Melbourne Conveyancing and Property Lawyers

Victoria gives a buyer less time than NSW does. The cooling-off period is three business days, it does not apply at auction, and the main disclosure document, the Section 32 statement, is handed to you before you sign.

Optimum Lawyers is a Parramatta property law firm that acts on Victorian purchases, sales and transfers for clients who live in other states.

How buying in Melbourne differs from buying in NSW

The auction rules changed on 1 October 2026

For auctions and fixed-date sales, the agent must now disclose the seller’s reserve price at least 7 days beforehand, and the old statement of information has been replaced by a property price statement. From 1 June 2027 the Section 32 statement must also be available at least 14 days before an auction.

For someone bidding from another state, the reserve is known a week out and the documents will soon be available a fortnight out. There is still no cooling-off after the hammer falls, so the contract and the Section 32 need to be read before auction day.

Checks that are specific to Melbourne

• Apartments. The owners corporation certificate shows the fees, any special levies, and whether defect or cladding works are being funded.
• Growth corridors. In Cardinia, Casey, Hume, Melton, Mitchell, Whittlesea and Wyndham, larger parcels of land can carry a Growth Areas Infrastructure Contribution. Check whether a liability attaches to the land you are buying.
• Inner suburbs. Heritage overlays are common in suburbs such as Carlton, Fitzroy and South Melbourne and limit what you can alter or demolish.
• Foreign purchasers. Additional duty of 8% applies to residential property bought by a foreign purchaser.

Selling Victorian property from another state

• The Section 32 has to be right. An incomplete or inaccurate statement gives the buyer a way out of the contract.
• Land tax stays with the seller. Since 1 January 2024 a Victorian contract under the price threshold (set at $10 million in 2024 and indexed since) cannot pass the seller’s land tax on to the buyer.
• ATO clearance certificate. Every seller of Australian property needs one, whatever the price. Without it the buyer must withhold 15% of the sale price at settlement.
• Tenancies. The lease, bond and rent are dealt with in the contract and at settlement.

Transfers without a sale

We act on transfers of Victorian property between partners, after a separation, from a deceased estate, and into or out of a trust or self-managed super fund. Victorian duty can apply even where no money changes hands, so get advice before the transfer is lodged. See stamp duty in Victoria.

Lawyer or conveyancer?

A conveyancer can handle a simple purchase well. A property lawyer can also advise on what the Section 32 means for you, negotiate special conditions, and act for you if the statement proves wrong or settlement is disputed. With three business days to cool off and none at auction, the advice has to come before you sign.

What clients say about our Victorian work

“he assisted us with the sale of our Melbourne property and the outcome was great.”

Jaemin Kim, Google review

Questions about conveyancing in Melbourne

How long is the cooling-off period in Victoria?

Three clear business days from the day the buyer signs. If you withdraw you forfeit the greater of $100 or 0.2% of the price. It does not apply at auction.

What is a Section 32 statement?

The vendor statement a Victorian seller must give a buyer before the buyer signs. It sets out the title, planning, rates, outgoings and other matters affecting the land.

Can I bid at a Melbourne auction from interstate?

Yes, by arrangement with the agent. An auction purchase is unconditional and has no cooling-off period, so have the contract and Section 32 reviewed beforehand.

I am selling. Can I adjust land tax with the buyer?

Not on a contract under the threshold. The land tax for the year remains the seller’s cost.

Can a NSW law firm act on a Victorian property?

Yes. NSW and Victoria are both part of the Legal Profession Uniform Law, and Victorian settlements are completed electronically.

Related: Property lawyers Melbourne | VIC interstate conveyancing | Interstate conveyancing | Geelong | Foreign resident capital gains withholding | Contract review | Property lawyers Australia