Section 32 of the Sale of Land Act 1962 (Vic) requires the vendor to give the purchaser a signed vendor statement before the purchaser signs the contract. It discloses matters such as title, mortgages, easements and covenants, outgoings, planning information, owners corporation details and building permits. Check these against how you intend to use the property. Section 32K gives a purchaser rescission rights for certain disclosure failures, subject to conditions and exceptions, so an error does not automatically end every contract. The statement is not a building inspection, a loan approval or a promise that the property suits your plans.
Sellers and estate agents must also make Consumer Affairs Victoria's due diligence checklist available to buyers of residential property. It prompts questions about flood and bushfire risk, owners corporation rules, planning controls, contamination, boundaries, pool barriers and service connections.
Section 31 generally gives an eligible purchaser three clear business days after signing to end the contract by a compliant written notice. A valid cooling-off notice costs the purchaser the greater of $100 and 0.2 per cent of the purchase price. There is no cooling-off right for a purchase at a public auction, or within three clear business days before or after a publicly advertised auction. Corporate purchasers and certain property types are also excluded. If you plan to bid at auction, have the contract reviewed and your finance confirmed beforehand.
Under the federal foreign investment rules, foreign persons, including temporary residents and foreign-owned companies, are banned from buying established dwellings unless an exception applies. The ban began on 1 April 2025, and the Australian Taxation Office states that it now runs until 30 June 2029. Permanent residents and New Zealand citizens remain exempt. New dwellings are treated differently, but foreign investment approval is still required before buying one.
Victoria imposes its own costs on top. Foreign purchaser additional duty (FPAD), currently 8 per cent of the dutiable value, applies to residential property acquired by a foreign natural person, foreign company or foreign trust, in addition to ordinary transfer duty. Absentee owners may also pay an annual land tax surcharge, currently 4 per cent. Whether these apply depends on residency, visa status and the purchasing structure. Check the State Revenue Office's current rates and exemptions before contracting.
Get advice before signing if your status is uncertain, for example if you hold a temporary visa while waiting for permanent residency, or you plan to buy jointly with a spouse or relative who lives overseas. Once the contract is signed, it may already be binding.
Confirm the finance conditions, deposit arrangements, settlement date and the purchaser's correct legal name before signing. Buyers relying on funds from China should allow realistic time for personal foreign exchange rules, bank source-of-funds checks and transfers, and should keep a clear record of where the money came from. Arrange independent building and pest inspections where appropriate. If settlement may be delayed, tell your lawyer straight away rather than waiting for a default notice.
PanAus Partners' Chinese-speaking property lawyers review Melbourne contracts of sale and Section 32 statements, and advise on the foreign buyer rules. We also work with conveyancers, mortgage brokers, migration agents and other law firms whose clients need advice in Chinese or on foreign investment and duty questions.
Our Melbourne office is at Level 2, 830 Whitehorse Road, Box Hill VIC 3128. Send us the contract and Section 32 statement before you sign or bid, and tell us your visa status and how the purchase will be funded.
在墨尔本买房，签约或参加拍卖前应先请律师审阅合同和 Section 32 卖方声明。私下成交通常有三个工作日冷静期，但拍卖成交及拍卖前后三个工作日内签约不适用。持临时签证或身在海外的买家要特别注意：联邦禁止外国人购买二手住宅的禁令已延长至 2029 年 6 月 30 日；维州还对外国买家征收 8% 附加印花税，并对缺席业主征收 4% 土地税附加费。泛澳律业墨尔本办公室位于 Box Hill，提供中英文房产法律服务，也与贷款经纪、移民代理和其他律所合作。
Author: Jin Qian
Last updated: October 2026
Jurisdiction: Victoria, Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.