Property & conveyancing

Contract & section 32 review.

A contract of sale and a section 32 vendor statement set out what you are buying: the price and settlement terms, and the easements, covenants, owners corporation details, planning and approvals attached to the property. Once the contract is signed, or the hammer falls at auction, a buyer is bound by what those documents say. CMK Legal in Richmond acts for buyers who want the contract and section 32 looked at before they commit.

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Solicitor-reviewed

Contracts and section 32 statements are looked at by a Victorian property lawyer.

Fast turnaround

We aim to look at contracts promptly, and prioritise anything with an auction or signing deadline.

Fixed fee, quoted first

Quoted as a fixed fee before any work begins.

Victorian property law

Framed around the Sale of Land Act 1962 and current conveyancing rules.

What a contract and section 32 involve.

A Victorian purchase runs on two documents. The contract of sale sets the price, the deposit, the settlement date and any special conditions. A contract for the sale of land must be in writing and signed to be binding (section 126 of the Instruments Act 1958), and once it is signed the terms are largely fixed, so the time to understand them is before signing.

Section 32 of the Sale of Land Act 1962 requires a vendor to give the buyer a statement disclosing a defined set of matters before the contract is signed: title, easements and covenants, owners corporation details, planning, outgoings, notices and services among them. Where a statement is false or leaves out something it should contain, a buyer may have a right to end the contract, though that right is limited (section 32K) and depends on acting before settlement.

Reviewing the documents before signing is about understanding what they contain and what the options are, including whether any change is worth raising with the vendor. Whether the vendor agrees to a change is a matter for negotiation between the parties.

There is no cooling off once a property is bought at auction, and only a short window on most private sales. The documents are most useful to look at before signing or bidding, while there is still room to act on what they contain.

Why understanding the documents matters.

The documents decide what you are buying

The contract and section 32 set the terms and disclose what is attached to the property. Understanding them before signing is the difference between buying with your eyes open and finding out afterwards.

Issues are easier to deal with before signing

Before a contract is signed, matters like the settlement date, deposit, special conditions and disclosed restrictions may still be open to negotiation between the parties. Once it is signed, a buyer's position is largely fixed.

The section 32 has limits

A vendor statement discloses the matters the Sale of Land Act 1962 requires, but not everything about a property. Some risks sit outside it and are due diligence questions rather than disclosure questions.

Fixed fee, known up front

The cost is quoted before any work begins, so there is no open-ended commitment.

Consider a review if.

  • You are about to sign a private sale contract
  • You plan to bid at auction and need the documents checked first
  • You are buying off the plan or a property still under construction
  • The section 32 mentions a permit, notice, order or covenant
  • The property is in an owners corporation or a staged subdivision
  • You are buying through a company, trust or SMSF
  • The vendor's lawyer has added special conditions to the standard form
  • You want changes made to settlement date, deposit or inclusions before you sign

The earlier the documents are looked at, the more room there is to act on what they contain. Most issues are easier to address before signing than to argue about afterwards.

How a review works.

  1. 01

    Send the documents

    Provide the contract and section 32, or ask the agent to send them through.

  2. 02

    Fixed-fee quote

    You receive a quote before any work begins, with no obligation to proceed.

  3. 03

    Review

    A property lawyer looks over the contract and section 32.

  4. 04

    We talk it through

    We go through what the documents mean and the options before you sign or bid.

Fixed-fee contract review.

The review is quoted as a fixed fee before any work begins. Where we go on to act on the purchase, the review fee is credited against the conveyancing fee.

Request a fixed-fee quote

FAQs

Contract & section 32 review FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

How quickly can a contract be reviewed?
We aim to look at contracts promptly and prioritise anything with an auction or signing deadline, so tell us the timing when you send the documents.
What exactly is a section 32 vendor statement?
It is the disclosure statement the Sale of Land Act 1962 requires a vendor to give a buyer before the contract is signed. It covers title, easements and covenants, owners corporation details, planning, outgoings, notices and any building permits from the last seven years, among other things. If it is false or leaves out something it should include, that can give the buyer a right to rescind, though the Act sets limits on when.
Can changes to the contract be negotiated?
Before signing, terms like the settlement date, deposit, inclusions and conditions may still be open. Changes can be raised with the other side before you are bound, though whether the vendor agrees is a commercial matter for them.
Are off-the-plan contracts different?
Yes. They carry extra issues such as sunset dates, developer variation rights and finishes, so they need a closer look. See our off-the-plan page for those specifics.
What does a contract and section 32 review not cover?
It is a review of the documents, not a physical inspection or a guarantee about the property. Matters like the condition of the building, swimming pool or spa compliance, and specific council, planning or building approvals can sit outside the vendor's disclosure and may need a separate inspection or specialist check. A review helps you understand the documents and where those further checks may be needed.
Can a vendor contract out of the section 32 disclosure?
No. Any attempt by a vendor to contract out of the disclosure obligations is void (section 32N of the Sale of Land Act 1962). The duty to disclose is not something the contract can sign away, which is one reason the statement is worth reading closely.
When is a buyer actually bound?
Once the contract is signed and exchanged. A private sale is usually subject to a short cooling off period; an auction purchase is immediate, with none. Because a contract for land must be in writing and signed to bind a buyer (section 126 of the Instruments Act 1958), the documents are best understood before signing, not after.

Related services.

Buying property

Contracts reviewed before you sign, conditions negotiated and settlement run for a fixed fee.

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Auction contract review

Contract and section 32 reviewed before you raise your hand, bidding is unconditional.

Learn more

Off-the-plan purchases

The contract is written for the developer. We read it for the sunset clause, variations and finishes before you sign.

Learn more

First home buyers

Grants, duty concessions, cooling off and auction rules explained plainly before your first purchase.

Learn more

About to sign or bid?.

Send us the contract, title or plan and we will tell you where you stand. Start online in a few minutes, or book a consultation and speak to a property lawyer the same business day.

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