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Frequently Asked Questions About Conveyancing in Victoria

Buying or selling property can involve many legal documents, important deadlines and decisions. At Prox Conveyancing, we understand that clients often have questions about the conveyancing process.

Below are answers to some common questions about buying, selling, property contracts, settlements, fees and property documents in Victoria.

Buying Property in Victoria

What does a conveyancer do?

A conveyancer assists with the legal process of buying or selling property. In Victoria, a conveyancer can help prepare and review property documents, conduct property searches, manage contracts, communicate with other parties and coordinate settlement.

For buyers, a conveyancer can assist with reviewing the Contract of Sale and Section 32 Vendor Statement, arranging searches and ensuring the transfer of ownership is completed correctly.

For sellers, a conveyancer can prepare sale documents, manage the contract process and assist with settlement.

 

Read our detailed guide: Buyer Conveyancing in Victoria

Ideally, you should engage a conveyancer before signing a Contract of Sale.

For buyers, having a conveyancer review the Contract of Sale and Section 32 Vendor Statement before signing can help identify potential issues and ensure you understand the terms of the purchase.

For sellers, engaging a conveyancer before marketing the property allows time to prepare the Contract of Sale and Section 32 Vendor Statement.

Early involvement can help reduce delays and provide confidence throughout the transaction.

 

Read our detailed guide: Buyer Conveyancing in Victoria

Before signing a Contract of Sale in Victoria, buyers should carefully review important documents and consider obtaining professional advice.

Key matters to check include:

  • The Contract of Sale terms and special conditions
  • The Section 32 Vendor Statement
  • Property title information
  • Easements, covenants or restrictions affecting the property
  • Owners corporation information (if applicable)
  • Any conditions relating to finance, building inspections or other matters

Once signed, a Contract of Sale is generally legally binding, so it is important to understand the documents before committing.

 

Read our detailed guide: Buyer Conveyancing in Victoria and Contract Review Victoria

A Section 32 Vendor Statement is a legal disclosure document provided by a seller to a buyer before the buyer signs a Contract of Sale in Victoria.

It contains important information about the property, including title details, mortgages, easements, covenants, planning information, rates and other relevant matters.

The purpose of the Section 32 is to provide buyers with information about the property before entering into the contract.

Buyers should carefully review the Section 32 and seek advice if they do not understand any information provided.

Read our detailed guide: Section 32 Vendor Statement Victoria: What Buyers Need to Know Before Signing

After a Contract of Sale is signed, the transaction moves toward settlement.

The conveyancer will usually:

  • Confirm contract details
  • Communicate with the other party’s representative
  • Arrange required searches and documents
  • Prepare settlement documents
  • Coordinate with lenders where required
  • Arrange electronic settlement through PEXA

Buyers and sellers should ensure they complete any required steps before settlement, including providing information requested by their conveyancer.

 

Read our detailed guide: What Happens After Signing a Property Contract in Victoria? Proeprty Settlement Guide

Selling Property in Victoria

What documents are required to sell a property?

When selling property in Victoria, sellers generally need a Contract of Sale and a Section 32 Vendor Statement.

Depending on the property, additional documents may be required, such as:

  • Title documents
  • Planning information
  • Owners corporation information (if applicable)
  • Rates and other property information

A conveyancer can assist with preparing and reviewing the required documents to ensure the sale process starts correctly.

 

Read our detailed guide: Seller Conveyancing in Victoria and Selling Property in Victoria: What Does a Conveyancer Do for Sellers?

In Victoria, the seller’s conveyancer or legal practitioner usually prepares the Contract of Sale and Section 32 Vendor Statement before the property is sold.

The documents should accurately reflect the property details and the terms of the proposed sale.

Preparing these documents correctly before marketing the property can help avoid delays and potential issues during the sale process.

 

Read our detailed guide: Seller Conveyancing in Victoria and Selling Property in Victoria: What Does a Conveyancer Do for Sellers?

Settlement is the final stage of a property transaction when ownership transfers from the seller to the buyer.

On settlement day:

  • The buyer provides the balance of the purchase price
  • The title is transferred to the buyer
  • The seller receives the sale proceeds
  • The buyer can generally collect the keys after settlement is completed

Most Victorian property settlements are completed electronically through PEXA, with conveyancers coordinating the process on behalf of their clients.

Read our detailed guide: What Happens on Settlement Day in Victoria? A Step-by-Step Guide

Fees & Costs

How much does conveyancing cost in Victoria?

How much does conveyancing cost in Victoria?

The cost of conveyancing in Victoria depends on the type and complexity of the transaction.

The total cost may include:

  • Professional conveyancing fees
  • Property searches
  • Government fees
  • Electronic settlement fees
  • Other third-party charges

The cost may vary depending on whether you are buying, selling, transferring property or dealing with a more complex transaction.

A professional conveyancer should provide clear information about fees and expected costs before being engaged.

 

Read our detailed guide: Conveyancing Cost Victoria: A Complete Guide to Conveyancing Fees and Charges

Conveyancing disbursements are costs paid to third parties during the conveyancing process.

Examples may include:

  • Property searches
  • Title searches
  • Government charges
  • Electronic settlement fees
  • Other required document fees

Disbursements are separate from the conveyancer’s professional fee and may vary depending on the transaction.

 

Read our detailed guide: Conveyancing Cost Victoria: A Complete Guide to Conveyancing Fees and Charges

Some conveyancers offer fixed professional fees for standard property transactions. However, additional costs may apply depending on the circumstances of the matter.

Before engaging a conveyancer, you should understand:

  • What services are included
  • Whether searches and other costs are included
  • Whether additional charges may apply

Clear cost information helps clients make an informed decision.

 

Read our detailed guide: Conveyancing Cost Victoria: A Complete Guide to Conveyancing Fees and Charges

 

Property Titles & Issues

What is a caveat?

A caveat is a legal notice recorded on a property title that protects a person’s claimed interest in the property.

A caveat does not transfer ownership of the property. Instead, it acts as a warning that another person may have an interest or claim affecting the property.

If a caveat appears on a title, it is important to understand who lodged it and what interest it protects before proceeding with a transaction.

 

Read our detailed guide: What is a Caveat in Victoria? Complete Guide to Lodging, Removing and Understanding Property Caveats

 

An easement is a legal right that allows a person, organisation or authority to use part of another person’s land for a specific purpose.

Common examples include easements for:

  • Drainage
  • Sewerage
  • Water
  • Electricity
  • Access

An easement does not necessarily prevent you from buying or using a property, but it may affect how certain parts of the land can be used.

Buyers should review any easements affecting a property before purchasing.

 

Read our detailed guide: What Is an Easement on a Property Title in Victoria?

Property searches are enquiries carried out during the conveyancing process to obtain important information about a property.

Depending on the transaction, searches may provide information about:

  • Council rates
  • Planning information
  • Land tax
  • Water charges
  • Property restrictions
  • Other matters affecting the property

Property searches help buyers understand potential issues before settlement and make informed decisions about their purchase.

 

Read our detailed guide: What Are Property Searches in Victoria and Why Are They Important?

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