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If you're about to sell in Melbourne, you'll hear the same question over and over: who actually draws up the contract for sale?
Short answer: In Victoria, it's prepared on the seller's side, usually by the seller's licensed conveyancer or solicitor, and it's paired with a separate disclosure called a 'Section 32' vendor statement that must be given to the buyer before anyone signs.
This guide walks you through how it works in the real world across Melbourne, from a townhouse in Brunswick to a family home in Bentleigh. We'll keep the legal bits plain, point you to what really matters, and share the traps we see most often.
The Essentials in Victoria
Who prepares the documents: The vendor engages a legal practitioner or a licensed conveyancer to prepare the contract of sale and the Section 32. Victoria's consumer regulator confirms a conveyancer can prepare or review these documents.
What agents can do: Estate agents may fill in details on an approved or lawyer prepared contract, yet they're not permitted to draft a contract themselves. In practice, agents use the standard Law Institute of Victoria and REIV forms, then your conveyancer or solicitor adds any special conditions.
What must be disclosed: The vendor must provide a Section 32 statement to the buyer before the buyer signs. It's a statutory obligation under the Sale of Land Act 1962, and failure can give the buyer powerful rights.
How contracts look in 2025: Most residential deals use the LIV REIV Contract of Sale of Land. An updated edition landed in September 2025, with amended general conditions, so check you're using the current version.
How settlement happens now: Conveyancing in Victoria is electronic by default, so contracts flow into a digital settlement workspace. Expect e signing and PEXA style timelines rather than paper cheques and long queues at the bank.
Who Actually Drafts the Contract in Melbourne?
Think of the contract as two layers: the standard form and the custom wrapper.
The standard form comes from the Law Institute of Victoria and the Real Estate Institute of Victoria. It sets out general conditions that courts and practitioners know well, which helps avoid arguments about basics like deposits, adjustments, or default interest. Your agent may populate particulars such as parties, price, deposit and settlement date on an approved form.
The custom wrapper is prepared by your legal practitioner or conveyancer. This is where special conditions go, any unusual settlement timing, tenant arrangements, or works permits. The lawyer or conveyancer will also assemble the Section 32 disclosures and obtain the supporting certificates that sit behind it.
If you're the buyer, don't rely on the seller's team for your own advice. The regulator encourages buyers to engage their own legal practitioner or conveyancer to review the contract and the Section 32 before you sign. It's worth it for peace of mind and leverage in negotiation.
What Is a Section 32 and Why Does Timing Matter?
The Section 32 (named after section 32 of the Sale of Land Act) is a disclosure statement the seller must give the buyer before the buyer signs the contract. It compiles matters that affect the land, for example easements, planning overlays, services not connected, owners corporation details, building works notices, and outgoings such as council and water rates.
If it's not provided on time, or if key disclosures are missing, the buyer may be able to end the deal before settlement and recover their money. That's not a fun conversation on a Friday afternoon.
Across Melbourne, the most common cause of last minute panic is waiting too long to order certificates from the local council, the water authority, and the owners corporation manager. Lead times can vary by suburb and time of year, so start early. Your conveyancer or solicitor will advise what's needed for your property type.
Estate Agents, Conveyancers and Solicitors: Who Does What?
Here's the clean division of labour most sellers use in Melbourne:
Estate agent: Markets the home, sets the inspection timetable, manages offers or the auction, fills in the front page particulars on an approved contract template, and passes questions back to your legal team when they stray into legal advice. Agents cannot draft contract terms from scratch.
Licensed conveyancer: Prepares the Section 32 and the contract, orders certificates, drafts special conditions for straightforward matters, liaises with the buyer's representative, and guides you through e signing and settlement. Consumer Affairs Victoria recognises that conveyancers can prepare these legal documents and provide advice limited to the transfer of title.
Solicitor: Does everything a conveyancer does, and may be the better fit where disputes are likely, the title is complex, or you need advice beyond the transfer (estate planning, trusts, tax planning). Many Melbourne sellers choose a solicitor for off the plan projects, larger developments, or tricky leases.
Whichever route you choose, make sure the professional is properly licensed and insured, and experienced with your property type. For apartments with owners corporations, confirm they regularly handle owners corporation certificates and special rules.
A Quick Tour of the Contract You'll See
Most residential contracts of sale in Victoria follow the LIV REIV template, then add special conditions. The September 2025 update includes changes to general conditions and execution clauses, so ask your representative to confirm you're on the latest edition. It saves grief when your buyer's lawyer wants the same base document.
Standard Elements You'll Recognise:
- Parties, price, deposit and settlement date
- Chattels and fixtures list (think dishwasher, wall mounted TV brackets, garden shed)
- General conditions on risk, default, adjustments for rates and outgoings, responsibility for damage, and settlement delays
- Special conditions tailored to your sale
- Signature and execution provisions that now play nicely with e signing workflows
Attachments You Typically See in Melbourne:
- Title search and plan
- Copy of any registered plan of subdivision, easements, and covenants
- Land information certificates (council rates, water)
- Owners corporation certificate and rules (if applicable)
- Planning certificate showing zones and overlays
- Building permits or notices, pool or spa barrier compliance evidence where relevant
Your legal representative will order the right mix depending on whether you're selling a freestanding home in Reservoir or a strata apartment in Southbank.
Auctions Versus Private Sales
The preparation work is largely the same. The contract and Section 32 must be available to prospective buyers before an auction. Most sellers ask their conveyancer or solicitor to prepare the pack several weeks before the first open for inspection, so the agent can send it to interested parties on request.
During the campaign, you might agree to insert or tweak a special condition, yet any changes should be vetted by your legal representative. Your agent can fill in prices and dates, but should not invent clauses.
For private sales, your contract will usually include a finance clause and a building and pest clause by negotiation. At auction, sales are commonly unconditional, so the review happens before bidding.
Timelines: How Long Does It Take to 'Get Contract Ready'?
If certificates are straightforward and your property is not subject to unusual restrictions, many Melbourne conveyancers or solicitors can prepare a draft Section 32 and contract within a week or two once you provide instructions and identification.
Delays often come from third party certificates, owners corporation responses, or clarifying unapproved works. The practical trick is to begin early, even while the photographer is doing the twilight shots.
Because settlement is now electronic in Victoria, your representative will also set up the electronic workspace and coordinate transfer, duties and payout figures well before settlement day. The shift to eConveyancing is not just a tech tweak, it changes the rhythm of the whole transaction.
What Buyers Should Look For Before Signing
If you're buying, your review should cover more than the headline price.
Does the Section 32 properly disclose easements, overlays and services? A sewer easement or a heritage overlay can change your renovation plans. The law requires disclosure before you sign, so check this patiently.
Is the general condition set compatible with the latest LIV REIV edition? If the seller is using an old form, it may clash with current practice or omit useful protections.
Are special conditions balanced? If you see broad 'as is' wording, penalty style default fees, or clauses that contradict the general conditions, ask your representative to tidy them up.
Do the attachments match the property type? Apartments need owners corporation material; new works may require occupancy permits or final inspections.
Consumer Affairs Victoria encourages buyers to engage their own legal practitioner or conveyancer. It can feel like an extra step when you're juggling inspections and finance approval, yet it pays for itself when a small wording change saves you from a big headache later.
Melbourne Context: Little Details That Matter
Owners corporation culture: Inner city towers and mid rise blocks around Docklands, Southbank and the CBD come with active owners corporations. Expect thicker disclosure packs, levy histories and special rules about pets and short stays.
Heritage and overlays: Many period homes in suburbs like Fitzroy North or Carlton sit under heritage overlays. Your planning certificate will flag this; factor it into renovation ideas and timing.
Transport and noise: Properties near tram corridors on St Kilda Road or Sydney Road have fantastic access, yet you may want to point buyers to acoustic glazing or double checking council notices about upcoming works.
Rates and adjustments: Settlement statements will adjust for council, water and owners corporation outgoings as at settlement. A clear contract makes the maths easy.
Can Estate Agents Just Print a Contract and Get It Signed?
They can help with the paperwork, yet they're not the drafters. The CAV guidance is blunt: agents may fill in, but not draft, a contract unless it's prepared by a legal practitioner or licensed conveyancer, or is on an approved form issued by an authorised body. In practice, that means the standard LIV REIV contract is used, with legal representatives taking responsibility for the terms and disclosures.
For sellers, the safe pattern is simple. Let the agent lead marketing and negotiation. Let your conveyancer or solicitor lead the legal documents. This keeps roles tidy and reduces risk.
What Happens If the Section 32 Is Wrong or Missing?
If the buyer is not given the Section 32 before they sign, or the statement omits a required disclosure, the Sale of Land Act gives the buyer rights that can unravel the deal before settlement. Courts take disclosure seriously. That's why good practitioners are meticulous about certificates and annexures. Better to pause an open for inspection than rush a defective pack.
The 2025 Contract Changes, in Plain Language
The Legal Practitioners' Liability Committee has flagged updates to the LIV REIV Contract effective September 2025. Expect updated general conditions and revised execution clauses. For sellers and buyers, this mostly means your representative will prefer the 2025 edition and may recommend tweaks to special conditions so everything lines up. If your documents reference an older 2024 edition, ask whether you should switch to the current form before you go live.
Common Melbourne Pitfalls and How to Avoid Them
Using an out of date template: Results in clashing clauses and arguments over default interest or notices. Ask for the current LIV REIV edition.
Late certificates: Council and water authorities are busy, and owners corporation managers can be slower than you expect. Order early.
Vague special conditions: A friendly one liner can create real ambiguity. Your practitioner should draft clear, balanced terms, with defined deadlines and procedures.
Missing pool or spa compliance evidence: Many local councils enforce barrier compliance programs. If relevant, have the paperwork handy for your Section 32.
Relying on verbal promises: If you agree on repairing a leaky roof in Preston or removing a car hoist in a Collingwood garage, get it into the contract. Melbourne buyers are detail oriented and will expect clarity.
Confusing roles: Let the agent negotiate price and terms with buyers, but channel legal questions through your conveyancer or solicitor. It keeps everyone on safe ground.
Frequently Asked Questions
Can a conveyancer draw up the contract for sale, or do I need a solicitor?
In standard residential transactions, a licensed conveyancer can prepare both the Section 32 and the contract. Complex deals or disputes may justify a solicitor. The key is to use a qualified professional who regularly handles Victorian property.
Do buyers need a lawyer if the seller already has one?
Yes, buyers should have their own independent representative. Consumer Affairs Victoria recommends it, and it makes negotiations cleaner and faster.
Is paper still OK?
Most Victorian property transfers are electronic now, from exchange through to settlement, with limited exceptions. Your representative will steer you through digital signing and electronic settlement.
Can my agent add a special condition I ask for?
They can relay your instructions, yet drafting belongs with your conveyancer or solicitor. Agents can complete approved forms, but they should not invent legal wording.
Practical Steps If You're About to Sell in Melbourne
Engage your representative early. A short chat in the planning phase will help map the right certificates, timing and any special conditions you might need.
Gather documents. Recent council and water rates notices, any building permits, owners corporation details, appliance manuals, warranties, and your identity documents.
Confirm the contract edition. Ask for the current LIV REIV 2025 edition and have your special conditions tailored to your property.
Coordinate with your agent. They'll need the contract and Section 32 ready to go before opens and certainly before an auction.
Be realistic on timelines. Certificates can take time. Your representative will chase them, yet setting realistic dates avoids rushed signing.
Plan for electronic settlement. Make sure your ID checks, bank details and payout figures are lined up for the electronic workspace.
Ready to Move From 'Thinking About It' to 'Contract Ready'?
If you're still wondering 'who draws up the contract for sale?', here's the safe, Melbourne tested answer: your licensed conveyancer or solicitor prepares the contract and the Section 32, your agent focuses on marketing and negotiation, and you stay in control with clear, timely advice. The legal requirements are there to protect you, and when they're handled well, buyers feel confident too.
Talk to Pearson Chambers Conveyancing for clear guidance and a complimentary Section 32 review.