Category: Buyer’s Agent Education

A section 32 is the legal statement a seller in Victoria must give you before you sign a contract to buy their property. It’s where title problems, easements, planning controls and unapproved building work usually show up first, so reading it properly is one of the cheapest ways to avoid an expensive mistake.

Below I cover what a section 32 contains, 7 red flags to look for, when you get it (and what changes in 2027), what happens if it’s wrong, and who should read it before you sign.

Key points

• The section 32, or vendor statement, is required under section 32 of the Sale of Land Act 1962.
• The seller must provide it before you sign. Ask for it as soon as you’re serious about a property.
• Check the title, easements, planning zone and overlays, building permits and outgoings against what you saw at the inspection.
• From 1 June 2027, agents must make the section 32 available at least 14 days before an auction or fixed-date sale.
• Have a conveyancer or property lawyer read it with the contract before you sign or bid.

Buying in Melbourne’s North in the next few months? I have 3 Foundation Client places at half my standard fee. Answer 7 questions to see if you fit.

What Is a Section 32 Statement?

It’s the vendor statement set out in section 32 of Victoria’s Sale of Land Act 1962. The seller, usually through their conveyancer, prepares it, and the agent gives it to buyers along with the contract of sale.

It tells you the legal facts about the property that you can’t see at an open home: who owns it, what’s registered on the title, how the land can be used and what it costs to hold. It doesn’t tell you about the condition of the building. That’s the job of a building and pest inspection.

What’s in a Section 32 in Victoria?

The exact contents depend on the property, but a section 32 usually covers:

• Title details, including the registered owner and any mortgage, caveat or other charge
• Easements, covenants and other restrictions on the title, with a copy of the title plan
• Planning information, including the zone and any overlays that apply
• Building permits issued in the past 7 years, and owner-builder insurance or an inspection report where relevant
• Outgoings such as council rates, water rates and land tax
• Notices or orders from councils and authorities, such as road widening or fencing notices
• The services connected to the property, and those that aren’t
• For units and apartments, an owners corporation certificate showing fees, special levies and planned works

RACV’s guide gives a plain-English overview of these sections if you want a second explanation.

Section 32 Red Flags: 7 Things to Check Before You Sign

1. The seller isn’t the registered owner

The name on the title should match the seller. If it doesn’t, for example in a deceased estate or a mortgagee sale, the section 32 should show the seller’s authority to sell. Check any mortgage or caveat listed, and ask your conveyancer how it will be cleared at settlement.

2. Easements where you’d want to build

Look at the title plan. A drainage or sewerage easement across the back yard can stop an extension, a pool or a garage in that spot. A shared driveway easement means someone else has a right to use part of the land.

3. Covenants on the title

Some titles carry covenants that limit what you can build, such as a single dwelling or certain building materials. If you’re buying with a plan to develop or subdivide, a covenant can end that plan before it starts.

4. Zoning and overlays

The planning section shows the zone and any overlays. Heritage overlays are common in parts of Northcote and Thornbury, and they can mean you need a permit to demolish, extend or change the front of a house. Check the overlays against what you want to do with the property in five years, as well as today.

5. Building work with no permit listed

Compare the building permits section with what you saw at the inspection. A new deck, an extension or a converted garage with no permit in the past 7 years is worth asking about before you sign. Unapproved work can cost you to fix and can cause problems when you sell.

6. Owner-builder work

If the seller built or renovated the home as an owner-builder in recent years, the section 32 should include domestic building insurance details and a recent inspection report. Read that report closely, as it lists the defects the inspector found.

7. Outgoings, notices and owners corporation levies

Check the rates and other outgoings so you know the holding costs. Look for any outstanding notices or orders. For a unit or apartment, read the owners corporation certificate for special levies, planned works and any legal disputes, because those costs can land on the next owner.

When Do You Get the Section 32?

Under the current law, the seller must give you the section 32 before you sign the contract. Most agents attach it to the contract or send it on request. Ask for it as soon as you’re seriously considering a property, so your conveyancer has time to read it before an auction or before you make an offer.

That changes from 1 June 2027. Consumer Affairs Victoria says agents will have to make the section 32 available within 14 days after a property is advertised for private sale, and at least 14 days before an auction or fixed-date sale. If a property isn’t advertised, it must be available before you sign.

What Happens If the Section 32 Is Wrong or Missing?

If the seller doesn’t comply with section 32, for example by leaving out required information, the buyer can generally end the contract at any time before settlement. There’s an exception: a court can refuse if it’s satisfied the seller acted honestly and reasonably, ought fairly to be excused, and you are in substantially as good a position as if they had complied.

Don’t try to work this out on your own. If something looks wrong or missing, raise it with your conveyancer before you sign, or as soon as you notice it after.

Who Should Read the Section 32 Before You Sign?

A conveyancer or property lawyer should read the section 32 and the contract together, before you sign or bid. They’ll pick up legal problems with the title, the special conditions and anything missing.

Your building inspector covers the physical condition, which the section 32 doesn’t. If you’re buying with finance, check that the contract gives you enough time for your lender too.

Timing matters most at auction. There’s no cooling-off period when you buy at auction in Victoria, so the section 32 needs to be read before auction day. For most private sales you have 3 business days to cool off after signing, but you lose $100 or 0.2% of the price, whichever is more.

What I Look For First in a Section 32

When a client is serious about a property, the first things I check are the title plan for easements, the planning overlays and the building permits list, alongside my own inspection notes. If the permits don’t match the extension I walked through, or an overlay rules out the renovation they have in mind, we know before anyone signs. The full legal review is then done by their conveyancer.

Still searching? My guide to off-market properties in Melbourne covers the checks to run before you offer, and my pre-settlement inspection guide covers your last look before you pay.

Frequently Asked Questions

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A section 32 takes an hour or two to read properly, and it’s the document you rely on when you buy. Ask for it early, check it against the property you inspected, and have your conveyancer read it before you sign or bid.

Jason McCall is a licensed buyer’s advocate (licence 091847L) and the founder of Buyer’s Agent Victoria Pty Ltd (licence 091857L), based in Thornbury. He is a member of the REIV and PICA.

A pre settlement inspection is your last look at a property before you hand over the balance of the price. It’s the point where you confirm the home is in the condition you bought it in, with everything the contract says comes with it.

In Victoria it’s a right under the standard contract, and plenty of buyers still treat it as a quick walk-through. Below I cover when to book it, what to check, what to do if something is wrong, and what I found at a client’s inspection in Fairfield this month.

Key points

• Victoria’s standard contract lets you inspect at any reasonable time in the 7 days before settlement, including settlement day.
• The seller must hand over the property in the same condition as on the day of sale, apart from fair wear and tear.
• Book the pre settlement inspection a few days out, so there’s time to fix a problem before settlement.
• If something is wrong, take photos and call your conveyancer before settlement goes ahead.

Buying in Melbourne’s North in the next few months? I have 3 Foundation Client places at half my standard fee. Answer 7 questions to see if you fit.

What Is a Pre-Settlement Inspection?

It’s a final inspection of the property you’ve bought, done in the days before settlement. Consumer Affairs Victoria says you’re entitled to inspect at any reasonable time during the week before settlement, and that you arrange it through the agent.

The general conditions in Victoria’s standard contract of sale set out two rules that make the inspection worth doing. The seller carries the risk of loss or damage until settlement, and must deliver the property in the same condition it was in on the day of sale, except for fair wear and tear. Contract editions vary, so check the version you signed with your conveyancer.

A pre settlement inspection isn’t a building inspection. It won’t tell you about the structure or the roof. Its job is to compare the property today with the property you agreed to buy.

When Should You Book a Pre Settlement Inspection?

Book it with the selling agent as soon as the settlement date is confirmed. Two or three days before settlement works well. If you find a problem, that leaves time for the seller to fix it and for your conveyancer to act.

Leaving it to the morning of settlement squeezes everyone. If the seller is still moving out, ask for a time after they’ve gone, since that’s when damage from the move shows up.

Pre Settlement Inspection: 7 Things Buyers Miss

1. Inclusions listed in the contract

Have the contract with you. Light fittings, window furnishings, the dishwasher, a garden shed: if it’s listed, check it’s still there and that nothing has been swapped for a cheaper version.

2. Appliances and services

Turn things on. Run the oven, heating, cooling, hot water and taps, and flush the toilets. A fault that existed on the day of sale is a different conversation to one that appeared since.

3. Damage from moving out

Removalists bump walls, scratch floors and chip door frames. Look closely at hallways, stairs and doorways, the places furniture goes through.

4. Agreed repairs

If the contract or a special condition says the seller will fix something before settlement, check it’s done, and done properly.

5. Items that should be gone

Unless you agreed otherwise, the seller’s belongings and rubbish should be removed. Check the garage, the shed and behind the house.

6. Signs of water

Look under sinks and around the hot water service, and at ceilings for fresh stains. Water damage that wasn’t there at the sale is exactly what this inspection is for.

7. Keys, remotes and codes

Ask what keys, garage remotes, alarm codes and letterbox keys will be handed over, and confirm it in writing with the agent.

What If Something Is Wrong at the Inspection?

Stay calm and document it. Take dated photos and video, note what’s missing or damaged, and call your conveyancer the same day.

Consumer Affairs Victoria says you can request a repair if something isn’t in the condition it was in on the day of sale. Depending on the problem and your contract, your conveyancer may negotiate a repair before settlement, a reduction or an amount held back. Get advice before you refuse to settle, because failing to settle on time can put you in default.

Don’t let the agent talk you into accepting a promise that a problem will be sorted later. Once settlement goes through, your bargaining position changes.

What I Found at a Recent Pre-Settlement Inspection

My client Lucinda bought a two-bedroom apartment in Fairfield by private sale, and we did her pre settlement inspection together the Wednesday before settlement. The sellers had moved everything out and nothing was left behind, apart from a TV wall mount, which she was happy to keep.

We went through every cupboard, ran the split system and checked the fittings worked. Then we went back over two items from the building and pest report. A small section of timber in the corner of the second bedroom had perished, and she’ll have it assessed further when the new carpet goes in. In the bathroom, a cap hadn’t been fitted off properly, so that’s being looked at before the washing machine goes in.

Both items were already in the building and pest report, so neither was new damage since the sale. Checking them again meant she settled knowing exactly what to sort out first. We also talked through adding a split system to the bedrooms later, run through a false bulkhead. Everything in the contract was accounted for, and settlement went through on Monday 12 October.

Do You Have to Attend It Yourself?

No. You can send someone in your place, and some buyers ask their conveyancer or buyer’s agent to attend. As part of my service I attend my clients’ pre settlement inspections myself, which helps when you’re at work, interstate or buying an investment property.

If you’re buying with a lender, Consumer Affairs Victoria also notes your lender will usually recommend building insurance from the date the contract is signed, not from settlement. Organise it early.

Still at the search stage? My guide to off-market properties in Melbourne covers the checks to run before you sign, and 7 Questions to Ask a Buyer’s Agent covers what to ask before you engage help.

Frequently Asked Questions

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A pre settlement inspection takes less than an hour and it’s your last chance to fix a problem while the money is still yours. Book it early, take the contract with you, and call your conveyancer before settlement if anything is wrong.

Jason McCall is a licensed buyer’s advocate (licence 091847L) and the founder of Buyer’s Agent Victoria Pty Ltd (licence 091857L), based in Thornbury. He is a member of the REIV and PICA.

If you’ve searched off market properties Melbourne, you’ve seen plenty of promises about exclusive access. Off-market sales are real and they do suit some buyers. They also carry risks that an advertised campaign would normally bring to the surface for you.

Below I cover how an off-market sale works in Victoria, whether you pay less, how buyers find these properties and five mistakes to avoid. I’ve also included the new price rules that started on 1 October 2026, because they change what you can ask an agent for.

Key points

• An off-market property is sold without a public advertising campaign, so most buyers never see it.
• Off-market doesn’t mean under value. Some vendors use it to test a price at the top of the range.
• Since 1 October 2026, an agent selling off-market must still prepare a Property Price Statement and give you a copy at an inspection or on request.
• Most off market properties Melbourne buyers hear about come through local selling agents, so your relationships with them matter.
• Off-market deals often move in days, so your finance, conveyancer and building inspector need to be ready before you find one.

Buying in Melbourne’s North in the next few months? I have 3 Foundation Client places at half my standard fee. Answer 7 questions to see if you fit.

What Is an Off-Market Property?

An off-market property is one the selling agent offers to a small group of buyers without listing it on realestate.com.au or Domain. You’ll also hear the terms pre-market, silent listing and quiet sale. They all describe a property being sold before, or instead of, a public campaign.

An off-market sale isn’t the same thing as a private sale. In Victoria, a private sale is any sale by negotiation rather than auction, and most private sales are advertised. An off-market sale is usually a private sale that was never advertised.

Why Do Vendors Sell Off Market?

Common reasons include privacy, avoiding the cost of a marketing campaign, a tight timeframe, or a tenancy that makes open inspections awkward. Some vendors want to see what a buyer will pay before committing to a full campaign.

That last reason matters to you. A vendor testing the market quietly has nothing to lose by asking a high price, because if nobody bites they can still go to auction.

Are Off-Market Properties Cheaper?

Sometimes, and only when the buyer knows what the property is worth. Fewer buyers in the room can mean less competition. It also means no auction result or campaign feedback to tell you whether the price is fair.

One of my clients, Mel H., had spent five months searching on her own in Mount Clear, near Ballarat, and kept getting outbid at auction. We secured an off-market property on the first inspection, $40,000 under what comparable sales said it was worth. You can read more about her purchase in Is a Buyer’s Agent Worth It in Melbourne’s Inner North?

That result came from knowing the comparable sales before the conversation started. The reverse happens too, and an off-market price can sit above what the same property would fetch with a full campaign.

How Do You Find Off Market Properties in Melbourne?

There’s no secret list. Most off market properties Melbourne buyers hear about come through relationships with the selling agents who work a particular area. These four steps help:

1. Get on local agents’ buyer lists. Give each agent a clear brief: suburbs, budget, property type and how soon you can buy. A vague brief gets forgotten.
2. Follow up regularly. Agents call the buyers they’ve spoken to recently and who sound ready.
3. Have your finance approved first. An agent with a quiet listing wants a buyer who can sign this week.
4. Use a buyer’s agent who deals with those agents every week. In Thornbury, Northcote and Preston, keeping in touch with the local selling agents is a regular part of my searches.

I can’t promise an off-market property on every search, and I’d be wary of anyone who does. That promise is one of the red flags in 7 Questions to Ask a Buyer’s Agent.

What Changed for Off-Market Sales on 1 October 2026?

Victoria introduced new price transparency rules on 1 October 2026. The Property Price Statement replaced the Statement of Information, according to Consumer Affairs Victoria. Three parts of the change matter if you’re looking at off market properties Melbourne agents are selling quietly:

• The agent must still prepare a Property Price Statement for an off-market property and provide copies at inspections or on request.
• The agent must publish the sold price within 7 days of the sale becoming unconditional, even if the property was never advertised.
• The new rule requiring the reserve price to be published 7 days before an auction or fixed-date sale does not apply to off-market sales.

These points come from Consumer Affairs Victoria’s industry Q&As on the new laws. As sold prices for unadvertised sales are published, off-market results should become easier to find when you research comparable sales.

Off Market Properties Melbourne: 5 Mistakes Buyers Make

1. Assuming off-market means a bargain

The vendor chose this method for their own reasons. Work out the value from comparable sales before you talk price, and don’t let the word exclusive do the negotiating for the agent.

2. Not asking for the Property Price Statement

Ask for it at the first inspection. It sets out the agent’s price indication and the comparable sales they relied on. If the agent can’t produce one, treat that as a warning sign.

3. Signing before the section 32 has been reviewed

The vendor must give you the vendor statement, known as the section 32, before you sign the contract. Have a conveyancer or property lawyer read it first, even if the agent says another buyer is about to sign.

4. Skipping the building and pest inspection

Time pressure is a common reason buyers skip it. An off-market property hasn’t been through the scrutiny of a public campaign, so an independent inspection matters more. I inspect every shortlisted property myself before a client sees it, using the eye I built over years assessing insurance claims, and I still recommend a professional building and pest report.

5. Turning up without finance in place

An off-market opportunity often goes to the first ready buyer. If your pre-approval has lapsed or your broker hasn’t seen your latest payslips, you’ll lose it to someone who is ready.

If you’re weighing up whether the cost of help makes sense, I’ve compared buyer’s agent fee models in dollars in How Much Does a Buyer’s Agent Cost in Melbourne?

Frequently Asked Questions

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Off market properties Melbourne agents hold back can be a good buy for a prepared buyer. Know the value, ask for the Property Price Statement, read the section 32 and have your finance ready. The cooling-off rules for private sales are set out on Consumer Affairs Victoria’s private sale page.

Jason McCall is a licensed buyer’s advocate (licence 091847L) and the founder of Buyer’s Agent Victoria Pty Ltd (licence 091857L), based in Thornbury. He is a member of the REIV and PICA.

Some lists of questions to ask a buyers agent run to fifteen or more. You need seven, covering who the agent works for, how they’re paid, who does the work and how they’re regulated.

I’ve answered each one myself below, so you can see what a straight answer looks like. I’ve also added the part these lists tend to leave out: what your agent needs you to be upfront about in return. In my experience, the things a buyer doesn’t say are what cause trouble later.

Key points

• The seven questions to ask a buyers agent cover payment, licence, fees, inspections, workload, sourcing and identity checks.
• In Victoria, a buyer’s agent works under an estate agent’s licence, and you can check it yourself on Consumer Affairs Victoria’s public register.
• Ask for the total fee including GST, in writing, before you sign anything.
• Honesty has to run both ways. A half answer about your budget, your finance or who else is deciding can undo the search later.

Buying in Melbourne’s North in the next few months? I have 3 Foundation Client places at half my standard fee. Answer 7 questions to see if you fit.

The 7 Questions to Ask a Buyers Agent

1. Who pays you, and do you take money from anyone else?

A buyer’s agent should be paid by you and nobody else. An agent who also collects a commission or referral fee from a selling agent or a developer has a reason to steer you toward particular properties.

Red flag: a vague answer, or “it depends on the property”.

My answer: I act only for buyers, and I never take a fee from a selling agent. If the two roles are blurry, read Buyer’s Agent vs Real Estate Agent: What’s the Actual Difference?

In return: tell your agent if you’re already speaking with another buyer’s agent, or if you’ve made an offer through a selling agent on a property you still want.

2. Are you licensed, and can I check it?

In Victoria, buyer’s agents work under an estate agent’s licence issued by Consumer Affairs Victoria. You can search an agent’s name on the public register of licensed estate agents in a couple of minutes.

Red flag: reluctance to give you a licence number.

My answer: my licence is 091847L and the company licence is 091857L. I’m a member of the REIV and PICA.

In return: expect to be checked too. That is question 7.

3. What is the total fee including GST, and when is it due?

Fees come as a percentage of the purchase price, a tiered fixed fee or a flat fee, and the model changes what you end up paying. I’ve compared all three in dollars in How Much Does a Buyer’s Agent Cost in Melbourne?

Red flag: a quote that leaves out GST, or a fee nobody can put a number on until you’ve bought.

My answer: a flat $16,500 including GST, paid in four instalments of $4,125.

In return: give your real budget ceiling, including what you’d stretch to, and say plainly where your finance stands. “Pre-approved” and “talking to a broker” lead to very different searches.

4. Who inspects the properties, and is it in person?

Listing photos are staged to sell. Part of what you’re paying for is someone standing in the property and reading its condition. Ask whether the person you’re speaking to does the inspections or hands them to someone else.

Red flag: a shortlist built from listings and video walk-throughs alone.

My answer: I inspect every shortlisted property myself, in person, before it reaches you.

In return: tell your agent what you’ve already seen and ruled out, and why. If there’s a property you’ve already fallen for, say so.

5. How many clients are you working with right now?

A proper search takes hours every week. An agent carrying a long client list has fewer of those hours for you. There is no correct number, and what you’re listening for is a straight answer.

Red flag: dodging the number.

My answer: I take on 2 to 4 clients a month, and the person you brief is the person doing the work.

In return: give your real timeframe. If there’s a deadline behind the purchase, such as a lease ending or a sale settling, your agent needs to know it on day one.

6. How will you find properties, including off-market ones?

A good answer is specific. It covers how the agent tracks what’s listed, which local selling agents they deal with, and how off-market opportunities reach them.

Red flag: a promise of off-market access on every search.

My answer: I search on-market and off-market. Some of my clients’ purchases have been off-market, including Mel’s in Mount Clear, which you can read about in Is a Buyer’s Agent Worth It in Melbourne’s Inner North? I can’t promise one for every search.

In return: separate your must-haves from your nice-to-haves, and say where you’d compromise first: price, location, the dwelling or the land.

7. What identity checks will you run before we start?

Since 1 July 2026, buyer’s agents across Australia have been reporting entities under the Anti-Money Laundering and Counter-Terrorism Financing Act. Identity and source-of-funds checks are a legal requirement before an engagement begins.

Red flag: an agent who doesn’t mention the checks, or offers to skip them.

My answer: I complete these checks with every client before the search starts.

In return: be open about where the deposit is coming from and who else is involved in the decision or the money, such as a partner or family helping out.

Why Do Your Answers Matter as Much as Mine?

Lists of questions to ask a buyers agent usually point one way: at the agent. From my side of the table, the searches that go wrong usually trace back to a half answer to one of my own questions.

A buyer tells me part of the story, often out of embarrassment or guilt, and the part I wasn’t told is the part that comes back later. It can surface at finance approval, at contract stage, or the first time a partner walks through the property.

One past investor client is a good example. He was buying through a self-managed super fund. Before we met, he had moved all of his super out of his previous fund and closed the account, which ended the death and total and permanent disability cover he held through it. He didn’t tell me, and he had decided against paying for the financial advice that would have picked it up.

I’m a property professional and I don’t give financial advice, so insurance inside super isn’t mine to advise on. It came out just before settlement, when I was going through the rollover documents and asked about his cover. By then the old account was gone. The fund’s service provider helped him arrange new cover inside the self-managed fund, and it cost him a lot more.

Had he told me at the start, we’d have had the whole search to get it sorted with the right adviser. We had the days before settlement instead. Leaving it out hurt both of us.

I’m not there to judge anyone’s finances or family situation. I ask because the brief I work from is only as good as what’s in it, and a search built on half the picture finds the wrong property.

So when a buyer’s agent asks you direct questions, treat it as a good sign and answer in full.

How Should You Use These Questions?

1. Take these questions to ask a buyers agent to at least two agents and compare the answers side by side.
2. Get the fee and the payment terms in writing.
3. Check the licence yourself on the public register.
4. Notice how many questions each agent asks you. An agent who asks little about your situation is working from a thin brief.

If you’re buying in Thornbury, Northcote or Preston, add a local one: ask which streets the agent would steer you away from, and why. An agent who knows the area can answer on the spot.

Frequently Asked Questions

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These questions to ask a buyers agent only do their job when the honesty runs both ways. Ask all seven, expect straight answers, and give straight answers back. My own process starts with seven questions for you.

Jason McCall is a licensed buyer’s advocate (licence 091847L) and the founder of Buyer’s Agent Victoria Pty Ltd (licence 091857L), based in Thornbury. He is a member of the REIV and PICA.