Buying or selling a property can feel like everything needs to happen in person.
You may be wondering:
“Do I need to go to the real estate agent’s office to sign the Contract of Sale?”
“Can I sign the contract electronically?”
“Can the agent email the contract to me?”
“Is an electronic signature valid?”
In many Victorian property transactions, the parties may be able to sign documents electronically rather than attending the agent’s office in person.
However, before signing a Contract of Sale, the most important issue is not simply how you sign it.
It is what you are agreeing to sign.
Do I Need to Attend the Agent’s Office to Sign?
Not necessarily.
A buyer or seller does not automatically need to physically attend the real estate agent’s office simply because they are entering into a Contract of Sale.
Depending on the transaction and the documents being used, the parties may be able to receive and sign documents electronically.
This can be particularly convenient if you:
- Live interstate
- Live overseas
- Are working during business hours
- Are unable to travel to the agent’s office
- Are purchasing an investment property
- Are selling a property remotely
Your real estate agent, conveyancer or lawyer can explain the signing arrangements being used for your particular transaction.
Can I E-Sign a Contract of Sale?
In many circumstances, property documents can be signed electronically.
Electronic signing platforms may allow the parties to receive documents by email, review them and apply their electronic signatures without physically printing and returning the documents.
However, whether electronic signing is appropriate depends on the particular document, transaction and circumstances.
You should not assume that every property document can always be signed electronically in exactly the same way.
If you are unsure, ask your conveyancer or lawyer before signing.
Is an Electronic Signature Legally Valid?
Electronic transactions and electronic signatures are recognised under Australian law in many circumstances.
However, there can be specific requirements depending on the type of document and transaction.
For a Victorian property transaction, your conveyancer or lawyer can advise whether the proposed signing method is appropriate for the documents you are being asked to sign.
The important point is:
Do not rely solely on the fact that a document has been sent to you through an electronic signing platform.
You should still make sure you understand the document before signing it.
Can the Real Estate Agent Email Me the Contract?
Yes, a real estate agent may provide property documents electronically.
You may receive a Contract of Sale and other documents by email or through an electronic document platform.
However, receiving the documents electronically does not mean you should rush to sign them.
If you are the buyer, it is sensible to have the Contract of Sale and relevant Vendor Statement reviewed before you sign.
Should I Get the Contract Reviewed Before Signing?
Yes.
The Contract of Sale is one of the most important documents in a property transaction.
Before signing, a buyer should understand matters such as:
- The purchase price
- Deposit amount
- Settlement date
- Special conditions
- Finance conditions, if any
- Building and pest conditions, if any
- Inclusions and exclusions
- Land being purchased
- Any unusual contractual terms
- Any conditions affecting settlement
A contract review can help identify issues before you become legally committed to the purchase.
This is particularly important where the contract contains special conditions or terms that differ from what you expected.
What About the Section 32 Vendor Statement?
For a Victorian property sale, the Vendor Statement is another important document that should be considered before the buyer signs the Contract of Sale.
The Vendor Statement contains information about the property and certain matters affecting it.
A buyer should not treat the Vendor Statement as something that can simply be read after signing.
If you have concerns about the property, title, easements, restrictions, Owners Corporation information or other matters, raise them before signing.
For more information, see our article:
What Is a Section 32 Vendor Statement in Victoria?
Can I Sign First and Get My Conveyancer to Review It Later?
This is generally not a good idea.
If you are the buyer, it is better to have the contract reviewed before you sign rather than assuming you can change the terms later.
Once a Contract of Sale has been properly signed and a binding contract has been formed, you may not simply be able to change your mind or renegotiate the terms.
The availability of a cooling-off right or other contractual rights depends on the circumstances.
If you have questions about the contract, ask before signing.
What Should I Check Before Clicking “Sign”?
Before electronically signing a Contract of Sale, take a moment to check that you are signing the correct document.
At a minimum, confirm:
☐ The property address is correct.
☐ The buyer’s name is correct.
☐ The seller’s name is correct.
☐ The purchase price is correct.
☐ The deposit amount is correct.
☐ The settlement date is correct.
☐ Any agreed conditions have been included.
☐ Inclusions and exclusions are correct.
☐ The Contract of Sale has been reviewed.
☐ The Vendor Statement has been reviewed.
☐ Any building and pest condition is correctly worded.
☐ Any finance condition is correctly worded.
☐ You understand the special conditions.
☐ You understand what you are agreeing to.
If something does not look right, stop and ask before signing.
What If the Contract Has a Building and Pest Condition?
Building and pest conditions need particular attention.
It is not enough to see the words “subject to building and pest” and assume that you are protected.
The actual wording of the condition can determine:
- What inspection can be carried out
- When the inspection must occur
- What constitutes an unsatisfactory result
- What rights the buyer has if an issue is identified
- Whether the buyer can terminate
- Whether the buyer can negotiate
- What evidence is required
Before signing, make sure you understand the condition.
A contract review can be particularly valuable where a buyer is relying on a building and pest condition.
What If the Contract Has a Finance Condition?
The same principle applies to finance conditions.
A buyer should understand:
- The amount of finance required
- The date by which finance must be approved
- What constitutes approval
- What happens if finance is not approved
- What notice must be given
- What rights the buyer has if finance is unsuccessful
Do not assume that having a pre-approval automatically means the finance condition will protect you in every situation.
The wording of the contract matters.
Can Someone Else Sign for Me?
Sometimes a person may sign documents on behalf of another person, but this should not be assumed to be acceptable in every situation.
The authority of the person signing and the relevant legal requirements need to be considered.
For example, additional considerations may arise where:
- A company is purchasing or selling
- A trustee is involved
- An attorney is signing under a power of attorney
- An executor is dealing with a deceased estate
- There are multiple registered proprietors
- A person is signing on behalf of another party
If someone else is going to sign for you, tell your conveyancer or lawyer before the document is signed.
What If There Are Multiple Buyers?
If more than one person is buying the property, each purchaser should make sure their name and ownership arrangement are correct before signing.
This can be particularly important where buyers are considering:
- Joint ownership
- Tenants in common
- Unequal ownership interests
- Purchasing with a partner
- Purchasing with family members
- Purchasing through a company or trust
The ownership arrangement should be considered before the Contract of Sale is signed.
Can the Seller Sign Electronically Too?
Depending on the circumstances and signing method being used, the seller may also be able to sign electronically.
The agent may arrange for the buyer and seller to sign through an electronic signing platform.
The important point is that the relevant parties must properly execute the contract and satisfy the requirements applicable to the transaction.
Your conveyancer or lawyer can advise if there is any uncertainty.
What Happens After Everyone Signs?
Once the relevant parties have signed the Contract of Sale, the contract may become binding, depending on the circumstances and applicable law.
The agent will generally confirm that the contract has been signed by the relevant parties.
The transaction then moves into the next stage of the conveyancing process.
For a buyer, this may include:
- Paying the deposit
- Confirming finance
- Completing required identification
- Arranging building insurance
- Completing any contractual conditions
- Preparing for settlement
For a seller, it may include:
- Confirming settlement arrangements
- Arranging mortgage discharge
- Preparing the property for settlement
- Completing agreed contractual obligations
- Arranging removal and handover of the property
Your conveyancer will guide you through the next steps.
Can I Change My Mind After Signing?
You should not assume that you can simply cancel a Contract of Sale after signing.
There may be a cooling-off right available to a buyer in certain circumstances, but there are exceptions and the rules do not apply equally to every transaction.
There may also be contractual rights or other legal remedies depending on the circumstances.
If you are having second thoughts about a purchase, speak to your conveyancer or lawyer immediately rather than assuming that you can simply withdraw.
What If I Signed the Wrong Version?
If you realise that you have signed the wrong document, an incorrect version or a contract containing an error, contact your conveyancer or lawyer immediately.
Do not simply sign another version without first obtaining advice.
The correct way to deal with an error can depend on whether the contract has already been signed by the other party and whether a binding contract has been formed.
What If I Am Buying From Interstate or Overseas?
You generally do not need to travel to Victoria simply to sign a Contract of Sale.
Electronic communication and electronic signing can make property transactions much easier for interstate and overseas buyers and sellers.
However, additional identification and verification requirements may apply depending on the transaction.
Tell your conveyancer if you are currently outside Victoria or Australia so the signing and identification arrangements can be organised in advance.
What If the Agent Says I Need to Sign Immediately?
Sometimes a buyer may feel pressured to sign quickly because there are other interested buyers.
While property negotiations can move quickly, you should still understand what you are signing.
If you want a contract review, tell the agent that you need time to obtain appropriate advice.
Do not sign a contract simply because you are worried that the property will otherwise be sold to someone else without first understanding the terms you are agreeing to.
Is E-Signing Better Than Signing in Person?
There is no need to choose one method simply because it appears more convenient.
Electronic signing can be:
- Faster
- Convenient
- Useful for interstate buyers and sellers
- Easier when multiple parties are signing
- Helpful when parties are in different locations
Signing in person may still be preferred in some circumstances.
The most important issue is not where you sign.
It is whether you understand what you are signing.
A Simple Contract Signing Checklist
Before signing your Contract of Sale:
- Read the contract carefully.
- Check the property details.
- Check the purchase price.
- Check the deposit.
- Check the settlement date.
- Review the Vendor Statement.
- Check special conditions.
- Check finance conditions.
- Check building and pest conditions.
- Confirm inclusions and exclusions.
- Obtain a contract review if required.
- Ask questions before signing.
- Only sign when you understand the agreement.
Frequently Asked Questions
Do I need to go to the real estate agent’s office to sign a Contract of Sale?
Not necessarily. Depending on the transaction and documents involved, electronic signing may allow you to sign without attending the agent’s office.
Can I sign a Contract of Sale electronically in Victoria?
Electronic signing may be available for many property transactions, but the appropriate signing method depends on the document and circumstances. If you are unsure, ask your conveyancer or lawyer before signing.
Can the agent email me the Contract of Sale?
Yes, property documents may be provided electronically. However, you should review the contract and Vendor Statement before signing.
Should I get a contract review before signing?
Yes, particularly if you are a buyer and are unsure about the terms, special conditions, finance provisions or building and pest conditions.
Can I sign first and get legal advice later?
It is generally safer to obtain advice before signing. Once a binding contract has been formed, you may not be able to change the terms simply because you later discover something you do not like.
Can someone sign the contract for me?
This may be possible in certain circumstances, but the person’s authority and the requirements for signing on your behalf need to be considered. Speak to your conveyancer or lawyer before arranging this.
What if I am interstate?
You generally do not need to travel to Victoria just to sign a Contract of Sale. Electronic signing may allow the transaction to proceed remotely, subject to the applicable requirements.
What happens after I sign?
The next steps depend on whether you are the buyer or seller. Your conveyancer will guide you through deposit, finance, settlement preparation and other contractual requirements.
How Prox Conveyancing Can Help
At Prox Conveyancing, we understand that signing a Contract of Sale can be an exciting but important step in a property transaction.
We can review the Contract of Sale and Vendor Statement before you sign and help you understand important contractual terms and potential issues.
If you are buying or selling property in Victoria and would like professional assistance before signing, contact Prox Conveyancing to discuss your transaction.
About the Author
Meet Sally
Sally Kwok is a Licensed Conveyancer and the Director of Prox Conveyancing. With more than 16 years of experience in the conveyancing industry, she is committed to helping buyers and sellers navigate Victorian property transactions with confidence. Sally is passionate about providing clear communication, practical guidance and personalised service throughout every stage of the conveyancing process.
👉 Learn more about Sally on our About page.
About Prox Conveyancing
Prox Conveyancing is a Victorian conveyancing practice providing professional conveyancing services for residential property transactions across Victoria. We assist buyers, sellers, investors and families with a wide range of conveyancing matters, delivering personalised service, transparent communication and professional support from contract through to settlement.
👉 Learn more about Prox Conveyancing on our About page.
This article provides general information only and is not legal advice. Whether a document can be electronically signed, whether a contract is binding and what rights a party has after signing depend on the circumstances and applicable laws. If you require advice about a specific Contract of Sale, please contact a qualified legal professional or licensed conveyancer before signing.