In this guide(7 sections)
Buying or selling a place in Victoria has a lot of moving parts, and the costly mistakes nearly always come from missing a step at the wrong time. This is the plain-English checklist we run our own clients through — what to tick off before you sign, before settlement, and on the day — so nothing slips through.
At a glance — the Victorian conveyancing checklist
| Before you sign | Get the contract + Section 32 reviewed, check finance, confirm cooling-off |
| Buyer's biggest risk | Signing before a lawyer reads the Section 32 (covenants, overlays, OC issues) |
| Cooling-off (private sale) | 3 clear business days; no cooling-off at auction |
| Before settlement | Final inspection, finance unconditional, funds ready, searches updated |
| On settlement day | Funds transfer + title transfer via PEXA; keys released |
| Typical timeline | Around 30–90 days from contract to settlement (set in the contract) |
| Who can help | A conveyancer or solicitor — at Fogarty Oliver Rothschild, a senior lawyer |
What is a conveyancing checklist?
A conveyancing checklist is a step-by-step list of the legal and practical tasks involved in buying or selling property in Victoria, ordered by when they need to happen — before you sign, between contract and settlement, and on settlement day. Working through it in order is what stops the expensive surprises: signing before the Section 32 is checked, missing a finance deadline, or arriving at settlement with funds that aren't ready.
Get your contract or Section 32 reviewed free before you sign → | Call 03 4328 5084
Buyer's conveyancing checklist (Victoria)
Before you sign the contract:
- Get the contract of sale and Section 32 reviewed by a lawyer — covenants, easements, planning overlays and owners corporation issues hide here
- Check the zoning and overlays allow what you plan to do (renovate, rebuild, run a business)
- Confirm your finance pre-approval covers the price, and talk to your broker/lender
- Budget the full cost: deposit, stamp duty, conveyancing fee, disbursements
- Check your first-home-buyer stamp duty exemption if it's your first place
- Arrange a building and pest inspection (and, for apartments, review owners corporation minutes)
- Understand your cooling-off rights — 3 clear business days for a private sale, none at auction
After you sign, before settlement:
- Pay the deposit as the contract requires
- Get your finance unconditional by the contract date — this is a common deal-killer
- Your lawyer orders and reviews searches and certificates (title, rates, water, owners corp)
- Complete a final inspection in the week before settlement — the property should be in the same condition
- Confirm settlement figures and adjustments (rates, water, owners corp fees split to the day)
- Make sure your funds and loan are ready for the settlement booking on PEXA
On settlement day:
- Your lawyer attends the electronic settlement via PEXA — funds and title transfer at the same time
- The agent releases the keys once settlement confirms
- Keep your settlement statement for your records and capital-gains-tax cost base
Seller's conveyancing checklist (Victoria)
Before you list / before you sign:
- Have your Section 32 vendor statement prepared under the Sale of Land Act 1962 — a defective one can cost you the sale
- Have the contract of sale drafted with any special conditions you need
- Gather title details, the plan of subdivision and any owners corporation certificate
After you sign, before settlement:
- Arrange to discharge your existing mortgage with your bank (allow time — banks are slow)
- Confirm settlement figures and adjustments
- Keep the property in the same condition for the buyer's final inspection
- Organise to hand over keys and any garage remotes, alarm codes and manuals
On settlement day:
- Your lawyer attends PEXA settlement; the loan is discharged and the balance is paid to you
- Cancel building insurance, utilities and services once settlement confirms
What are the most common conveyancing mistakes in Victoria?
The most common (and most expensive) conveyancing mistakes are signing a contract before a lawyer has read the Section 32, missing the finance-approval deadline, and bidding at auction without a pre-contract review — because auctions have no cooling-off period. Each one is avoidable with the checklist above and a review before you commit.
Other frequent slip-ups: underestimating stamp duty, not reading owners corporation minutes for apartments, forgetting to budget disbursements, and leaving the mortgage discharge too late as a seller.
Frequently asked questions
Do I need a conveyancer or solicitor as a checklist isn't enough?
A checklist keeps you organised, but it doesn't read your Section 32 or spot a covenant that blocks your renovation. In Victoria a conveyancer or solicitor does the legal work; a solicitor can also handle FIRB, trusts, deceased estates and family-law-related transfers. At Fogarty Oliver Rothschild a senior lawyer runs your whole file.
What's the single most important step?
Getting the contract of sale and Section 32 reviewed before you sign or bid. It's the only moment you can still negotiate or walk away at no cost. We do that first review free.
Is there a cooling-off period in Victoria?
For a private sale, you have 3 clear business days from signing to cool off (a penalty applies). For an auction, there is no cooling-off period — which is why pre-auction review matters.
How long does the whole process take?
Usually around 30–90 days from contract to settlement, set by the settlement period in your contract. See our guide on how long conveyancing takes in Victoria.
When do I pay stamp duty?
Stamp duty is generally paid at or before settlement, to the State Revenue Office. Estimate yours with our conveyancing fee and stamp duty calculator.
Who pays for what between buyer and seller?
Each party pays their own conveyancer. The buyer pays stamp duty and search disbursements; the seller pays for the Section 32 and the mortgage discharge. The PEXA settlement fee is usually split.
Ready to tick off the most important step?
Send us your contract or Section 32 — the first review is free.
📧 info@fogartyoliverandrothschild.com.au
📍 84 Chapel Street, St Kilda VIC 3182
🌐 Request your free contract review →
Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Conveyancing and property law in Melbourne since 2012.Last reviewed 26 June 2026.
This guide is general information about Victorian conveyancing, not legal advice for your specific situation. For advice on your matter, book a free 15-minute consultation.