The legal side of a Victorian property sale is the same whether you sell privately or through an agent, and your conveyancer or lawyer does the heavy lifting. That means you can focus on the fun part: presenting your home and meeting buyers! Here's every step. It's general information, not legal advice.
1. Engage your conveyancer or lawyer
Do this when you choose your PLBO package. They'll prepare the Section 32 and contract of sale, hold the deposit in trust and run settlement.
2. The Section 32 vendor statement
Victoria's disclosure document must be given to the buyer before they sign (conveyancing.com). It includes:
| Section | What it covers |
|---|---|
| Title | the register search statement, the plan, mortgages, covenants, easements and caveats |
| Planning | the planning scheme, zone and overlays |
| Outgoings | council rates, water and sewerage, land tax and other charges |
| Building permits | any issued in the seven years before the sale |
| Services | electricity, gas, water, sewerage and telephone connections |
| Owners corporation | the certificate and prescribed documents, for units and townhouses |
| Due diligence checklist | the prescribed buyer checklist |
Tip: a complete, accurate Section 32 is your friend. It answers buyers' questions up front and helps them sign with confidence.
3. The contract of sale
- Prepared by your conveyancer or lawyer.
- Includes the price, deposit, settlement date, inclusions and any conditions, such as finance or a building inspection.
- Binding once both parties sign, subject to cooling-off where it applies.
4. Cooling-off
| Rule | Detail |
|---|---|
| Length | 3 clear business days |
| Starts | when the buyer signs the contract |
| If the buyer cools off | vendor keeps $100 or 0.2% of the price, whichever is greater |
| No cooling-off | publicly advertised auctions, contracts signed within 3 clear business days before or after one, and some other exceptions |
Source: conveyancing.com.
5. Deposit
Commonly 10%, held in trust by your conveyancer or lawyer until settlement, as the contract sets out.
6. Tax
- ATO clearance certificate. Since 1 January 2025, buyers must withhold 15% on every property sale unless the seller provides a valid clearance certificate at or before settlement (ATO). Apply online when you list.
- Capital gains tax. Your main residence is generally exempt. Investment properties usually aren't, fully or partly. Check with your accountant.
- Land tax. It's disclosed in the Section 32 as an outgoing. Your conveyancer will confirm how it's handled at settlement.
7. Settlement adjustments
Your conveyancer apportions council rates, water charges and owners corporation fees so you pay only for your period of ownership.
8. Safety and building items
- Smoke alarms: keep them working and tested, because buyers notice.
- Pools and spas: Victoria requires pools and spas to be registered with council and their barriers certified. Have your documents ready.
- Building permits: permits from the last seven years are listed in the Section 32, so keep copies handy.
Document checklist: gather these in week one
| Document | Where from |
|---|---|
| Section 32 and contract | your conveyancer or lawyer |
| Council rates notice | your council |
| Water notice | your water corporation |
| Land tax assessment (if applicable) | State Revenue Office |
| Owners corporation certificate | your owners corporation manager |
| Building permits (last 7 years) | your council or building surveyor |
| Pool registration and barrier certificate | your council |
| ATO clearance certificate | ATO online |
9. Settlement day
Settlement happens electronically between conveyancers. You hand over the keys and receive 100% of your sale proceeds. PLBO takes no commission.
The part you control: price and presentation
While your conveyancer looks after the legal steps, you focus on the exciting part! Your PLBO property comparables report shows recent sales of similar homes near you, so you can set your asking price with confidence and talk to Victorian buyers from a position of strength. Then list in minutes with Generate with AI.
Put it into action
Follow the Victorian 8-week plan and choose your PLBO package. While your conveyancer prepares the Section 32, PLBO puts your home in front of buyers on PLBO and across Domain, view, homely, Soho, realty, onthehouse and allhomes*. Let's get it sold!
*Availability on allhomes.com.au may depend on the property's location, listing type and applicable portal requirements.