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Conveyancing guide

Conveyancing for sellers in Melbourne — Section 32, costs, and a sale that doesn't fall over

By Elisa Rothschild BA/LLB — Principal, Fogarty Oliver Rothschild·Last reviewed 26 June 2026

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In this guide(7 sections)

For a seller, conveyancing is mostly about getting the paperwork right before you go to market — because a defective Section 32 is one of the few things that can cost you the sale or land you in a dispute. Here's what's involved, what it costs, and how to keep the sale on track.

At a glance — conveyancing for sellers in Victoria

What you getSection 32 prepared, contract drafted, settlement handled
What you payConveyancing fee ($660–$990) + the mortgage discharge fee + disbursements
Biggest riskA defective Section 32 — the buyer can rescind before settlement
Stamp dutyNot payable by the seller (the buyer pays it)
Who prepares itA senior solicitor at Fogarty Oliver Rothschild
Start whenBefore you list — the Section 32 must be ready before a buyer signs

What does a conveyancer do for a seller?

For a seller, a conveyancer (or solicitor) prepares your Section 32 vendor statement under the Sale of Land Act 1962, drafts the contract of sale with any special conditions you need, orders the title and certificate searches that back the statement, negotiates the buyer's conditions, coordinates the discharge of your mortgage, and attends the PEXA settlement so the title transfers and you're paid. The whole job is geared at one thing: a clean sale that completes without a dispute.

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Why does a clean Section 32 matter so much for sellers?

Because if your Section 32 is incomplete or inaccurate, the buyer may have the right to rescind the contract before settlement — losing you the sale, often after you've committed to your next purchase. The statement must correctly disclose title, encumbrances, planning, outgoings, owners corporation details and any notices. Getting it right before you list is the cheapest insurance you'll ever buy. (See our full Section 32 guide.)

A senior lawyer preparing it — rather than a template — is what catches the gaps that turn into rescission claims.


What does a seller pay for conveyancing?

As a seller you pay the conveyancing fee ($660–$990 fixed at our firm, covering the Section 32 and contract preparation through to settlement), the mortgage discharge fee your bank charges to release its loan (typically $150–$350), and the disbursements for the searches and certificates. You do not pay stamp duty — that's the buyer's cost. Both buying and selling sit in the same fixed-fee range with us.


How does settlement work for a seller?

On the settlement date set in the contract, your lawyer attends the electronic PEXA settlement: your mortgage is discharged, the title transfers to the buyer, and the balance of the sale proceeds is paid to you. Keep the property in the same condition for the buyer's final inspection, and cancel your building insurance and utilities only once settlement confirms.


Frequently asked questions

Do I need a conveyancer to sell my house in Victoria?

In practice, yes — a seller must provide a legally compliant Section 32 vendor statement and a contract of sale before a buyer can sign, and errors create real rescission risk. A conveyancer or solicitor prepares both.

When should I start the conveyancing as a seller?

Before you list. The Section 32 has to be ready before any buyer signs, and preparing it properly takes about 5–10 business days.

Do sellers pay stamp duty?

No. Stamp duty is paid by the buyer in Victoria. Sellers budget for the conveyancing fee, the mortgage discharge fee and disbursements.

Can I prepare my own Section 32?

Technically yes, but it's rarely wise — the document is legally significant and a mistake can cost you the sale. Professional preparation is small insurance against that risk.

What if I'm selling one place and buying another?

We can run both matters together and usually offer a small discount on the second — and coordinating the two settlements avoids timing gaps. See conveyancing for buyers.


Selling soon? Let's get your Section 32 right.

📞 Call 03 4328 5084 · 📧 info@fogartyoliverandrothschild.com.au · 📍 84 Chapel Street, St Kilda

🌐 Book a free chat →


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.

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Frequently asked

What other clients commonly ask

What's the difference between a lawyer and a conveyancer?

Both can handle straightforward conveyancing. A lawyer has broader legal training and can deal with complications (caveats, easement disputes, off-the-plan issues, foreign-buyer matters). For premium-property markets and contested transactions, the lawyer-led path usually adds value.

Read more

How long does conveyancing take?

Pre-contract review: 1-3 business days. Settlement is whatever you've agreed in the contract — usually 30, 60 or 90 days from signing. Auction contracts settle 60 days later by default but parties can negotiate variations.

Read more

What should I look for in a Section 32 (Vendor's Statement)?

Title encumbrances, easements, covenants, owners corporation matters (for units), unpaid rates and land tax, zoning, planning overlays, and outgoings. The Section 32 guide walks through every section — but get a lawyer to read it before you sign.

Read more

What disbursements should I expect on top of legal fees?

Title and planning searches, council and water rates certificates, owners corporation certificate (if applicable), PEXA settlement fees, registration of transfer, mortgage registration. Total disbursements typically $400-$1,000 plus statutory stamp duty.

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I'm a first home buyer — what concessions are available?

Victoria offers a stamp duty exemption for first home buyers up to certain thresholds, a concession for higher-value purchases, plus the First Home Owner Grant for new homes. The guide walks through the eligibility tests and the recent threshold changes.

Read more

Is buying vacant land different from buying a house?

The conveyancing is usually simpler and quicker — often no building and no owners corporation — but the risk shifts to buildability. Covenants, easements, planning overlays and whether services reach the boundary decide what you can actually build. Cash, no-lender purchases are common and even faster.

Read more

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