ready when settlement rolls around.
Additional documents
Depending on your property, you may also be asked for:
Building or pest inspection reports (optional but reassuring for buyers)
Lease or tenancy details if the place is rented (rent, bond, managing agent)
Tax paperwork like CGT exemption info or GST details for commercial sales
Recent rates and utility bills so adjustments at settlement are accurate
Order certificates early. Councils can take weeks to issue a Land Information Certificate. The more you have ready, the smoother and quicker your Section 32 will come together.
Key documents for buyers
Contract and deposit
Happy with the Section 32 and the contract? You sign the contract of sale and pay the deposit, usually five to ten per cent. It sits in trust until settlement.
Loan and mortgage documents
If you are borrowing, the lender will want payslips, bank statements and proof of savings. After approval, you sign the loan agreement and mortgage documents. These are lodged at settlement so the bank’s mortgage goes on the title. Getting pre approval early gives you time to chase paperwork and talk through fees and taxes with your conveyancer.
Verification of identity
Buyers must also complete VOI. Same idea as the seller: original ID, done properly, or Land Use Victoria will not register the transfer.
Stamp duty declaration
Stamp duty hurts, but it is unavoidable. Your conveyancer will prepare the declaration forms and lodge any applications for concessions or exemptions. First home buyers, pensioners and some off the plan purchases may get a reduced amount.
Transfer and settlement documents
You will sign a transfer of land and a notice of sale. These are lodged electronically (often via PEXA) with Land Use Victoria, and they alert the council and water authority that ownership has changed. Your conveyancer handles the lodgement and arranges payment of the balance at settlement.
Optional checks
Not compulsory, but smart buyers often pay for:
Building and pest inspections to uncover structural issues or infestations
Occupancy or final inspection certificates for new builds
Strata or owners corporation reports for apartments and townhouses
These can influence your offer or help you decide to walk away.
What happens on settlement day?
On the day, the two legal teams swap money and documents. The Transfer of Land is lodged, your name goes on the title, the seller’s mortgage is discharged and your new mortgage (if any) is registered. Once that is confirmed, you get the keys. PEXA has made this quicker and less paper heavy, but a missing document can still throw a spanner in the works.
Why bring in a professional?
There is a lot more to conveyancing than filling out forms. A good conveyancer keeps deadlines in check, makes sure every required document is attached and that the contract actually protects you. Sellers get a watertight Section 32. Buyers get peace of mind that nothing nasty is hiding in the paperwork. With someone local who knows how things work in Melbourne, you cut down on risk and stress.
Final thoughts and next steps
Property deals involve real money and real consequences. In Victoria, sellers must supply a thorough Section 32, and buyers need to organise finance, ID checks and transfer paperwork. Let a professional guide you so everything stays transparent and on track.
Want a hand? Pearson Chambers Conveyancing can prepare or review your Section 32, draft or negotiate your contract and see you through to settlement. For a free Section 32 contract review, call 03 9969 2405 or email contact@pearsonchambers.com.au. We would love to help you move forward with confidence.