Section 32 review checklist for conveyancing and law firms

A Section 32 review checks that the vendor's statement is complete, matches the contract and the searches, and discloses everything the purchaser needs to know before signing. For a firm, the risk sits in the gaps: a missing certificate, a special condition that quietly changes a general condition, or an owners corporation fee that doesn't match the contract. This checklist sets out what a thorough review covers.

What is a Section 32?

A Section 32 is the vendor's statement required by section 32 of the Sale of Land Act 1962 (Vic). The vendor must give it to the purchaser before the purchaser signs the contract. If it is missing, incomplete or wrong, the purchaser may have a right to rescind under section 32K, so purchasers rely on their firm to find problems before they sign.

The Section 32 review checklist

1. Title. Register search statement attached, vendor matches the registered proprietor, and every encumbrance, caveat and dealing is identified and explained.
2. Easements, covenants and restrictions. Each one disclosed, with the plan reviewed for where easements sit relative to lots.
3. Financial matters. Rates, taxes and charges disclosed, and any charge that will not be discharged by settlement identified.
4. Planning. Planning scheme, zone and overlays disclosed and consistent with the planning property report and s199 planning certificate.
5. Owners corporation. OC certificate attached and fees and special levies match the contract, and any proposed works or disputes noted. AGM minutes studied.
6. Building permits and owner-builder work. Permits disclosed, and owner-builder insurance details provided where owner-builder work applies.
7. Notices and services. Any notices, orders or proposals affecting the land disclosed, and services that are not connected identified.
8. Certificates. Water, land information, roads and SRO certificates present and within their validity period.
9. Contract cross-checks. Price, deposit, settlement date and GST treatment are consistent between the contract particulars, special conditions and the vendor's statement.
10. Special conditions. Every special condition read against the general conditions, with any condition that amends, overrides or deletes a general condition flagged for the client.
11. Tenancies and pools. Tenancy agreements attached where the sale is subject to a lease, and pool registration and compliance documents where a pool exists.

Where Section 32 reviews go wrong

Most problems are not in a single document. They sit between documents: a contract that says one thing and a certificate that says another. A careful review reads the file as a whole and cross-checks values across it before any advice is drafted.

How firms speed up the review without cutting corners

Section 32 review software reads every page of the file, extracts the details into a structured review, and cross-checks values between documents. Curia does this for Victorian firms, with a citation to the page and clause on every entry, and produces the customer report and amendment list. The firm makes every legal call. Victorian Statewide Conveyancing cut its average review from 60 minutes to 15.

See how Curia handles a Victorian contract and Section 32