Conveyancing FAQs — Your Questions Answered

Everything you need to know about property conveyancing in Victoria — in plain English

We have answered the questions we hear most often below. If you cannot find what you are looking for, contact us directly and we will be happy to help.

Conveyancing is the legal process of transferring ownership of property from one person to another. In Victoria, it is a legal requirement that all property transfers be managed by either a licensed conveyancer or a solicitor. Beyond compliance, a qualified conveyancer protects your interests, identifies problems before they become costly, and ensures your settlement is legally sound.

A licensed conveyancer specialises exclusively in property law and conveyancing — it is all we do, which means we tend to be faster, more affordable, and more focused on property matters than a generalist solicitor. A solicitor is a lawyer who can practise across multiple areas of law. For the vast majority of property transactions, a licensed conveyancer is the right choice. If your transaction involves significant legal disputes, complex litigation, or matters beyond the scope of the property transfer itself, a solicitor may be more appropriate.

The typical conveyancing timeline in Victoria runs from contract signing to settlement. Most residential settlements are scheduled for 30 to 90 days after contracts are signed, though shorter timeframes are common. The conveyancing process itself — searches, documentation, and settlement — is managed within whatever timeframe has been agreed in the contract. We ensure all our tasks are completed well ahead of the settlement date so nothing causes last-minute delays.

PEXA (Property Exchange Australia) is the national electronic conveyancing platform used for property settlements in Victoria and other states. It replaces the traditional paper-based settlement process, making settlements faster, safer, and more accurate. Both conveyancers exchange documents and transfer funds electronically through PEXA in real time. You do not need to do anything differently — we handle the PEXA process entirely on your behalf.

Standard searches for a Victorian residential property purchase include: title & plan search, land tax certificate, council rates certificate, water and sewerage certificate, and a planning certificate (Section 60). Depending on the property, we may also order an owners corporation (body corporate) certificate, a building permit search, and an outstanding statutory notices search.

On settlement day, the balance of the purchase price is transferred electronically from the buyer’s bank to the vendor’s account via PEXA, the Transfer of Land document is registered with the Land Registry, and the property officially changes hands. You do not need to attend — it is all handled electronically. We monitor the PEXA workspace in real time and notify you the moment settlement is confirmed. For buyers, this is the moment you can collect the keys.

While a building and pest inspection is not a legal requirement, it is strongly recommended for any established property purchase. A qualified building inspector can identify structural defects, water damage, pest infestations, and other issues that are not visible to the untrained eye. We recommend organising this inspection during your cooling-off period or prior to auction. We do not conduct building inspections ourselves, but we can advise on incorporating a building and pest condition into your contract.

Getting started is simple. Contact us by phone on 0488 468 868, email us at info@vicconveyancing.com.au, or complete our online quote request form. We will respond promptly, answer any initial questions, and provide you with a clear, fixed-fee quote for your transaction. Once you are ready to proceed, we get your file underway immediately — no delays.

A Section 32 Vendor’s Statement (named after Section 32 of the Sale of Land Act 1962) is a legal document that vendors must provide to all prospective buyers before a contract of sale can be signed. It discloses material information about the property including title details, encumbrances, rates and outgoings, planning information, and any relevant notices or orders. Buyers have the right to rescind the contract if the Section 32 is defective or materially incomplete. It is one of the most important documents in any Victorian property transaction.

In Victoria, buyers of residential property have a 3-business-day cooling-off period after signing a Contract of Sale. During this period, you can withdraw from the contract without needing to give a reason, though you may forfeit 0.2% of the purchase price. The cooling-off period does not apply to properties purchased at auction, or if the buyer waives the right in writing. We advise all our buyer clients on cooling-off rights before they sign.

Absolutely — and it is critical to engage a conveyancer before auction day, not after. When you buy at auction in Victoria, there is no cooling-off period and contracts are signed immediately. You should have your contract reviewed and all searches ordered before you bid. If you win the auction without prior legal advice, you are immediately bound by the contract terms, regardless of any issues you discover afterwards. Call us before your auction.

If the Section 32 Vendor’s Statement contains a materially false or misleading statement, or omits information it was legally required to include, the buyer may have the right to rescind the contract. This is a complex area, and if you believe a vendor has not disclosed something important, contact us immediately. Acting quickly is essential to protect your rights.

Stamp duty (formally called land transfer duty) is a Victorian Government tax payable by the buyer on the purchase price or market value of the property, whichever is higher. The rate varies depending on the purchase price, your residency status, and whether you are a first-home buyer. In Victoria, first-home buyers may be eligible for a stamp duty concession or exemption on properties valued up to certain thresholds. The State Revenue Office of Victoria provides an online duty calculator at sro.vic.gov.au.

The First Home Owner Grant (FHOG) is a Victorian Government grant of $10,000 available to eligible first-home buyers who purchase or build a new home valued up to $750,000 in regional Victoria. We advise all first-home buyer clients on what grants and concessions apply to them.

An owners corporation (previously called a body corporate) is the legal entity that manages common property in a multi-lot development — such as an apartment building, townhouse complex, or commercial strata. If you are buying into a property with an owners corporation, you become a member and are obliged to pay levies that fund the maintenance and management of shared areas. Before you settle, we obtain the owners corporation certificate which discloses levies, any special levies, financial health, and any known issues. This is critical information before committing to a purchase.