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VIC seller-side residential conveyancing checklist

Victorian seller-side conveyancing requires a compliant Section 32 vendor statement before sale. This checklist is for Victorian solicitors acting for residential vendors under the Sale of Land Act 1962.

In short

This is a 12-step Victorian seller-side conveyancing checklist. It covers Section 32 preparation, contract drafting, disclosure, PEXA, and settlement for residential vendors in Victoria.

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12-step checklist

The checklist

1

Prepare the Section 32 vendor statement

Draft the Section 32 with title, planning, outgoings, notices, owners corporation, and building permits.

Sale of Land Act 1962 (VIC) s 32
2

Attach title and plan

Attach a current title search, plan of subdivision, and any registered dealings.

Transfer of Land Act 1958 (VIC)
3

Order a planning certificate

Attach the planning certificate covering zones, overlays, and growth area contribution liability.

Planning and Environment Act 1987 (VIC)
4

Obtain owners corporation certificate

For strata properties, obtain and attach the owners corporation certificate and rules.

Owners Corporations Act 2006 (VIC) s 151
5

Advise on capital gains tax

Advise vendor on CGT, main residence exemption, and foreign resident CGT withholding obligations.

Income Tax Assessment Act 1997 (Cth) s 118-110
6

Obtain ATO clearance certificate

Apply for a foreign resident capital gains withholding clearance certificate for sales $750k+.

Taxation Administration Act 1953 (Cth) sch 1 s 14-215
7

Draft the Contract of Sale

Draft the contract using the LIV/REIV form and incorporate any negotiated special conditions.

Sale of Land Act 1962 (VIC)
8

Obtain discharge authority

Instruct the outgoing mortgagee to prepare the discharge and provide payout figures.

9

Respond to buyer requisitions

Answer buyer requisitions on title and contract within the due time.

10

Calculate adjustments

Calculate rates, water, owners corporation, and land tax adjustments at settlement date.

11

Attend PEXA settlement

Prepare the PEXA workspace, sign digitally, and coordinate disbursements to the mortgagee and vendor.

Electronic Conveyancing National Law (VIC)
12

Release deposit and finalise

Authorise deposit release to the vendor through the agent and finalise the matter.

When to use

When this checklist applies

Use for every Victorian residential seller matter from Section 32 preparation to post-settlement.

Common pitfalls

  • Missing a Section 32 disclosure item and giving the buyer rescission rights
  • Not obtaining the ATO clearance certificate on sales $750k+
  • Overlooking GAIC disclosure in growth area properties
  • Failing to attach owners corporation certificate
  • Miscalculating land tax apportionment
Use with Quillio

Run this checklist on a real matter

Quillio can draft a compliant Section 32 vendor statement and run this checklist on a Victorian vendor matter. See /practice-areas/property-lawyers or start a free trial.

General guidance for Victorian residential vendor matters. Adapt for off-the-plan, commercial, or rural sales.

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