Consider this if…
- You have received a contract and Section 32 and want to understand what you are signing
- You are unsure whether anything on the title affects the property
- The contract contains extensive or unusual special conditions
- You are concerned about easements, covenants or other restrictions affecting the land
- You are buying an apartment or property subject to an owners corporation
- You have been told something by the agent or vendor that does not appear in the contract
- You want legal advice before paying the deposit or becoming committed to the purchase
- You want a solicitor to identify issues that should be clarified or negotiated before you sign
How it works
Send us the contract and Section 32
Email both documents or upload them through our enquiry form. Tell us when you need the review completed and anything the agent or vendor has told you that is important to your decision.
Today
We read both documents in full
We review the contract and Section 32 together, including the title and plan, easements and covenants, vendor disclosures, relevant certificates, owners corporation information and the dates, conditions and special conditions contained in the contract.
1–2 business days
You receive our written view
We give you a plain-English summary of what you are buying, the issues and risks we identify, what we would want changed or clarified before you sign, and the questions we would want answered first.
With the review
We talk it through
We discuss the review with you and explain anything you want to understand further. Where appropriate, we can identify the issues to raise with the vendor or their representative.
Same or next day
If you proceed, we carry the matter through
If you purchase the property and instruct us to act on the conveyance, the review work carries directly into the transaction. We do not start again by reviewing the same documents from scratch.
Ongoing
Fee
Quoted in writing before we start
GST inclusive
Excludes: Searches and certificates are charged at cost and itemised separately where required.
Our fee is confirmed before any work commences. If you proceed to purchase the property and instruct us to act on the conveyance, the contract and Section 32 review fee is credited in full against our conveyancing fee, subject to the terms of our costs agreement.
Turnaround
Our written view is generally provided within two business days. If you have an upcoming auction or a short deadline to sign, tell us when you contact us and we will let you know whether we can accommodate the required timeframe.
Why review the contract before you sign?
Many of the risks that can cause problems in a Victorian property purchase can be identified from the contract, title and Section 32 before you sign.
A restrictive covenant can affect what you can build. An easement can affect a proposed extension. An owners corporation may have significant liabilities or a special levy. A settlement date may not give you enough time to arrange finance or complete the transaction.
These matters are often contained in documents provided before you sign, but they are not necessarily easy to understand without legal advice.
Once you sign, your position changes significantly.
In a private sale, a cooling-off period may be available in some circumstances, but there are important exceptions. At auction, the contract is generally unconditional and there is no cooling-off period.
The best time to identify a problem is before you are committed to the purchase.
What we actually review
The contract of sale. We review the terms of the contract, including the deposit, settlement, conditions, special conditions, default provisions, adjustments, GST provisions and other terms that may materially affect your obligations.
The Section 32 vendor statement. We review the information disclosed by the vendor and identify matters requiring clarification or further investigation.
Title and plan. We consider the registered title and plan, including easements, covenants, caveats and other restrictions affecting the property.
Restrictions affecting the property. We consider restrictions that may affect how the property can be used or developed, including restrictive covenants and other relevant title or planning matters.
Owners corporation information. Where applicable, we review the available owners corporation information, including fees, special levies, insurance, disputes and other material information.
The information you have been given. If the agent or vendor has made representations that are important to your decision to purchase, tell us about them. We can consider whether those representations are reflected in the contractual documents and whether further enquiries are appropriate.
What can a contract and Section 32 review identify?
Depending on the property and documents, a review may identify issues relating to:
- easements and covenants;
- restrictions on development or use;
- unusual special conditions;
- settlement requirements;
- owners corporation liabilities;
- special levies;
- building permits and notices;
- planning information;
- rates and outgoings;
- GST;
- deposit and default provisions; and
- information requiring further investigation before you sign.
The purpose of the review is not simply to find problems. It is to give you a clear understanding of what you are agreeing to and whether there is anything you should address before signing.
What you receive
You receive a written legal view in plain English.
It is not simply a checklist of documents reviewed. We tell you what we think matters.
Depending on the transaction, our advice will address:
- what you are actually buying;
- what is registered against the property;
- restrictions that may affect what you can do with the property;
- issues requiring further investigation;
- contract terms we would seek to change or clarify;
- questions we would want answered before you sign; and
- whether anything identified gives us cause for concern.
If the contract and Section 32 appear satisfactory, we will tell you that too.
What happens next?
If you decide to proceed with the purchase, we can continue to act for you through the conveyance and settlement.
If you decide not to proceed because of something identified during the review, that can also be a successful outcome.
The value of the review is knowing before you commit.
If you are buying at auction, see our Auction Contract Review service.
If you are buying your first property, see our Buying Your First Home in Victoria guide.
If you are purchasing off the plan, see Buying Off the Plan.
Once you have signed and are proceeding towards settlement, see Settlement and Adjustments.
Frequently asked questions
What is a Section 32 vendor statement?
A Section 32 vendor statement is a disclosure document provided by the vendor in connection with the sale of Victorian real estate. It contains prescribed information about the property and matters affecting it. The Section 32 should be considered together with the contract of sale. Reviewing one without the other can leave important issues unidentified.
Do I get a cooling-off period when buying property in Victoria?
A cooling-off period may apply to certain private property sales in Victoria, but there are important exceptions. You should not assume that you can rely on cooling-off after signing. Auction purchases generally do not have the benefit of a cooling-off period. We recommend obtaining legal advice before signing rather than relying on cooling-off as a safety net.
Can you review a contract before I sign it?
Yes. We regularly review contracts and Section 32 vendor statements before a purchaser becomes legally committed to the transaction. The earlier we receive the documents, the more opportunity there is to identify issues and, where appropriate, raise them with the vendor.
What if the vendor has not disclosed something?
If you believe information about the property has not been disclosed, tell us what you know. We can review the contract, Section 32 and relevant documents and advise you about the issue and whether further enquiries are appropriate.
Do you review off-the-plan contracts?
Yes. Off-the-plan contracts can be significantly more complex than standard residential contracts. We can review provisions dealing with plans, variations, settlement, construction, sunset dates, owners corporation arrangements, adjustments and the vendor's rights under the contract. See our Buying Off the Plan page for more information.
Can you review a contract for a property I intend to develop?
Yes. If you are buying land for a development, we can identify contractual, title and disclosure issues that may affect the proposed use of the property. If development potential is critical to the purchase, we recommend obtaining appropriate planning advice as well as legal advice.
How long does a contract and Section 32 review take?
Our standard turnaround is generally within two business days. If you have an auction or signing deadline, tell us when you contact us and we will let you know whether we can accommodate the required timeframe.
How much does a contract and Section 32 review cost?
Our fee is quoted in writing before we commence. The cost depends on the nature and complexity of the property and documents involved. Any search or certificate costs are separately identified. If you subsequently instruct us to act on the conveyance, the review fee is credited in full against our conveyancing fee, subject to the terms of our costs agreement.
What should I send you?
Ideally, send us the contract of sale, the Section 32 vendor statement, any owners corporation documents, plans or other documents provided by the agent, the date by which you need the review, and anything the agent or vendor has told you that is important to your decision. The more information we have about the property and your intended use of it, the more targeted our advice can be.
Related services
Before you sign, know what you are agreeing to. Send us the contract and Section 32 and tell us when you need the review completed.
Request a Contract & Section 32 Review