Property · Knowledge Hub

What is the due diligence checklist and does a vendor have to provide it?.

Reviewed 12 Oct 2026
Short answer. For a residential sale, the vendor's estate agent, or the vendor if there is no agent, must make a due diligence checklist available to buyers under section 33 of the Sale of Land Act 1962, in the form published by Consumer Affairs Victoria. It does not have to be in the section 32 statement, and failing to give it does not invalidate the contract.

The due diligence checklist is a general guide for prospective residential buyers, prompting them to consider matters such as planning, flooding, bushfire risk, utilities and building soundness before they commit. It is a standard published document rather than property specific disclosure.

Section 33 requires it to be made available to buyers in a residential sale, but it sits apart from the section 32 statement. Unlike defective section 32 disclosure, failing to give the checklist does not give the buyer a right to end the contract and does not invalidate it.

It is a starting point for a buyer's own inquiries, not a substitute for them.

This is the kind of matter CMK Legal's property and conveyancing team handles.

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The checklist is generic, so it does not replace inspections, searches or advice on the particular property. Its absence does not undo a contract, so a buyer cannot rely on it as an exit.

Law referenced: Sale of Land Act 1962 s 33.

Disclaimer: This information is general only and is not legal, accounting, financial or tax advice. Laws and regulations change and this content may become outdated. Do not rely on it without obtaining professional advice tailored to your circumstances.

Doing your due diligence?.

Have the contract and section 32 reviewed alongside your checks by a CMK Legal property lawyer.