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1. Review the Section 32 Vendor Statement
In Victoria, every seller must provide a Section 32 (also called a Vendor Statement) before a contract is signed. This document contains critical information including title details, any mortgages or encumbrances on the property, zoning information, outgoings such as council rates and owners corporation fees, and any notices or orders affecting the property. Read it carefully — or better yet, have your conveyancer review it for you.

2. Check the Title for Encumbrances
The title search will reveal whether there are any caveats, covenants, easements, or mortgages attached to the property. An easement, for example, might give a utility company the right to access part of your land. A covenant might restrict what you can build. These are not always dealbreakers, but you need to know about them before you commit.

3. Understand Special Conditions
Many contracts include special conditions that go beyond the standard terms — things like subject to finance, subject to building and pest inspection, or specific settlement dates. Make sure you understand every special condition and that they reflect what was agreed with the seller. If something does not look right, your conveyancer can negotiate amendments before you sign.

4. Confirm Inclusions and Exclusions
The contract should clearly list what is included in the sale — such as fixed floor coverings, blinds, light fittings, and appliances — and what the seller intends to take with them. Disputes over inclusions are surprisingly common, so make sure the contract matches what was shown during the inspection.

5. Know Your Cooling-Off Rights
In Victoria, residential buyers generally have a 3-business-day cooling-off period after signing a contract of sale. However, this does not apply to properties purchased at auction. If you change your mind during the cooling-off period, you can withdraw — but you may forfeit 0.2% of the purchase price as a penalty.

The safest approach is always to have a licensed conveyancer review the contract and Section 32 before you sign. At Hello Conveyancers, we review contracts as part of our full conveyancing service. Contact Mohneet on 0421 314 171 before you sign anything.

Stage 1 — Pre-Contract
Before any contracts are exchanged, it is important to get advice. If you are buying, your conveyancer will review the contract and Section 32 Vendor Statement, explain what they mean, and flag any concerns. If you are selling, your conveyancer will prepare the contract of sale and the Section 32 on your behalf, ensuring everything is legally compliant and ready to go to market.

Stage 2 — Signing and Exchange
Once both parties are happy with the contract, it is signed and exchanged. At this point, the buyer typically pays a deposit — usually 10% of the purchase price, though this can be negotiated. The cooling-off period of 3 business days begins from this point for private sales (not auctions).

Stage 3 — Pre-Settlement Searches and Checks
Your conveyancer will conduct a range of searches and enquiries including a title search to confirm ownership and check for encumbrances, a land tax clearance certificate, council and water rate adjustments, and confirmation that the property is free of any outstanding notices or orders. Your lender will also be coordinating finance approval and preparing mortgage documents during this period.

Stage 4 — Settlement
Settlement in Victoria is now conducted electronically through PEXA (Property Exchange Australia). On settlement day, your conveyancer coordinates with the seller's representative and your lender to transfer funds and register the change of ownership with the Land Registry. The whole process happens digitally — no physical cheques or paper certificates of title required.

Stage 5 — Post-Settlement
Once settlement is complete, the title is transferred into your name and registered with Land Use Victoria. Your conveyancer will also ensure that stamp duty (land transfer duty) has been paid and notify the council and water authority of the change in ownership.

At Hello Conveyancers, we manage every one of these stages for you. You will always know what is happening and what comes next. Call Hello Conveyancers on 0421 314 171 to get started.

What Does Vacant Possession Mean?
Vacant possession means that when the property is handed over to the buyer at settlement, it must be empty — free of people, tenants, and the seller's personal belongings. The property should be in the same condition it was in when the contract was signed, with all agreed inclusions present and all rubbish and personal items removed.

When Does Vacant Possession Apply?
Vacant possession is the default condition for most private residential sales in Victoria. It means the buyer is purchasing the property to live in or use freely, without any tenants in place. This is different from purchasing a property with an existing tenancy, where the tenant has the right to remain in the property under their lease agreement.

Why is it Important?
If vacant possession is not delivered at settlement, the buyer has legal rights. They may be entitled to delay settlement and claim compensation for any losses caused by the delay, withhold settlement until the property is properly vacated, or in serious cases, terminate the contract and claim damages. This is why it is critical that sellers understand their obligations and ensure the property is fully vacated — including removing all furniture, rubbish, and personal belongings — before settlement day.

Common Vacant Possession Issues
Some of the most frequent problems we see include sellers leaving furniture or rubbish behind, tenants refusing to vacate on time, items that were listed as inclusions being removed, and damage to the property occurring after the pre-settlement inspection. A thorough pre-settlement inspection — usually conducted in the 48 to 72 hours before settlement — is your opportunity to check that the property is being delivered as agreed.

What Should You Do?
Always conduct a pre-settlement inspection. If you notice any issues, contact your conveyancer immediately. Do not proceed to settlement if the property has not been properly vacated — your conveyancer can advise on your rights and negotiate on your behalf. At Hello Conveyancers, we guide you through every step including the pre-settlement inspection process. Call Hello Conveyancers on 0421 314 171 for advice.

1. Residential Purchase
This is the most common type of conveyancing transaction and involves buying an established house, townhouse, unit, or apartment. The process includes reviewing the contract and Section 32, conducting property searches, arranging finance, and coordinating settlement through PEXA. Residential purchases typically settle within 30 to 90 days and are subject to a 3-business-day cooling-off period for private sales. First home buyers may also be eligible for the First Home Owner Grant and stamp duty concessions in Victoria.

2. Residential Sale
Selling a property involves preparing a contract of sale and Section 32 Vendor Statement before the property goes to market. The Section 32 must disclose all relevant information about the property including title details, encumbrances, zoning, and outgoings. Once a buyer is found and contracts are exchanged, the selling conveyancer coordinates settlement and ensures the title is transferred correctly. Timing is critical — a well-prepared Section 32 can prevent delays and disputes down the track.

3. Off-the-Plan Purchase
Buying off the plan means purchasing a property that has not yet been built or completed. These contracts are more complex than standard residential contracts and require careful scrutiny. Key issues to watch for include sunset clauses (which allow the developer to cancel the contract if the project is not completed by a certain date), changes to the plan of subdivision, GST implications, and developer special conditions that heavily favour the vendor. Settlement does not occur until construction is complete and a plan of subdivision is registered, which can take anywhere from 12 months to several years.

4. Commercial Property Transaction
Commercial conveyancing involves the purchase or sale of business premises, warehouses, retail spaces, or industrial properties. These transactions are typically more complex than residential ones and may involve GST considerations (commercial property sales are often subject to GST, unlike residential sales), existing leases and tenant rights, due diligence on the business and the property, and more detailed searches and enquiries. Commercial transactions often require close coordination between your conveyancer, accountant, and solicitor.

5. Transfers Between Family Members
Sometimes property is transferred between family members — for example, adding a spouse to a title, transferring property as part of an estate, or gifting property to a child. These transfers still require a formal conveyancing process and may have stamp duty implications depending on the circumstances. Some family transfers may be eligible for duty exemptions in Victoria — your conveyancer can advise on whether you qualify.

No matter what type of transaction you are involved in, Hello Conveyancers has the expertise to guide you through it. Contact Hello Conveyancers on 0421 314 171 or fill in our enquiry form for a free quote.

What is a Private Sale?
A private sale (also called a private treaty) is where the seller sets an asking price and negotiates directly with potential buyers, usually through a real estate agent. As a buyer, you make an offer, the seller accepts or counters, and once both parties agree, contracts are exchanged. Private sales are the most common method of selling residential property in Victoria and are generally considered less stressful than auctions.

Key advantages of private sale for buyers:
You have a 3-business-day cooling-off period after signing, giving you time to arrange finance or building inspections. You can make the contract subject to conditions such as finance approval or a satisfactory building report. There is more time to negotiate and less pressure to make snap decisions. You can have a conveyancer review the contract and Section 32 before you sign — which we strongly recommend.

What is an Auction?
An auction is a public sale where registered bidders compete to purchase a property on a set date and time. The property is sold to the highest bidder once the reserve price — a minimum price set by the seller — is met. If the reserve is not met, the property is passed in, and the highest bidder usually gets the first right to negotiate with the seller.

Key things to know about auctions:
There is no cooling-off period — once the hammer falls, you are legally bound to purchase. You must have your finance pre-approved before bidding, as there is no subject to finance condition. Contracts are exchanged on the day and a deposit (usually 10%) is payable immediately. You must register to bid and bring ID. Because you cannot include conditions, it is essential to have all your due diligence — building inspections, contract review, finance — done before auction day.

Which is better for buyers?
Private sales offer more protection and flexibility, making them generally more suitable for first home buyers or those who need finance approval. Auctions can be advantageous in a competitive market where popular properties sell before their advertised auction date, but they require more preparation and carry higher risk. Regardless of which method you use, Hello Conveyancers can review the contract and guide you through the process. Call us on 0421 314 171 before you bid or sign.

1. Signing the Contract Before Getting Legal Advice
This is the single most common — and most costly — mistake buyers make. Once you sign a contract of sale, you are legally bound by its terms. Many buyers assume they can change their mind or renegotiate after signing, but this is rarely the case. Always have a licensed conveyancer review the contract and Section 32 before you put pen to paper. At Hello Conveyancers, contract reviews are included in our service — there is no reason to sign blind.

2. Not Arranging Finance Before Making an Offer
Making an offer or bidding at auction without pre-approved finance is extremely risky. If your loan is not approved, you may be forced to forfeit your deposit or face legal action for failing to settle. Always speak to your lender or mortgage broker and get pre-approval in writing before you start making offers — especially if you are buying at auction where there is no cooling-off period.

3. Skipping the Building and Pest Inspection
A building and pest inspection can reveal serious structural issues, water damage, or pest infestations that are not visible during a standard property inspection. Skipping this step to save a few hundred dollars can cost you tens of thousands in repairs after settlement. Always get an independent inspection done before you waive any conditions in your contract.

4. Missing Key Deadlines
Conveyancing involves strict legal deadlines — for finance approval, building inspections, and settlement itself. Missing a deadline can result in penalty interest being charged, the other party having the right to terminate the contract, or you forfeiting your deposit. Your conveyancer manages these deadlines on your behalf, which is one of the most important things we do for you.

5. Not Reading the Section 32 Carefully
The Section 32 Vendor Statement contains critical information about the property — including encumbrances, outgoings, zoning restrictions, and owners corporation fees. Many buyers glance over this document without fully understanding its implications. A good conveyancer will walk you through every relevant detail and flag anything that needs attention.

6. Choosing a Conveyancer Based on Price Alone
While cost is always a consideration, choosing the cheapest conveyancer without considering their experience, responsiveness, and reputation can be a false economy. A mistake in conveyancing can cost far more than the money saved on fees. At Hello Conveyancers, we offer competitive fixed fees with a commitment to clear communication and professional service throughout your transaction.

If you want to avoid these mistakes and have an experienced conveyancer in your corner, contact Hello Conveyancers on 0421 314 171 or fill in our enquiry form today.