Section 32 Vendors Statement - Instructions to Act Logo
  • Section 32 Vendor Statement Order Form

  • Thanks for choosing us to get your Section 32 Vendor Statement sorted — we’re excited to help you on your property journey!

    This form is where we gather the key facts we need to prepare a compliant Vendor Statement under section 32 of the Sale of Land Act 1962 (Vic). Depending on your property, we might also need a few extras required by the Building Act 1993 (Vic) (for owner-builder works) or the Owners Corporations Act 2006 (Vic) (if there’s an owners corporation involved).

    Here’s the deal: the statement is only as good as the info you give us. If something’s missing or wrong, the buyer could walk away before settlement — and the law can get a bit grumpy about that. So, fill in everything you can, as best as you can.

    Not sure on a question? No stress — just say so, and upload any docs you’ve got lying around. We’ll handle the searches and certificates, but the truth and completeness of your answers are what really count. And if anything changes before settlement, give us a shout straight away.

    By hitting submit, you’re giving us the go-ahead to grab the searches and use your info to prepare the Section 32. We’re licensed conveyancers under the Conveyancers Act 2006 (Vic), which means you’re getting professional conveyancing advice (not legal advice — that’s a solicitor’s territory).

    Got questions while filling this out? Call us on 03 9783 0111 or drop a line to info@quick32.com. We’ll be right there with you.

  • Vendor(s) - who is on title?

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  • Who will be signing on behalf of Vendor Two — and why?
    Every flight needs a captain, and we just need to know who’s at the controls here. Will it be a Director, Secretary, Sole Director/Secretary of the company, or someone authorised under a Power of Attorney, Court Order, or Guardianship Order?

    Tip: If it’s not Vendor Two themselves, we’ll need supporting evidence — think of it as their boarding pass to sign on the vendor’s behalf.


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  • Who will be signing on behalf of the vendor (3) and why. This may be a Director, Secretary, Sole Director/Secretary of the company, or an authorised representative under a Power of Attorney, Court Order, or Guardianship Order. Supporting evidence may be required.

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  • Who will be signing on behalf of the vendor (4) and why. This may be a Director, Secretary, Sole Director/Secretary of the company, or an authorised representative under a Power of Attorney, Court Order, or Guardianship Order. Supporting evidence may be required.

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  • The Property

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  • Services

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  • The Sale

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  • What is an owner builder

    If you are an owner-builder and do not comply with the strict disclosure requirements, then the Purchasers could withdraw from the purchase right up to the date of settlement.

    The Act which governs building works is unclear, and even quite minor works which did not require a Permit could be considered ‘owner-builder’ works – there have not yet been any test cases.

    If you are considered an ‘owner-builder’ for any works above $3,000.00 in value, you would need to obtain a Condition Report and include certain Warranties in your Contract, and provide Warranty Insurance if the cost of the works was over $16,000.00.

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  • Restrictions and Disclosures

  • Easements

    An easement is an interest in land that allows one person to make use of land owned by another person for a specific reason. It is a positive benefit to the person who enjoys the easement and a limitation on the ownership of the person whose land is subject to the easement.

    A typical example is an easement created in favour of a person to use the driveway of an adjoining property. The property that enjoys the right has the benefit of the easement, the property over which the right is enjoyed has the burden.

    More than one property may enjoy the benefit of an easement. An example is the sewer easement that commonly exists along the rear boundary of suburban properties. This easement is for the benefit of all neighbouring properties that use the sewer laid in the easement. In return, each of those properties is burdened by a similar easement for the benefit of neighbouring properties.

    These reciprocal easements mean that each property has the benefit of an easement over surrounding properties, but is burdened by an equal easement in favour of those properties.

  • Planning

    The planning information disclosed in a Section 32 Vendor's Statement is critical yet often overlooked when preparing to market a property. It includes details about the planning zone, restrictions, and potential benefits and restrictions within the planning scheme that may impact a potential purchaser's decision.

    Our office conducts searches to provide current information regarding:

    The planning scheme name


    Any zoning applicable to the property


    Overlays that may affect the property
    However, it's important to note that our search may not uncover certain aspects known to the vendor but not officially registered. This could include:

    Future plans by local council, rating authority, or planning authority that may impact the property


    Historical, heritage, or archaeologically significant aspects not reflected in planning records
    Our commitment is to disclose all known planning details to the best of our knowledge. For comprehensive planning information or specific queries, please contact us.

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  • Material Facts

    As from 1st March 2020, Vendors and their agents cannot knowingly conceal any material facts about a property to a prospective buyer. We have attached a list of guidelines and request that you bring to our attention any item on this list which is relevant to your property and/or any other item that may be considered a material factor relating to your property.

    What is a Material Fact?
    A material fact is a fact that would be important to a potential purchaser in deciding whether or not to buy any land. In the context of a proposed sale of land, a material fact is one that influences a purchaser in deciding whether or not to buy any land at all, or to buy land only at a certain price.

    General examples of material facts:

    • Prior tests or investigations have revealed (or the vendor or agent otherwise knows of) a defect in the structure of the building, a termite infestation, combustible cladding, asbestos (including loose-fill asbestos insulation) or contamination through prior uses of the land,
    • The underlying cause of an obvious physical defect is not readily apparent upon inspection (for example, whilst a large uncovered crack in a wall would be obvious to a purchaser upon inspection, the underlying reason for the crack, such as defective stumping, may not);

    • There has been a significant event at the property, including a flood or a bushfire

    • There is a history of pesticide use in the event tthat he property had been used for horticulture or other agricultural purposes,

    • There are restrictions on vehicular access to a property that are not obvious during a property inspection (such as truck curfews or where access is via an easement that is not apparent on the Certificate of Title or plans)

    • facts about the neighbourhood surrounding the property, which may not be immediately apparent upon inspection (such as sinkholes, surface subsidence, development proposals) that would likely affect the use and enjoyment of the property to a greater extent than the usual disturbances and inconveniences of occupying land of the kind and in the local area of the land being sold
      building work or other work done without a required building permit, planning permit, or that is otherwise illegal

    The property during the current or previous occupation has been the scene of a serious crime or an event which may create long-term potential risks to the health and safety of occupiers of the land, such as:

    • extreme violence, such as a homicide

    • used for the manufacture of substances such as methyl amphetamine, or
      a defence or fire brigade training site involving the use of hazardous materials.
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  • Notices

    Ownership of land requires the owner to have a relationship with many other people and organisations in relation to the land, for instance neighbors, local councils and other authorities including water, gas and electricity.

    These relationships may result in these third parties taking a particular interest in the property and may even lead to the third party sending a notice to the owner in relation to the property.

  • Cladding/Combustible materials

    As part of a state-wide audit carried out by the Victoria Building Authority (VBA) hundreds of buildings have been identified to have some degree of combustible cladding. As an owner, you are required to disclose if your property has any combustible external wall cladding, or if you have been issued an Emergency Order, Building Notice or Building Order.

  • Swimming Pool / Spa

    In the state of Victoria, Australia, a swimming pool barrier is defined as a registered building structure that is specifically constructed and maintained to restrict access to a swimming pool or any body of water deeper than 30 centimeters. This barrier is designed to prevent unauthorized entry, particularly by young children, and must comply with the relevant regulations and standards set forth by the Victorian Building Authority (VBA) and local councils.

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  • Solar Panels

    A solar panel array on a residential property refers to a system of photovoltaic (PV) panels installed on the roof or other parts of a residential building. These panels are designed to capture sunlight and convert it into electricity for use within the property. Solar panel arrays typically consist of multiple panels interconnected to generate sufficient electricity to offset or supplement the household's energy consumption. Installation and compliance with relevant regulations, standards, and local council guidelines are essential for ensuring safe and effective operation of solar panel arrays in Victoria.

  • Auction

    The following screens contain all the information we need to prepare your auction contract promptly.Please take the time to complete each section carefully so we can get started without delay.
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  • Instructions

  • Acknowledgment and Authority to Act

    Prior to the use of any section 32 drawn on this information herein, I/we undertake to read the draft section 32 sent to me/us and approve the same for use and confirm all statements are correct.

    I/We confirm that I/we wish to retain the services of Victorian Conveyancing Pty Ltd trading as Victorian Property Settlements to act on my/our behalf in our current conveyancing transaction, we have checked all of the details on the form herein and confirm that they are correct.

    I/We hereby authorise my/our Lender (if any) to release any information concerning any loans, mortgages or finance to my/our conveyancers Victorian Property Settlements, and instruct Victorian Property Settlements to immediately serve the appropriate notice to protect our interests where the purchaser breaches any sale contract condition.

    I/We hereby acknowledge that Victorian Property Settlements may pay to a third party a referral fee for the introduction of ourselves to them in which we note has no bearing on our costs and will be paid by Victorian Property Settlements (only if applicable).

    I/We further authorise Victorian Conveyancing Pty Ltd and its agents to sign on our behalf any variations to contracts or other agreements, to arrange for the preparation of all documents and papers, to make and receive all telephone communications and facsimile transmissions, to receive any monies due to us and to give valid receipts for monies owing to it at settlement to be drawn from my/our settlement proceeds and we agree if the sale of the property does not proceed we will tender to the payment of Victorian Property Settlements invoice upon receipt of same.

    I/We also consent that should any monies owing to Victorian Property Settlements as per the terms outlined in Victorian Property Settlements cost agreement/quote, we allow a caveat to be registered on any property in which I/we are jointly or severally the registered proprietor now or at any time in the future as security for any outstanding amount. This caveat(s) will remain a charge on the burdened land until the debt, recovery costs, and withdrawal of caveat costs are recovered.

    My/Our agreement to these terms and authority is evidenced by my signature below and or by signing the Section 32 Vendors Statement.

  • Your legal obligations on the sale

    You must ensure that you provide us with as much information as possible. If the Vendor’s Statement is incorrect or incomplete in any way, the Purchaser may be able to avoid the Contract, and also bring an action against you for misleading conduct. This situation could also result in you being liable for the Agent’s commission on the sale, as well as any resale, together with additional legal fees.

     

    Acknowledgment and Authority to Act

    Prior to the use of any section 32 drawn on this information herein, I/we undertake to read the draft section 32 sent to me/us and approve the same for use and confirm all statements are correct.

    I/We confirm that I/we wish to retain the services of Victorian Conveyancing Pty Ltd trading as Victorian Property Settlements to act on my/our behalf in our current conveyancing transaction, we have checked all of the details on the form herein and confirm that they are correct.

    I/We hereby authorise my/our Lender (if any) to release any information concerning any loans, mortgages or finance to my/our conveyancers Victorian Property Settlements, and instruct Victorian Property Settlements to immediately serve the appropriate notice to protect our interests where the purchaser breaches any sale contract condition.

    I/We hereby acknowledge that Victorian Property Settlements may pay to a third party a referral fee for the introduction of ourselves to them in which we note has no bearing on our costs and will be paid by Victorian Property Settlements (only if applicable).

    I/We further authorise Victorian Conveyancing Pty Ltd and its agents to sign on our behalf any variations to contracts or other agreements, to arrange for the preparation of all documents and papers, to make and receive all telephone communications and facsimile transmissions, to receive any monies due to us and to give valid receipts for monies owing to it at settlement to be drawn from my/our settlement proceeds and we agree if the sale of the property does not proceed we will tender to the payment of Victorian Property Settlements invoice upon receipt of same.

    I/We also consent that should any monies owing to Victorian Property Settlements as per the terms outlined in Victorian Property Settlements cost agreement/quote, we allow a caveat to be registered on any property in which I/we are jointly or severally the registered proprietor now or at any time in the future as security for any outstanding amount. This caveat(s) will remain a charge on the burdened land until the debt, recovery costs, and withdrawal of caveat costs are recovered.

    My/Our agreement to these terms and authority is evidenced by my signature below and or by signing the Section 32 Vendors Statement.

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  • Who will be signing on behalf of Vendor One — and why?
    Every ship (or plane!) needs a captain, and we just need to know who’s at the controls. Will it be a Director, Secretary, Sole Director/Secretary of the company, or maybe someone authorised under a Power of Attorney, Court Order, or Guardianship Order?

    Tip: If it’s not the vendor themselves, we’ll need supporting evidence — think of it as their boarding pass to sign on the vendor’s behalf.

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