Selling a property involves more than finding a buyer and signing a Contract of Sale.
From preparing the required documents to completing settlement, a conveyancer plays an important role in helping sellers manage the legal process and avoid unnecessary delays.
At Prox Conveyancing, we assist Victorian property sellers throughout the conveyancing process, from preparing for sale through to settlement.
When Should a Seller Contact a Conveyancer?
Many sellers contact a conveyancer only after accepting an offer. However, engaging a conveyancer before the property is advertised for sale can help ensure the required documents are prepared correctly and on time.
Before selling, your conveyancer can assist with:
- Preparing the Section 32 Vendor Statement
- Reviewing the Contract of Sale
- Identifying potential title issues
- Checking property information
- Preparing for settlement requirements
Early preparation can help avoid delays once a buyer is found.
Preparing the Section 32 Vendor Statement
In Victoria, a seller generally must provide a Section 32 Vendor Statement to a prospective buyer before the buyer signs the Contract of Sale.
The Section 32 provides important information about the property, including matters such as:
- Title information
- Easements
- Covenants
- Planning information
- Rates and other outgoings
- Owners corporation information (where applicable)
A Section 32 must be accurate and complete. Incorrect or missing information may create problems during the sale process.
Reviewing the Contract of Sale
The Contract of Sale sets out the legal terms of the transaction.
A conveyancer can help sellers ensure the contract properly reflects the agreed terms, including:
- Purchase price
- Deposit arrangements
- Settlement date
- Special conditions
- Any other relevant terms
Having the contract prepared correctly before marketing the property can help the sale process run more smoothly.
What Happens After a Buyer Signs the Contract?
Once a buyer signs the Contract of Sale and the seller accepts it, the contract becomes legally binding (subject to any conditions included in the contract).
Your conveyancer will then assist with:
- Confirming contract details
- Communicating with the buyer’s representative
- Preparing settlement documents
- Arranging adjustments for rates and other outgoings
- Preparing for settlement
What Happens on Settlement Day for Sellers?
Settlement is the final stage of the sale process.
On settlement day:
- The buyer pays the balance of the purchase price
- Ownership transfers to the buyer
- The seller receives the sale proceeds
- The buyer can generally collect the keys
Most Victorian settlements are completed electronically through PEXA, with conveyancers managing the process on behalf of their clients.
Common Mistakes Sellers Should Avoid
Preparing the Section 32 Too Late
Waiting until a buyer is interested before preparing documents may delay the sale process.
Providing Incorrect Property Information
Information in the Section 32 must be accurate. Sellers should provide all relevant details to their conveyancer.
Not Advising of Changes Before Settlement
Sellers should notify their conveyancer if circumstances change, including changes affecting ownership or the property.
Assuming the Agent Handles Everything
A real estate agent helps market and negotiate the sale, but the conveyancer manages the legal aspects of the transaction.
Why Choose a Conveyancer Before Selling?
Having a conveyancer involved early can help sellers:
- Identify potential issues before listing
- Prepare compliant documents
- Understand their obligations
- Reduce settlement risks
- Complete the transaction smoothly
Frequently Asked Questions
Do I need a conveyancer to sell property in Victoria?
While a real estate agent manages the sale process, a conveyancer or legal practitioner assists with the legal requirements of transferring ownership and preparing documents.
When should I prepare my Section 32 Vendor Statement?
Ideally, the Section 32 should be prepared before the property is marketed for sale so it is ready when a buyer is interested.
Who prepares the Contract of Sale in Victoria?
The seller’s conveyancer or legal practitioner usually prepares the Contract of Sale and Section 32 Vendor Statement.
Can a seller change their mind after signing a Contract of Sale?
Once a Contract of Sale is signed, it is generally legally binding. Sellers should obtain advice before taking any action.
Need Help Selling Property in Victoria?
Selling property involves important legal steps that should be handled carefully.
Prox Conveyancing provides professional seller conveyancing services throughout Victoria, helping sellers prepare documents, manage contracts and complete settlement.
Contact Prox Conveyancing if you need assistance with your property sale.
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. Property transactions vary depending on individual circumstances. If you require advice about your specific situation, please seek professional assistance.