Ross-Hunt is a leading real estate agency in Victoria with decades of experience helping people successfully buy and sell homes. One thing our team knows well is how important it is to have the correct paperwork in place before listing a property.
Selling a home is not simply about setting a price or marketing the property. It is a formal legal process, and missing even a single required document can lead to delays, complications, or unnecessary costs.
In this article, the team at Ross-Hunt outlines the key legal documents required to sell a residential property in Victoria. Whether you are working with an agent or managing the sale yourself, this guide will help you understand what is required and how to ensure everything is compliant from the outset.
Documents Required to Sell a Property
1. Vendor’s Statement (Section 32 Statement)
Under Victoria’s Sale of Land Act 1962, you must provide a Section 32 statement—the vendor’s statement—to any prospective buyer before they sign the contract. This statement includes:
- Title details, encumbrances, mortgages, easements or covenants
- Council zoning and planning overlays
- Building permits issued within the past seven years
- Notices or orders (e.g., plumbing, fencing, heritage issues)
- Utilities and services connected to the property
- Body corporate or owners corporation details, if relevant
Failing to supply a correct and up-to-date Section 32 can give the buyer grounds to cancel the contract or even lead to legal consequences. If anything changes after you prepare it, you must update it.
2. Contract of Sale
This is the primary legal contract setting out:
- Buyer and seller names
- Property description and price
- Deposit amount
- Settlement date
- Any special conditions
Everyone signs a copy—that’s when contracts are legally binding. If your sale is private (not via auction), a buyer has a 3-business‑day cooling‑off period, during which they can cancel the contract and pay a small penalty.
3. Title Documents and Searches
You’ll need the certificate of title and supporting searches to show your ownership and any registered interests—like easements, caveats, or mortgages. These come from Land Titles Victoria and must be accurate and current.
4. Certificates and Reports
Depending on your property, include:
- Land Information Certificate for council rates and charges
- Water Information Statement, if relevant
- Owners’ corporation certificate, if it’s strata or apartment style
- Building permits and compliance certificates
- Owner‑builder warranty or inspection reports, if owner‑built
5. Statement of Adjustments
This calculates credits or debits for rates, utilities, body corporate fees, and other charges up to the settlement date. It’s critical to avoid disputes at settlement time.
6. Mortgage Discharge Documents
If there’s an outstanding mortgage, you’ll need discharge instructions from your lender. Your conveyancer manages this so the mortgage is cleared at settlement.
7. If Tenanted: Lease Agreements and Bond Information
If you have tenants living in your property, include the tenancy agreement, bond details, rent amount and any notice periods required.
8. Tax and Capital Gains Disclosure (if applicable)
If you’re not selling your principal residence or if GST may apply, you’ll need to make tax disclosures. This often covers Capital Gains Tax or GST implications for commercial or investment properties.
Why Accurate, Up‑to‑Date Documents Matter
Providing all required documents fully and accurately isn’t just a legal formality. It avoids lengthy delays, buyer cancellation rights, or even legal claims. Consumer Affairs Victoria and recent case studies show that omissions or outdated data can sink a deal. My best advice: work with a conveyancer or solicitor to compile and verify everything properly.
In Summary
Before listing your home, make sure you have:
• A complete and current Section 32 vendor’s statement
• A well-drafted contract of sale
• Title documents and official searches
• Property certificates and inspection reports
• The final adjustments statement
• Mortgage discharge papers, if needed
• Lease documents, if the property is tenanted
• Any relevant tax disclosures
Taking the time to gather these documents and keeping them up to date can make the sales process smoother and more professional.
If you’d like expert guidance in preparing these documents or assistance navigating the process of selling a house in Surrey Hills or the surrounding areas, we at Ross Hunt welcome the opportunity to help. Contact us today for a no-obligation discussion.
Frequently Asked Questions
Do I need a real estate agent to sell my house in Victoria?
While you’re not legally required to use a real estate agent, working with an experienced team like Ross Hunt can make the process far smoother. We handle the legal requirements, marketing, negotiations, and inspections, saving you time and helping you secure the best possible result.
How long does it take to sell a house in Victoria?
Timeframes can vary based on location, market conditions, and the type of property. At Ross Hunt, we provide realistic timelines based on current market data and your specific property, so you know what to expect and can plan with confidence.
When should I prepare the Section 32 statement?
You must have the Section 32 vendor’s statement ready before any potential buyer signs a contract. Ideally, get it prepared as soon as you decide to sell, so your agent can legally provide it to interested buyers during the marketing period.
Do I need to disclose if my property was owner-built or renovated?
Yes. If you built or renovated the property within the past seven years, you must disclose the work in Section 32. You may also need to supply building permits, occupancy certificates, or owner-builder warranty insurance, depending on the circumstances.