FAQ

Common questions, honestly answered.

A long list of the questions we hear most — about Victoria's specific rules around contracts, disclosures, cooling off, stamp duty, and the digital settlement workspace. If your question isn't here, it probably should be — tell us.

The basics

What is conveyancing, and do I need it?

Do I actually need a conveyancer?

Technically no. Victoria lets anyone do their own conveyancing. Realistically? It's like representing yourself in court — possible, but the cost of a small mistake is enormous, and the cost of a conveyancer is not. Most disputes we see are between two parties where neither used one. We're not the people to ask whether you need a conveyancer in Victoria; ask the people who didn't use one.

Conveyancer or solicitor — what's the actual difference?

In Victoria, licensed conveyancers are regulated under the Conveyancers Act 2006 and trained specifically in property transactions. Solicitors are generalist legal practitioners who can also conduct conveyancing as part of legal practice. For a standard purchase or sale, a conveyancer is the right call — focused, faster, less expensive, and (on average) more familiar with PEXA workflows because it's all we do. If your matter has a litigation dimension (a contested estate, a boundary dispute, anything involving a court application), we'll tell you when you need a lawyer instead of, or alongside, us.

How much does conveyancing cost?

Our professional fee is a fixed amount, given upfront, and depends on the complexity of the matter (a straightforward purchase is less than a subdivision). Disbursements — title searches, lodgement fees, statutory authority certificates — are passed through at cost. We send you a written quote before you instruct us. No "subject to" pricing.

When should I engage you — before or after I sign?

Before. Always before. The single highest-value thing a conveyancer does is review the Section 32 and Contract of Sale before you sign — when you still have leverage to negotiate, request changes, or walk away. Once you've signed, your options narrow significantly, especially after the cooling-off period ends. We can usually turn around a written contract review inside 24 hours.

Section 32 + the contract

About what you're actually signing.

What is a Section 32, in plain English?

Victoria's Sale of Land Act 1962 forces vendors to disclose certain things about a property before you buy it: title details, mortgages or caveats, planning info, building permits in the last seven years, outgoings (rates, water, owners corporation fees), notices from authorities, anything that limits use of the land. The Vendor Statement (Section 32) is that disclosure. It's the thing we read for you, carefully, twice — and the thing you should not skim.

And a Section 27?

Section 27 of the Sale of Land Act lets the deposit money be released to the vendor before settlement, instead of sitting in the agent's trust account. Useful for vendors who want to use their deposit toward a purchase. We only sign one off when we're satisfied the contract is unconditional and the disclosure stacks up.

What if the Vendor Statement leaves something out?

The Sale of Land Act gives the buyer rights — including, in serious cases, rescission of the contract before settlement. The most common omissions we see: undisclosed planning overlays, unapproved structures, easements not noted, and outstanding owners corporation special levies. We catch these on review. After settlement, options narrow to damages — yet another reason to engage a conveyancer before you sign, not after.

Is there a cooling-off period?

For most private residential sales in Victoria: yes, three clear business days from the day you sign. For auctions: no — the moment the hammer falls, you're locked in. There are exceptions (sales between licensed real estate agents, sales within three days of an auction at the auction venue, and certain commercial or large-property sales). The penalty for cooling off is the greater of $100 or 0.2% of the purchase price. Don't sign with cooling off in mind — sign because you're sure.

Can I pull out after the cooling-off period ends?

Only if a contractual condition fails — the most common being a finance condition (your loan isn't approved by the date in the contract) or a building & pest condition (the report uncovers something material). Once those conditions are satisfied, the contract is unconditional. After that, walking away usually means losing your deposit and being chased for damages on resale. Make sure your contract has the conditions you actually need before you sign.

Stamp duty + concessions

What you'll pay — and what you might not.

Stamp duty — am I really going to pay that much?

Probably yes. Victoria's Land Transfer Duty (the official name for stamp duty) is calculated on the dutiable value of the property — usually the purchase price — and rises sharply once you cross $600,000. Concessions exist (see below), and we calculate the actual figure for you before you sign, so the number on your settlement statement isn't the first time you see it.

What concessions am I eligible for?

The most common ones in Victoria: First Home Buyer (full exemption up to $600k, partial up to $750k, you must live in the property for 12 continuous months within the first 12 months of settlement); Principal Place of Residence (price ≤ $550k, you live in it); Pensioner (capped purchase price, eligible cardholder); Off-the-Plan (FHB to $750k or PPR to $550k, dutiable value calculated only on land + completed work as at contract date); and the First Home Owner Grant ($10,000 toward new homes only, ≤ $750k, regional FHOG was $20,000 historically). Eligibility is fact-specific. We'll work out the exact number for your circumstances.

Foreign Purchaser Additional Duty — does this apply to me?

If you're not an Australian citizen or permanent resident, you may be liable for an additional 8% Foreign Purchaser Additional Duty on top of standard stamp duty (and potentially the Absentee Owner Surcharge on land tax). There are exemptions (NZ Special Category Visa holders, partner exemption rules, exemptions for some types of land). We work this out as part of the duty assessment — don't assume the agent has already.

Settlement + PEXA

How the actual transfer happens.

What's PEXA and why does everyone keep mentioning it?

PEXA (Property Exchange Australia) is the digital workspace where settlements happen. It replaced paper settlements almost entirely from 2018. Buyer's rep, vendor's rep, both lenders, and Land Use Victoria all log into a shared workspace, sign electronically, and the funds + title transfer simultaneously. Faster, more secure, and harder to lose paperwork. We're a registered PEXA member and lodge all our matters this way.

How long does settlement actually take?

Settlement happens on a date set in the contract — typically 30, 60, or 90 days after signing. On the day, the PEXA workspace settles at a booked time. Most go through inside the booked window. The drama, when it happens, is usually a lender being slow to get their funds in, or a last-minute rates/water adjustment. We chase these the day before.

What happens if settlement is delayed?

In Victoria, the General Conditions of Sale of Land allow penalty interest (typically 12%) to be charged by the non-defaulting party for each day of delay. If the delay is on your side and serious, the vendor can serve a notice to complete or, in extreme cases, rescind. We work the entire matter to avoid this, but if the vendor is the one delaying, we make sure your interests (and any penalty interest you're owed) are protected.

Off-the-plan + the trickier ones

Where to be more careful.

Off-the-plan — should I be worried?

Worth more care than an existing-dwelling purchase, yes. The contract is longer (often 80+ pages), the disclosure document is denser, the developer can vary plans within limits, and sunset clauses can let either party walk away if registration takes too long. We've reviewed thousands; we know which clauses to push back on, what's standard, and what's a red flag. The duty concession on off-the-plan is generous in Victoria — we calculate that for you too.

A family member is "transferring" the property to me — is that the same as buying it?

Mechanically similar, but with important differences in dutiable value and disclosure. Transfers between relatives, transfers under a court order, transfers from a deceased estate, transfers to a self-managed super fund — each has its own paperwork, often different stamp duty treatment, and sometimes Land Tax implications. We do these regularly.

I want to subdivide the back of my block. Where do I start?

Subdivisions in Victoria run through council planning consent, surveying, application for new titles, and registration with Land Use Victoria. We don't do the surveying or council application work directly, but we coordinate the legal and conveyancing parts: lodging the Application for Subdivision once consent is granted, monitoring the registration with Land Use Vic, and preparing the new titles for any subsequent sale. Allow 12+ months for the full process; some matters take significantly longer.

A question we missed?

We genuinely like answering them. Send a question through the contact form or give Melissa a call — there's no clock running until you instruct us.

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