enquiries@emconvey.com.au
0494 037 526

Vendors Statement – Section 32 Questionnaire

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Vendors Statement (Section 32) Questionnaire

Important information

Please answer these questions carefully and accurately. We rely on your answers to prepare the Section 32 Vendors Statement and Contract of Sale for your property. If any answer is incorrect or incomplete, the purchaser may be entitled to end the contract at any time before settlement, and you may be exposed to a claim for damages. If you are unsure about an answer, contact us before submitting.

The Section 32 Statement must be accurate at the date the contract is signed, not just the date it is prepared. If anything changes after you submit this form, you must tell us immediately.

Under the Sale of Land Act 1962, a vendor must not knowingly conceal a material fact about the property. Failure to disclose a material fact can result in prosecution and penalties.

Completing this form as an attorney: enter the vendor's details as registered on the title, not your own. We require a certified copy of the power of attorney and you will complete the verification of identity in your own name.

Once submitted, we will email you a secure TriConvey link to complete your verification of identity. Questions? Call 0494 037 526 or email enquiries@emconvey.com.au.

Date*

How did you hear about us?*

Client details

Vendor 1

Name*

Prefix First Middle Last

Vendor 1 - Occupation*

Vendor 1 - Date of birth*

Email*

Vendor 1 - Current residential address*

Street Address Address Line 2 City State Postcode Country

Vendor 1 - forwarding address after settlement (if known)

Vendor 2 (if applicable)

Name

Prefix First Middle Last

Vendor 2 - Date of birth

Vendor 2 - Occupation

Vendor 2 - Email address

Address

Street Address Address Line 2 City State Postcode Country

Vendor 2 - forwarding address after settlement (if known)

Property details

Property type*

Vacant Land

Dwelling

Unit

Other

Please select*

Private Sale

Auction

Address of property being sold*

Street Address Address Line 2 City Postcode

Date of auction

If it is a unit, is there a separate title for the car park or accessory lot?*

Yes

Are you the registered proprietor?*

Yes

Do you have a Power of Attorney?

Yes

Name

Prefix First Middle Last

Date of birth

Phone

Address

Street Address Address Line 2 City State Postcode Country

Please upload certified copy Power of Attorney

Max. file size: 512 MB.

Damage and destruction

Is the property currently insured?*

Yes

Land use

Are you aware of any existing failure to comply with an easement, covenant or other restriction?*

Yes

Unsure

Are you aware of any easement, covenant or other restriction affecting the property?*

Yes

Unsure

Rates, taxes and outgoings

Council name:

Rates p.a. $

Copy attached (tick if Yes)

Yes

Water authority:

Rates p.a. $

Copy attached (tick if Yes)

Yes

Is there an owners corporation?*

Yes

Owner’s corporation:

Rates p.a. $

Copy attached (tick if Yes)

Yes

Land tax:

Rates p.a. $

Copy attached (tick if Yes)

Yes

Other:

Rates p.a. $

Copy attached (tick if Yes)

Yes

Notices, access and proposals

Is there road access to the property?*

Yes

Unsure

Is the property in a designated bushfire prone area?*

Yes

Unsure

Have you received any notices, claims or demands regarding the property?*

Yes

Unsure

If Yes, provide details of the type, amount owing & date due:*

Are you aware of any proposed plan to acquire any part of the property by any authority?*

Yes

Unsure

If Yes, provide details:*

Have you done any work to the property requiring a building permit?*

Yes

Unsure

If Yes, we require a copy of the Building Permit, Final Inspection and Warranty Insurance – please upload or email to us.

Owners corporation

Is the property Strata title?*

Yes

If Yes, please provide the contact details of the Owner’s Corporation.*

Note: If the plan comprises of more than two lots, and there is an active owners corporation, an owners corporation certificate MUST be provided to the purchaser. The owners corporation manager is entitled to charge a fee for this certificate at a cost of between $150.00 and $500.00, depending on the priority level/urgency. We will order this from the Manager, for inclusion in the Section 32 and the amount will be invoiced to you at the time of the Section 32.

If there are more than two units on the property and you do not have a formal Owners Corporation, you are still required to provide an Owners Corporation Certificate and Insurance in the Owners Corporation Name over the common land. All properties with Common Property must have a current Public Liability Insurance in place for not less than $10 million. If a property is sold without the required insurance in place prior to a sale, a purchaser can void the Contract any time up until Settlement.

Further information can be found by clicking on the following link:

Insurance – owners corporations - Consumer Affairs Victoria

Growth Areas Infrastructure Contribution (GAIC)

Is the property affected by GAIC?*

Yes

Unsure

Services connected to the property

Electricity supply*

Yes

Gas supply*

Yes

Water supply*

Yes

Sewerage*

Yes

Telephone services*

Yes

Other*

Yes

(please provide details)*

Are you aware of any current or future plan for subdivision of the property?*

Yes

Unsure

If Yes, include whether the subdivision is unregistered, staged or there is a further plan of subdivision:*

Relationship breakdown

IS THE SALE DUE TO A BREAKDOWN IN RELATIONSHIP?*

Yes

If yes, is there an agreement in place as to distribution of funds?*

If yes, are there lawyers/solicitors assisting? Please note the company name, contact number, and contact email address:*

If the property is held in a company name

Name of company:

ACN/ABN:

Director full name/s:

Address:

Are you registered for GST?

If the property is held by a trust

Name of trust:

Trust type:

Beneficiaries of the trust:

Trust ABN:

GST

Are you registered for GST?*

Yes

If yes, is GST to be included in the sale?*

Yes

Is there a registered Mortgage?

Please select*

Yes

Note*** If you have a business loan, you are required to contact your business banker directly to initiate a discharge of mortgage.

Who is the registered mortgage with?

If no, who holds the original title*

Please note if the title cannot be located, there are extra costs for us to lodge a lost title application

Section 27 (early release of deposit)

What is a Section 27? When you sign a contract to sell your property, the purchaser pays a deposit — usually 10% of the purchase price — which is held in a trust account until settlement. Normally, you don't see that money until settlement day. But under Section 27 of the Sale of Land Act 1962, there is a process that allows the deposit to be released to you early — before settlement — provided certain conditions are met.

Original loan amount

The total amount you originally borrowed — not what's left

Repayment frequency

How often you make repayments — weekly, fortnightly, or monthly

Repayment amount

The dollar amount of each repayment

Current balance outstanding on the mortgage

What you currently owe on the mortgage today

Current interest rate

Your current interest rate (e.g. 5.89% p.a.)

Redraw balance

Any extra money you've paid ahead that you can access back. Write N/A if you don't have one

Complete if there is a registered Caveat

Who lodged the caveat?

Why was the caveat lodged?

Have you engaged a Real estate agent

Real estate agent checkbox

Yes

Real estate:

Contact name:

Mobile:

Email:

Tenancy

Is the property tenanted? If yes, we require a copy of the tenancy agreement.

Please provide our office with details of the property manager or alternatively forward a copy of the current lease agreement.

Max. file size: 512 MB.

Do you have any agreements or licences affecting the property?*

Yes

e.g. Water Licence Agreement, unused road licence, water surface agreement, trunk service agreement, agricultural licence

If yes, please provide a copy of licence or agreement.*

Max. file size: 512 MB.

You should consider what is included in the sale. Fixtures are automatically included. A fixture is something so affixed to the property that removing it would cause damage to the item or the property, for example a built-in wardrobe, a dishwasher or established plants. Chattels are not automatically included. Chattels are items that can be easily removed without damage, for example a free-standing washing machine.

The contract includes all improvements and fixtures, together with any chattels listed in the contract. The purchaser is entitled to the property, improvements, fixtures and all listed chattels at settlement in the same condition as at inspection, fair wear and tear excepted.

If there is an item permanently fixed to the property that you wish to take with you, it must be specifically excluded in the contract. List any such items below and discuss them with your real estate agent.

Fixtures/Chattels

Are there any items at the property that the purchaser may consider a fixture that you will be removing at settlement? If so, please provide a detailed description of the items below and discuss this with your real estate agent.

Pool, safety and structures

Does the property include a swimming pool or spa?*

Yes

If yes, have you obtained the required compliance certificate and registered the swimming pool/ spa with the council?*

Yes

If yes, please provide our office with a copy of the registration and compliance certificate.*

Max. file size: 512 MB.

Please advise if you have smoke detectors fitted to your property?*

Yes

Are there any party/common walls affecting your property?*

Yes

As far as you are aware, are any drains, sewers, telephone lines etc., contained within normal locations?*

Yes

All building works performed at the property in the last 7 years (including repairs and maintenance)

What is considered owner builder works

You may be an owner builder if you carried out building works yourself, or if you arranged or managed tradespeople to do the works, unless a registered builder took responsibility for the whole job by being named as the builder on the building permit. If works were done without a building permit, whether or not one was required, you are still treated as an owner builder and must tell us about the works. Examples include:

Building a new dwelling or structural extensions
Constructing or modifying garages, carports, verandahs, decks or pergolas
Bathroom or kitchen renovations involving plumbing or waterproofing
Structural alterations, such as moving walls, enlarging windows or adding stairs
Installing swimming pools, spas and associated safety fencing
Roof replacements or major structural roof repairs
Retaining walls
Any other building work where no registered builder was named on the permit

What generally does not trigger owner builder obligations

Minor cosmetic works usually do not, such as:

Painting interior or exterior surfaces
Installing curtains, blinds or floating shelves
Replacing tapware or shower heads without changing the plumbing
Replacing benchtops or cabinet doors
Garden or soft landscaping
Laying carpet or laminate flooring
Minor plaster repairs or wall patching

If you are unsure whether something counts, list it anyway and we will assess it. The legislation is broad and even minor works can be caught.

Why this matters: if you are an owner builder selling within 6.5 years of completing the works, you may need a defects inspection report and warranty insurance before the property can be sold, and the contract must include statutory warranties. If these requirements are not met, the purchaser can withdraw from the contract at any time up to settlement.

Have you completed any works or renovations on the property or have you directed any tradespeople to complete works at the property in the last 6.5 years?*

Yes

If you managed trades yourself or did the works personally, and a registered builder did not take responsibility for the job on the building permit, the works are likely owner builder works and must be disclosed if performed within the last 7 years. This applies even if no building permit was obtained.

Note: if you are an owner builder and do not comply with the strict disclosure requirements, the purchaser can withdraw from the purchase at any time up to the date of settlement.

Detailed description of works:*

Date started:*

Date finished:*

Did these works involve structural changes?*

Yes

If yes, provide details:*

Was a Building Permit obtained?*

Yes

If yes please provide a copy*

Max. file size: 512 MB.

Do you have a Certificate of Final Inspection/Occupancy?*

Yes

If yes, attach a copy.*

Max. file size: 512 MB.

Who completed the works?*

If a registered builder, provide VBA Registration Number:

Was there a written contract for these works?*

Yes

ABN of builder/contractor*

Number of contractors involved*

Actual cost of works*

Value of works*

Important information

Owner builder warranty insurance: if the value of owner builder works exceeds the insurance threshold (currently $16,000), you must provide the purchaser with warranty insurance before the property can be sold. From 1 July 2026, owner builder warranty cover is provided under the First Resort Home Warranty Scheme administered by the Building and Plumbing Commission, which replaces domestic building insurance. The requirements and processing times under the new scheme differ from the old insurance, so contact us early if your works may need cover. Without the required insurance, the purchaser can withdraw from the contract at any time prior to settlement.

Defects inspection report: you are also legally required to provide a defects inspection report under section 137B of the Building Act 1993, detailing any defects in materials or workmanship and any incomplete works. This report is required regardless of the cost of the works if the works fall within the prescribed period: 6 years and 6 months from the date of the occupancy permit or certificate of final inspection, or 7 years from the date the building permit was issued if no certificate was obtained. The report must be prepared by an independent registered building practitioner.

The report is only valid for 6 months before the contract date. If you have not sold within that period, you must obtain a new report. The report, and insurance where required, must be included in the Section 32 Vendors Statement before contracts are signed.

If you do not comply with these requirements, or provide an out-of-date report, the purchaser can withdraw from the contract at any point up until settlement and may take legal action against you for damages.

We recommend the following to arrange a defects inspection report:

Joel Mangan, TBInspections
www.tbinspections.com.au
0466 545 585

Potential material facts

Are you aware if the property has previously been through any significant events such as flood, bushfire or have any history of pesticide use?*

Yes

Are you aware of any combustible cladding or asbestos in/on the property or dwelling?*

Yes

Are you aware if this property has previously been used as a drug lab?*

Yes

Are you aware of any incidents at the property including a death or major crime?*

Yes

Have you installed solar panels that are still currently under finance?*

Yes

Declaration and acknowledgement

By signing and submitting this form, I/we:

1. Engagement and costs. Engage EMConvey Pty Ltd to act on the sale of the property and acknowledge that costs and disbursements are incurred from the date EMConvey receives this form. I/we agree to pay EMConvey's account for all work done on the sale documents in accordance with the cost disclosure, which I/we have received, read and understood, and agree to secure payment by granting a charge over my/our right, title and interest in the property.

2. Authority to prepare documents. Authorise EMConvey to prepare the Section 32 Vendors Statement, Contract of Sale and any other documents required for the sale, based on and relying on the information supplied in this form, and consent to that information being disclosed where required to prepare those documents and complete the transaction.

3. Accuracy of information. Confirm the information provided is true, correct, complete and not misleading. I/we understand the Section 32 Statement must be accurate at the day of sale, not just the day it is prepared, and that the purchaser may be entitled to end the contract if it is untrue, incorrect, incomplete or misleading at that date. I/we will notify EMConvey immediately by telephone and email if anything in this form changes before settlement is completed.

4. Currency of documents. Understand the sale documents can become out of date over time, that purchasers will generally not rely on searches or certificates older than 3 months, and that the documents may need updating if the property has not sold within that period.

5. Reliance and indemnity. Acknowledge that EMConvey will rely on the truth, accuracy and completeness of the information I/we have provided, and I/we indemnify EMConvey against any matter arising from that reliance.

6. Verification of identity and AML/CTF. Consent to my/our identity being verified electronically via TriConvey and to EMConvey collecting, verifying and disclosing my/our information to third parties to the extent required to meet its obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

7. Signing as attorney. If signing under a power of attorney, I/we confirm the power of attorney is valid and has not been revoked or suspended, that it authorises me/us to give these instructions and sign on the vendor's behalf, and that a certified copy has been or will be provided to EMConvey.

Signature Vendor 1*

Signature Vendor 2

Sign in your own name. If you are signing as attorney, sign your own name and we will record your signing capacity on the file.

Questions?

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