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In Victoria, almost all settlements now happen electronically through PEXA, and new Victorian certificates of title have been electronic since 3 August 2024. Before settlement can finish, the party who controls the electronic Certificate of Title, often the seller's bank, must nominate that title into the PEXA workspace. If Control has not been dealt with, the workspace cannot reach ready to settle, and settlement can move to another business day.
Most buyers don't hear the phrase 'eCT Control' until it causes trouble. Here is what it means, why it can stall a Melbourne settlement, and what your conveyancer can do before the delay turns into a stressful moving day.
What is an electronic Certificate of Title in Victoria?
An electronic Certificate of Title is the digital record linked to a property title in the Victorian Register of land. It sits in the State's land registration system, rather than in a bank vault or a folder in someone's study.
Older Melbourne owners may remember paper certificates of title, the thick legal document that proved ownership and was handed over at settlement. That paper process is now largely history. From 3 August 2024, all new Victorian certificates of title are electronic, and existing paper titles remain valid only until they are next needed for a conveyancing transaction.
For buyers, the practical point is simple: there is no paper certificate for you to collect at settlement. Ownership changes through electronic lodgement, and the title record is updated after the transfer is lodged. If you want a deeper background on the shift to electronic certificates of title, that change sits behind many title issues buyers now hear about in PEXA.
What does eCT Control mean?
eCT Control means the right to deal with the electronic Certificate of Title. In a typical sale, the seller's lender controls the title because the seller still has a mortgage registered on the property.
Think of Control as the digital version of holding the paper title. In the old days, a bank with a mortgage would usually keep the paper certificate until the loan was paid out. In the electronic system, the lender does not hold paper; it controls the eCT. If the seller owns the property outright, Control may sit with their conveyancer, solicitor, bank or, in some cases, the Registrar of Titles.
Your conveyancer can usually see who manages the eCT on a current title search. That is why we check the title and Section 32 contract early, not only the week of settlement. It tells us whether the seller's bank, the seller's representative or another authorised party needs to act.
We've seen this become messy when a vendor has owned a family home in the eastern suburbs for decades, has not refinanced for a long time, and no one has checked early where Control actually sits. By settlement week, everyone is rushing to solve a title issue that could have been flagged at contract review.
What is a PEXA title nomination?
A PEXA title nomination is the step where the party controlling the eCT makes it available for the specific electronic settlement. It is the digital replacement for handing over the paper title at the settlement table.
Your PEXA workspace brings together the buyer's conveyancer, the seller's conveyancer, the buyer's incoming lender and the seller's outgoing lender. Documents, funds and lodgement instructions all need to line up. The title nomination is one of the key checks that lets the workspace move towards ready to settle.
No nomination, no settlement. Your loan funds can be confirmed, your transfer can be signed, and your conveyancer can be ready, but the workspace still cannot complete if the eCT has not been made available in the right way. That is why a title problem can feel so unfair to a buyer: the missing action is often on the seller's side.
Why does the title stall at settlement?
A PEXA settlement usually stalls over the title because the party with Control has not nominated it in time, or because the title needs an extra step before it can be nominated. The issue is usually procedural, not a sign that you have done something wrong.
The most common pattern is a slow bank discharge. The seller must tell their lender that the property is being sold and authorise the loan to be paid out. The lender then prepares the discharge, confirms payout figures and deals with the title. If the seller's mortgage discharge request goes in late, the eCT nomination can also be late.
Other title problems can include:
- An old paper title that needs conversion. A long-held home, inherited property or rarely refinanced property may still have a paper certificate sitting somewhere. It may need to be converted before electronic settlement can proceed.
- Control held by the wrong party. The title search may show Control sitting with the Registrar of Titles or another authorised party, rather than the person expected to nominate it.
- A mismatch in the workspace. If title details, dealing details or party details don't match properly, the nomination may need to be corrected.
- A seller's lender not being ready. Even where the seller has lodged their discharge request, the outgoing lender may not have completed its internal steps before the booked time.
Most of these delays are solvable. The key is finding the exact blocker quickly and chasing the person with the power to fix it.
What happens if settlement can't proceed because of the title?
If the title is not nominated in time, settlement does not usually collapse on the spot. The PEXA workspace will need to be corrected and the settlement booking moved, often to the next available business day.
That is painful in real life. If a Friday afternoon settlement misses the cut-off, you may not get keys until Monday. Your boxes might already be packed in Brunswick, your lease might be ending in Richmond, and the agent still cannot release the keys because you do not own the property yet.
When settlement is delayed, the first job is to work out whether the delay is on the buyer's side or the seller's side. If your funds, loan documents and signed documents are ready, and the missing item is the seller's title nomination, your conveyancer can record that position and keep pressure on the seller's representative.
The contract still matters. A short delay may be managed by rebooking the settlement. A longer delay may need a formal notice, especially if the seller has not met their settlement obligations.
Can a buyer claim compensation for a title nomination delay?
A buyer does not automatically receive penalty interest just because the seller's bank or representative delayed the title nomination. Your rights depend on the contract, the cause of the delay and the steps taken after settlement was missed.
Under many standard Victorian contracts, penalty interest is mainly aimed at a buyer who is late settling, in favour of the seller. It does not always operate neatly the other way around. That can feel one-sided, especially when the buyer has paid for removalists, arranged leave from work and lined up an agent to collect keys.
If the seller is in default, your conveyancer may be able to serve a notice to complete. In many Victorian contracts this gives the defaulting party a fixed period, commonly 14 days, to complete settlement and deal with the consequences of the delay. Whether that is the best step depends on the contract and what you actually want. Most buyers still want the home, not a fight that puts the purchase at risk.
How can a conveyancer help before settlement week?
A conveyancer can reduce the risk of a title stall by checking Control early, tracking the seller's discharge steps and keeping the PEXA workspace moving. You cannot nominate the seller's title yourself, but you can make sure your side is ready and that the right questions are asked early.
Good pre-settlement checks include:
- Review the title search as soon as the contract arrives. The title search can show who manages the eCT and whether the property has a mortgage, caveat or other registered interest.
- Ask whether the seller has lodged their discharge authority. A late payout request is one of the clearest warning signs for a late nomination.
- Watch the PEXA workspace well before the booked date. Waiting until settlement morning leaves little room to fix an old paper title, a missing Control request or a bank delay.
- Keep your own tasks clean. Sign documents promptly, arrange shortfall funds early and answer lender requests quickly. If the seller's side is the problem, your position is cleaner when nothing is outstanding from you.
- Build a small moving buffer. In Melbourne's end-of-month rush, try not to hand back rental keys or book every trade for the exact hour settlement is due.
Frequently asked questions
What is an electronic Certificate of Title in Victoria?
An electronic Certificate of Title, or eCT, is the digital title record linked to a property in the Victorian Register of land. From 3 August 2024, all new Victorian certificates of title are electronic, so most settlements now rely on electronic Control rather than a paper certificate being handed over.
Why has my PEXA settlement been delayed over the title?
Your PEXA settlement may be delayed because the party controlling the electronic Certificate of Title, often the seller's bank, has not nominated it into the workspace. Without that nomination, the workspace cannot become ready to settle, even if the buyer's funds and documents are ready.
Who controls the title in a property sale?
In many property sales, the seller's mortgage lender controls the electronic Certificate of Title because it holds security for the seller's loan. If there is no mortgage, Control may sit with the seller's conveyancer, solicitor, bank or the Registrar of Titles. A current title search can usually show who manages the eCT.
What is a nomination in PEXA?
A nomination in PEXA is the step where the eCT controller makes the title available for the electronic settlement. It replaces the old settlement step of producing a paper certificate of title. If the nomination is missing or wrong, settlement cannot proceed.
What happens if my settlement doesn't go through on the day?
If settlement does not go through on the booked day, the PEXA workspace usually needs to be rebooked for another business day once the issue is fixed. A Friday delay can mean keys are not released until Monday, because the buyer does not take possession until settlement has completed.
Can I claim penalty interest if the seller's bank delays settlement?
Not automatically. Many Victorian contracts deal more directly with buyer delay than seller-side delay, so your conveyancer needs to check the exact contract terms and the reason settlement was missed. If the seller is in default, a formal notice to complete may be available.
Do I need a conveyancer to deal with an eCT stall?
Yes, you should have a conveyancer or lawyer deal with an eCT stall. PEXA workspaces and electronic title Control are handled by authorised subscribers, not buyers personally. Your conveyancer can check the title, chase the controller, record the delay and advise on notices if the seller does not settle.
About the Pearson Chambers Conveyancing team
Pearson Chambers Conveyancing is a Melbourne-focused conveyancing firm supporting buyers, sellers and first home buyers across Victoria. We work with Section 32 statements, title searches, lender requirements and PEXA workspaces every day. Title Control and late eCT nominations are exactly the sort of settlement issues our team watches for before they derail moving plans.
Sources we consulted
- Property settlement, Consumer Affairs Victoria
- Before property settlement, Consumer Affairs Victoria
- The Victorian Register of land, Land Use Victoria
- Phasing out paper certificates of title, Land Use Victoria
- Nominating titles, SPEAR Land Use Victoria
Talk to us before settlement week
If you're buying your first home and the words 'eCT Control' or 'nomination' have just landed in your inbox, don't panic, and don't try to decode it alone. Pearson Chambers Conveyancing can review the title, check who holds Control, identify what's outstanding, and explain the next settlement step in plain English.
We also offer a complimentary Section 32 contract review before you commit.
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.