Property transactions, 
done right.

A vendor statement under the Sale of Land Act 1962 (Vic) s 32 must be provided before the purchaser signs the contract. It discloses prescribed information about matters such as title, encumbrances, planning, services and outgoings. A false, incomplete or defective statement may create a right to rescind before settlement, subject to the statutory test and circumstances.

Many Victorian contracts settle 30 to 60 days after signing, while off-the-plan transactions can take considerably longer. The actual period is whatever the contract provides, subject to any agreed variation. We track the contractual dates and report on the key pre-settlement steps.

For a private sale of residential land, the Sale of Land Act 1962 (Vic) s 31 gives the purchaser three clear business days after signing to cool off, at a cost of the greater of $100 or 0.2% of the purchase price. Important exceptions apply, including purchases at a publicly advertised auction or within three clear business days before or after it, and certain commercial or industrial property transactions. The safer course is to have the contract reviewed before signing.

Under the Sale of Land Act 1962 (Vic) s 27, a deposit can be released early where the statutory conditions are met and the vendor provides the required particulars of mortgages and caveats. The purchaser has a statutory period to object. We advise vendors and purchasers on the information, objections and timing under the law applying to the request.

For contracts signed from 1 January 2025, the foreign resident capital gains withholding rate is 15% and the property-value threshold has been removed. An Australian-resident vendor selling taxable Australian real property generally needs an ATO clearance certificate before settlement to avoid withholding. Applications should be made early because processing can take time.

Victoria's temporary concession can allow eligible purchasers of off-the-plan apartments, units and townhouses to deduct post-contract construction costs from the dutiable value. It is available for qualifying contracts signed before 21 April 2027, with no value cap or owner-occupier requirement under the temporary measure. Eligibility still depends on the property and contract.

PEXA (Property Exchange Australia) is the electronic platform used for property settlements in Victoria. It replaces the physical exchange of paper documents and cheques, and results in faster, more secure settlements. Most residential and commercial settlements in Victoria now occur through PEXA.

We conduct title searches, planning certificates, rates and land tax searches, water searches, and building permit histories as standard. For commercial properties, additional searches, including PPSR, company, and environmental, are often warranted depending on the property and transaction.

Yes. Auction purchases usually do not carry a cooling-off right, so the contract, vendor statement, special conditions, title, planning and settlement requirements should be reviewed before you bid. We identify issues early so you know the legal risk before becoming bound.

The contract usually sets out default notices, penalty interest and the steps available if either party is not ready to settle. The response depends on who caused the delay, whether time is essential and whether settlement can still be completed. We manage the notices and negotiate extensions where that protects the transaction.