Section 32 Vendor Statements Explained | The Complete VIC Buyer’s Guide

Buying a home in Victoria? Before you sign anything, you should get a copy of the section 32 vendor statement. It is one of the most important documents in your purchase.

This guide explains what it includes, what it leaves out, your rights if it is wrong, and the changes coming in 2027.

At a glance

• A section 32 statement is a legal document the seller must give you before you sign the contract. It comes from section 32 of the Sale of Land Act 1962 (Vic).
• It covers title, mortgages, easements, covenants, planning, rates and other outgoings, owners corporation details and more.
• It does not tell you about the condition of the building. You need a building inspection for that.
• If it is missing, false or incomplete, you may be able to cancel the contract, usually up until settlement.
• Most private sales have a 3 clear business day cooling-off period. Auctions don’t.
• New rules will make sellers provide the statement earlier. They start by 1 June 2027 at the latest.

What is a section 32 vendor statement?

A section 32 vendor statement (often just called a “section 32”) is a document about the property. The seller, who the law calls the vendor, must sign it. An electronic signature is fine.

It is required by section 32 of the Sale of Land Act 1962 (Vic). Sections 32A to 32I of that Act list what it must contain. It is usually prepared by the seller’s lawyer or conveyancer.

Why does it matter? It tells you about legal issues you can’t see at an open home. Think of loans secured on the land, rights other people have over it, and planning rules that limit what you can build.

When must the seller give you the section 32?

Under the current law, the seller must give you the section 32 statement before you sign the contract. In practice, the selling agent usually has it ready for buyers before the auction or sale.

Ask for it as soon as you are serious about a property. That gives your lawyer or conveyancer time to review it before you make an offer or bid.

There is one exception. If you and the seller already signed a contract for the same property on substantially the same terms, and you got a section 32 then, the seller doesn’t need to give you another one.

What does a section 32 statement in Victoria include?

The Act sets out what a section 32 statement in Victoria must contain. Some items only apply to certain properties. Here are the main ones.

Title documents

The title is the official record of who owns the land. The statement must attach a copy of the title search (called a Register Search Statement) and the plan of the land. Extra documents are needed if the land is being subdivided or the seller isn’t the registered owner.

Mortgages and charges

A mortgage is a loan secured over the property. The statement must give details of any mortgage that won’t be paid off before you take possession. Most sellers pay out their mortgage at settlement, so this is often blank.

Rates, land tax and other outgoings

Outgoings are the regular costs of owning land. The statement must show council rates, taxes (such as land tax) and other charges, including any unpaid amounts and interest. Or it can state a maximum total.

Easements, covenants and road access

An easement is a right someone else has to use part of your land, such as for drainage or sewer pipes. A covenant is a rule on the title that limits how you can use the land, such as allowing only one house.

The statement must describe these, and any known breach. It must also say if there is no road access.

Planning and bushfire risk

It must name the planning scheme, the council responsible for it, the zoning and any planning overlays. Zoning and overlays control what you can build or change. If the land is in a designated bushfire prone area, it must say so.

Government notices

It must list notices, orders or approved proposals from government bodies that directly affect the land, where the seller could reasonably be expected to know about them. This includes any notice that the government intends to compulsorily acquire the land.

Building permits, insurance and owner-builder work

If there is a home on the land, the statement must list any building permits issued in the last 7 years.

If an owner-builder built or renovated the home and the sale is caught by the owner-builder rules in the Building Act 1993 (Vic), the statement must include details of the required building insurance.

Owners corporation details

An owners corporation (sometimes called a body corporate) manages shared areas in apartments, units and some estates. If the property is part of one, the statement must attach the owners corporation certificate and related documents. These show fees, insurance and other key details.

Services

It must say if electricity, gas, water, sewerage or telephone services are not connected.

The due diligence checklist

Separately, the seller or agent of a home or vacant residential land must make the Consumer Affairs Victoria due diligence checklist available to buyers. It is a useful list of extra things to check.

What a section 32 statement doesn’t tell you

A section 32 is about legal and title matters. It does not tell you about the condition of the buildings, whether they meet building rules, or whether the measurements on the title are accurate.

You need to check these yourself. Get a building and pest inspection, and check boundaries, flood risk, pool barriers and planned developments nearby.

Our article on why building inspections matter is written for NSW buyers, but the reasons to get an inspection are the same in Victoria.

What if the section 32 is missing, wrong or incomplete?

Section 32K of the Act protects you. You may be able to rescind the contract if the seller:

• gave you false information in the statement or its attachments
• left out information the law requires
• didn’t give you a signed statement before you signed the contract

To rescind means to cancel the contract and put both sides back where they started. You must act before you accept title and become entitled to possession. For most buyers, that means before settlement.

There is a limit. A court can stop you cancelling if the seller acted honestly and reasonably and should fairly be excused, and you are in substantially as good a position as if the rules had been followed. So a small, harmless mistake may not let you walk away.

A contract term can’t take these rights away. But get legal advice before you send any notice. Ending a contract the wrong way could put you in breach.

How the section 32 works with the cooling-off period

Section 31 of the Act gives most residential buyers a cooling-off period. You can end the contract within 3 clear business days after you sign it. Confirm your exact deadline with your lawyer.

You must give signed written notice in the way the Act requires. The seller can keep $100 or 0.2% of the price, whichever is more. On an $800,000 home, that is $1,600.

The cooling-off period does not apply if:

• you buy at a publicly advertised auction
• you buy within 3 clear business days before or after a publicly advertised auction, or on auction day
• you previously signed a contract with the seller for the same land on substantially the same terms
• you are an estate agent or a company
• the land is mainly used for commercial or industrial purposes, or is farm land over 20 hectares

Because cooling-off is short and often unavailable, have the section 32 reviewed before you sign or bid. Your section 32 rights are separate and can apply until settlement.

Section 32 changes coming in 2027

The Consumer Legislation Amendment Act 2026 (Vic) became law on 8 September 2026. It will change the section 32 and deposit rules. Consumer Affairs Victoria lists these changes as starting in 2027. Until then, the current rules apply.

Earlier access to the section 32

The seller will need to make the statement available to buyers who ask for it, in hard copy or electronically:

• Private sale: from 14 days after the property is first publicly advertised
• Auction or fixed-date sale: from 14 days before the auction or the fixed date
• Not advertised, or sold sooner: before you sign the contract

The seller will also have to tell you in writing about any changes to the statement before you sign.

These changes start on a date set by the government, or on 1 June 2027 at the latest. Contracts signed in the first 28 days after the start date stay under the old rules.

Early release of the deposit

The current process that can let a seller get the deposit before settlement will be removed. Instead, the deposit can only be released early if the contract includes a condition both sides agreed to.

Agents also won’t be able to take their commission from an early released deposit before settlement. These changes start by 1 July 2027 at the latest.

Practical tips and red flags

Tips before you sign or bid

1. Ask the agent for the section 32 and contract early.
2. Have a lawyer or conveyancer review both before you sign or bid.
3. Book a building and pest inspection.
4. Decide how you will own the property with anyone else. Our guide to joint tenants vs tenants in common explains the options (it is NSW-focused, but the concepts are similar).
5. Think about whether title insurance is right for you.

Red flags to raise with your lawyer

• The statement is unsigned, or attachments are missing.
• The seller’s name doesn’t match the registered owner, with no explanation.
• A covenant or easement affects where you want to build or extend.
• Recent major work, but no building permit is listed.
• Owners corporation documents that mention big upcoming works or disputes.

Section 32 summary table

Frequently asked questions

Can I get the section 32 before I make an offer?

Yes. Ask the selling agent. It is usually available before the auction or sale, so you can have it reviewed early.

Does a section 32 replace a building inspection?

No. It does not cover the condition of the buildings. You should still get a building and pest inspection.

If I buy at auction, can I still rely on the section 32?

Yes. There is no cooling-off period at auction, but your section 32 rights can still apply. Have it checked before auction day.

Need help buying property in Victoria?

We can review your section 32 vendor statement and contract, explain anything unusual in plain English, and guide you through to settlement. Learn more about our buying a property conveyancing service.

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This article is general information only and is not legal advice. It reflects Victorian law at the date of publication. Please contact us for advice about your circumstances.