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The Complete Westgate Conveyancing Checklist — Everything You Must Do Before Signing in Victoria

24 July 2026 Westgate Conveyancing Team 13 min read
The Complete Westgate Conveyancing Checklist for Victoria | Westgate Conveyancing

The Complete Westgate Conveyancing Checklist — Everything You Must Do Before Signing in Victoria

A complete guide by Westgate Conveyancing — Victoria’s trusted experts in property settlements, contract reviews and conveyancing services from Melbourne to regional Victoria.

Don’t Sign Anything Without Reading This First

Signing a property contract in Victoria is one of the most significant financial commitments you will ever make. Whether you are purchasing your first home in Tarneit, investing in a rental property in Bendigo, buying off-the-plan in Wollert or selling a family home in Point Cook — the contract you sign will legally bind you to terms and conditions that can have lasting financial and legal consequences.

Yet thousands of Victorian buyers sign contracts each year without fully understanding what they are agreeing to. Hidden easements, unregistered covenants, outstanding building permits, defective Section 32 statements and undisclosed planning overlays can all create serious problems after settlement — problems that could have been identified and addressed before signing.

At Westgate Conveyancing, our specialist team works through a comprehensive 14-point checklist before any Victorian client signs a property contract. This guide walks you through every critical area — so you know exactly what your conveyancer should be doing to protect your interests, your investment and your future.

Westgate Tip: Always engage your conveyancer before signing — not after. The cooling off period in Victoria is only 3 business days, and many risks can only be properly addressed before you commit.

The 14 Critical Areas — At a Glance

  1. Contract of Sale Review
  2. Special Conditions
  3. Section 32 Vendor Statement
  4. Title Search & Ownership Verification
  5. Covenants & Restrictions
  6. Easements — Registered & Unregistered
  7. Planning & Zoning
  8. Boundaries & Fencing
  9. Owners Corporation
  10. Statutory Searches & Authority Enquiries
  11. Building Permits & Compliance
  12. Financial & Stamp Duty Considerations
  13. Mortgagee & Finance Checks
  14. Identity Verification & Compliance

01 — Contract of Sale Review

The Contract of Sale is the legally binding document that governs your entire property transaction. It sets out the purchase price, settlement date, deposit terms, goods and chattels included in the sale and every condition that both buyer and vendor must meet. A thorough contract review is the foundation of every safe property purchase.

What Westgate Conveyancing reviews in every Contract of Sale:

  • Purchase price, deposit amount and payment method confirmation
  • Settlement date and any rights to vary the settlement period
  • Cooling off period rights and any waiver clauses presented by the vendor
  • Goods and chattels included — ensuring fixtures, fittings and appliances are correctly listed
  • GST implications — particularly for new residential premises or commercial property
  • Any lease or tenancy arrangements affecting the property at settlement
  • Sunset clauses that may allow the vendor to terminate the contract
  • Deposit holding arrangements — whether funds are held in trust by a stakeholder or released to the agent
  • Any instalment contract conditions that may affect your financing arrangements
  • Unusual or non-standard clauses inserted to favour the vendor
  • Penalty interest provisions if settlement is delayed
  • Vendor’s right to rescind and buyer’s rights in response
  • Accuracy of buyer and seller details throughout the document
  • Property description consistency across the contract and title documents
  • Amendment pages and any changes made to the standard form

Westgate Tip: Even small errors in contract details — a wrong name, a missing chattel, an ambiguous clause — can cause major complications at settlement. Westgate reviews every line.

02 — Special Conditions

Special conditions are additional clauses inserted into the Contract of Sale — most commonly by the vendor’s solicitor — that can significantly alter the standard rights and obligations of both parties. Some special conditions are reasonable and common. Others are one-sided, unrealistic or potentially damaging to the buyer’s interests.

Identifying, understanding and negotiating special conditions before signing is one of the most important things your conveyancer can do for you.

Common special conditions Westgate reviews and negotiates:

  • Finance approval conditions — ensuring the timeframe is realistic for your lender
  • Building and pest inspection conditions — checking scope, timeframe and buyer’s rights if issues are found
  • Due diligence conditions — reviewing what is permitted and the timeframe allowed
  • Subject to sale conditions — assessing risk if your existing property has not yet sold
  • Early possession arrangements — understanding the risks of occupying before settlement
  • Deposit release conditions — identifying any clauses allowing early release to the vendor
  • As-is sale conditions — flagging waiver of standard buyer protections
  • Non-standard settlement timeframes that may not align with your financing
  • Conditions removing or limiting the cooling off period
  • Vendor’s right to extend settlement unilaterally

Westgate Tip: Never accept a special condition without legal review. Westgate negotiates unfair conditions on your behalf before you sign — not after, when it is too late.

03 — Section 32 Vendor Statement

The Section 32 Vendor Statement is a legal document the vendor is required to provide to every buyer before signing in Victoria. It discloses key information about the property — from title details and outgoings through to planning restrictions, building permits and notices from authorities. If a Section 32 is defective or materially incomplete, the buyer may have the right to rescind the contract.

What Westgate checks in every Section 32:

  • Completeness and accuracy of all statutory disclosures
  • Council rates, water rates and any special levies disclosed
  • Owners corporation fees, rules and financial statements if applicable
  • Building permits issued in the last seven years and their finalisation status
  • Any notices, orders or directions from councils or authorities affecting the property
  • Planning information — current zoning, overlays and any permit conditions
  • Compulsory acquisition notices or proposals affecting the property or nearby land
  • Insurance details for properties subject to owners corporation
  • Mortgages and encumbrances disclosed and to be discharged at settlement
  • Expiry date of the Section 32 — statements older than certain periods may be invalid
  • Cross-referencing all disclosures against independent title and search results
  • Identification of any material omissions that could support a right to rescind

Westgate Tip: A defective Section 32 can be your exit. Westgate identifies omissions and defects that give you legal options — before you are committed to the purchase.

04 — Title Search & Ownership Verification

Before you purchase any Victorian property, your conveyancer must conduct a full title search through Land Use Victoria to confirm the vendor’s legal right to sell, verify the property details and identify any registered interests, encumbrances or dealings that could affect your ownership.

What Westgate verifies in every title search:

  • Registered proprietor matches the vendor named in the contract
  • Title type — Torrens title, general law or stratum
  • Lot and plan details, volume and folio references match the contract
  • Any caveats lodged on title by third parties
  • Any writs, court orders or enforcement notices registered against the title
  • All mortgages and charges to be discharged by the vendor at settlement
  • Any prior encumbrances or dealings that could affect clear title transfer
  • Co-ownership arrangements — tenants in common or joint tenants
  • Any adverse possession claims or applications affecting the title
  • Chain of ownership review for any historical anomalies

Westgate Tip: A clear title is non-negotiable. Westgate ensures you receive unencumbered ownership at settlement — with every registered interest either discharged or accounted for.

05 — Covenants & Restrictions

Restrictive covenants are legal obligations registered on a property’s title that restrict how the land can be used, what can be built on it and even what materials must be used in construction. Unlike planning rules which can change over time, covenants can run with the land indefinitely — binding every future owner.

Understanding covenants before signing is essential — particularly for buyers who plan to renovate, subdivide, develop or use the property in a specific way.

What Westgate reviews regarding covenants and restrictions:

  • All restrictive covenants registered on or affecting the title
  • Building envelope restrictions — minimum setbacks, maximum building heights
  • Material and design covenants — brick, colorbond or other material requirements
  • Land use restrictions — residential only, no commercial or home business activity
  • Subdivision restrictions prohibiting further division of the lot
  • Architectural covenants requiring estate developer approval for building designs
  • Positive covenants requiring ongoing maintenance of specific structures
  • Heritage overlay covenants restricting alterations to significant structures
  • Conservation covenants protecting native vegetation or environmental values
  • Whether covenants are still enforceable and who benefits from them
  • Whether any covenants conflict with the buyer’s intended use of the property

Westgate Tip: Many buyers discover covenants after signing that prevent their planned renovation or development. Westgate identifies every restriction before you commit.

06 — Easements — Registered & Unregistered

An easement is a right that allows another party — whether a utility company, a neighbour or a public authority — to use part of your land for a specific purpose. Easements can restrict where you build, what structures you can erect and how you use parts of your property. They can be registered on title or, in some cases, exist without registration.

What Westgate investigates regarding easements:

  • All registered easements identified and reviewed from title search
  • Drainage easements — location, width and building restrictions over them
  • Sewerage easements — connection points and prohibited structures above
  • Right of way easements — who has access and on what terms
  • Power line and electrical easements — building exclusion zones
  • Pipeline and gas easements — safety and building restrictions
  • Party wall easements — shared wall rights and maintenance obligations
  • Enquiries to identify any unregistered easements through use or prescription
  • Proposed easements shown in planning overlays or infrastructure plans
  • Whether easements benefit or burden the property being purchased
  • Maintenance and cost obligations tied to each easement
  • Impact of easements on the buyer’s building plans or intended use

Westgate Tip: An easement running across the back of a block can prevent a planned extension or granny flat. Westgate maps every easement before you sign.

07 — Planning & Zoning

Victoria’s planning system governs what can and cannot be done with land. Every property in Victoria sits within a zone and may be subject to one or more overlays — each with their own rules about permitted uses, building requirements and approval processes. Understanding the planning context of a property before signing can save buyers from costly surprises after settlement.

What Westgate reviews in planning and zoning checks:

  • Current zone — residential, commercial, industrial, rural or mixed use
  • Permitted and prohibited uses under the applicable zone
  • Neighbourhood Residential Zone — density and development restrictions
  • General Residential Zone — standard residential development provisions
  • Flood overlay — inundation risk, floor level requirements and permit triggers
  • Bushfire Management Overlay — BAL rating and construction requirements
  • Heritage overlay — restrictions on alterations, demolition and new development
  • Environmental Significance Overlay — native vegetation and habitat protections
  • Neighbourhood Character Overlay — design requirements and visual bulk controls
  • Development Plan Overlay — requirements for coordinated estate development
  • Incorporated Plan Overlay — specific development requirements for the area
  • Erosion and Salinity Management Overlays — land capability restrictions
  • Any active planning scheme amendments affecting the property or surrounding area
  • Outstanding planning permits and any conditions that run with the land
  • Any VicSmart permit history or planning enforcement orders

Westgate Tip: A property in a flood overlay or heritage zone can have significant building restrictions. Westgate checks every planning layer before you sign.

08 — Boundaries & Fencing

The legal boundary of a property and the physical fence line do not always match. Encroachments — where a structure, fence or building from one property overlaps onto another — can create significant legal disputes that are expensive and time-consuming to resolve. Identifying boundary issues before signing protects buyers from inheriting disputes that are not their making.

What Westgate reviews regarding boundaries and fencing:

  • Survey plan review — lot dimensions and boundary locations
  • Comparison of fence locations against title boundary dimensions
  • Identification of any encroachments from the property onto neighbouring land
  • Identification of any neighbouring structures encroaching onto the property
  • Party wall arrangements — shared walls and ownership boundaries
  • Adverse possession risks along boundary strips not fenced to title
  • Retaining wall ownership, maintenance obligations and liability
  • Any boundary disputes disclosed in the Section 32 or agent marketing
  • Any outstanding notices under the Fences Act 1968 Victoria
  • Shared driveway and access arrangements — formal or informal
  • Recommendation for title re-establishment survey if boundaries are unclear
  • Rights and obligations under the Fences Act Victoria for future disputes

Westgate Tip: A fence that is 300mm inside the legal boundary can create an adverse possession claim over time. Westgate identifies boundary risks before they become your problem.

09 — Owners Corporation

If you are purchasing an apartment, townhouse, unit or property within a master-planned estate, there is a strong likelihood it will be subject to an owners corporation. The owners corporation manages common property, sets rules for residents and levies fees to cover maintenance, insurance and administration. Understanding your owners corporation obligations before signing is essential.

What Westgate reviews in owners corporation checks:

  • Confirmation of whether the property is subject to one or more owners corporations
  • Owners corporation certificate — financial position and outstanding levies
  • Annual fees — administrative, maintenance and sinking fund contributions
  • Any special levies raised or proposed for major works or repairs
  • Reserve fund balance — adequacy for anticipated future maintenance
  • Owners corporation rules and by-laws — pet policies, renovation restrictions, noise
  • Any outstanding litigation involving the owners corporation
  • Building defects identified and any pending rectification works
  • Insurance coverage — type, value and inclusions
  • Car parking entitlements, storage cages and common property access rights
  • Minutes of recent owners corporation meetings for any flagged issues
  • Any proposed changes to rules, fees or common property arrangements

Westgate Tip: Outstanding special levies become the buyer’s responsibility at settlement. Westgate reviews the full financial position of every owners corporation before you sign.

10 — Statutory Searches & Authority Enquiries

Beyond the title search, a thorough conveyancing process requires a range of statutory searches from local councils, water authorities, the EPA, VicRoads and other government bodies. These searches reveal outstanding orders, notices, contamination risks and planned infrastructure works that could significantly affect the value and use of the property.

Statutory searches Westgate conducts on every Victorian property:

  • Council property enquiry — Form 10 — outstanding orders, notices and infringements
  • Building orders and enforcement notices from the local council
  • Outstanding council rates and any rates adjustments required at settlement
  • Water and sewerage authority search — connection details and outstanding accounts
  • Drainage diagram — sewer and stormwater connection points and locations
  • Special water levies or infrastructure charges affecting the property
  • Land tax clearance search — confirming no outstanding land tax liability
  • EPA search — environmental contamination notices or orders
  • Contaminated land register check for industrial or commercial history
  • Coal mine subsidence risk areas — particularly relevant in certain regional areas
  • VicRoads search — any proposed road widening or acquisition affecting the land
  • Level crossing removal or infrastructure project impacts near the property
  • Public acquisition overlays — government reservation of land for future use
  • Utility and services infrastructure — NBN, gas and electricity connection status

Westgate Tip: A road widening proposal can take a metre off your front garden. Westgate checks every authority search so you know exactly what surrounds your property.

11 — Building Permits & Compliance

Any building work carried out on a Victorian property requires a building permit. At settlement, responsibility for any outstanding or non-compliant permits transfers to the new owner. This means the buyer can inherit legal obligations, rectification costs and council compliance issues for work they had nothing to do with.

What Westgate checks regarding building permits and compliance:

  • All building permits issued in the last seven years identified and reviewed
  • Certificates of Final Inspection or Occupancy Permits obtained for completed works
  • Any outstanding or open building permits requiring finalisation
  • Building orders from council requiring rectification or demolition of structures
  • Permits for extensions, renovations, outbuildings, carports and sheds
  • Swimming pool and spa barrier compliance — mandatory certificates required
  • Demolition permits and associated site reinstatement obligations
  • Illegal or unapproved structures identified and liability assessed
  • Heritage permit compliance for properties in heritage overlays
  • Granny flat and secondary dwelling compliance with permit conditions
  • Any non-compliant structures affecting building insurance coverage
  • Retrospective approval options for unapproved works identified

Westgate Tip: An unapproved garage or deck can cost thousands to rectify after settlement. Westgate identifies every open permit and unapproved structure before you sign.

12 — Financial & Stamp Duty Considerations

Stamp duty — formally known as land transfer duty in Victoria — is one of the most significant upfront costs of buying property. Understanding your duty obligations and any available concessions or exemptions before signing ensures there are no financial surprises between contract and settlement.

What Westgate reviews in financial and stamp duty planning:

  • Full land transfer duty calculation based on dutiable value
  • First Home Buyer duty exemption — properties up to $600,000 — eligibility check
  • First Home Buyer duty concession — properties $600,001 to $750,000 — calculation
  • Principal Place of Residence concession eligibility and conditions
  • Off-the-plan duty concession — deduction for construction costs not yet completed
  • Foreign purchaser additional duty — 8% surcharge for non-residents
  • Pensioner exemption and concession eligibility review
  • Land tax implications for investment properties and thresholds
  • Land tax adjustment at settlement — apportionment between vendor and buyer
  • First Home Owner Grant eligibility — $10,000 for eligible new home purchases
  • Shared equity scheme implications — HomesVic and other government programs
  • Duty payable on chattels included in the sale price
  • Corporate trustee and discretionary trust duty implications
  • State Revenue Office assessment lodgement and timing

Westgate Tip: Many first home buyers miss duty concessions they are entitled to. Westgate ensures every eligible client maximises their available exemptions and grants.

13 — Mortgagee & Finance Checks

For most Victorian property buyers, the purchase will be funded at least in part by a mortgage. Ensuring your finance is unconditional, your lender’s requirements are met and your settlement funds are ready on the day is a critical part of a smooth settlement.

What Westgate manages in mortgagee and finance preparation:

  • Confirmation that finance approval is unconditional before proceeding to exchange
  • Review of mortgage offer conditions and any outstanding lender requirements
  • Confirmation that loan amount is sufficient to cover purchase price and costs
  • Lender valuation confirmation — ensuring property value supports the loan amount
  • Review of any special conditions imposed by the lender
  • PEXA — Property Exchange Australia — electronic settlement workspace setup
  • Coordination with lender’s solicitor or in-house legal team
  • Discharge of vendor’s existing mortgage — timing and coordination
  • Settlement funds calculation — confirming exact amount required on settlement day
  • Deposit bond review and conditions if used in lieu of cash deposit
  • Guarantor arrangement documentation review
  • First Home Guarantee Scheme compliance
  • Confirmation of settlement date availability with all parties via PEXA

Westgate Tip: Finance falling through after exchange can cost you your deposit. Westgate confirms unconditional approval before you are contractually committed.

14 — Identity Verification & Compliance

Victorian conveyancing transactions are subject to a growing range of compliance obligations — from identity verification and anti-money laundering checks to Foreign Investment Review Board approvals and SMSF purchasing rules.

What Westgate manages in identity and compliance verification:

  • Verification of Identity — VOI — completed for all buyers as required by Land Use Victoria
  • Anti-Money Laundering — AML — obligations assessed and documented
  • Source of funds verification where required by AML compliance
  • Foreign Investment Review Board — FIRB — approval required for foreign buyers
  • FIRB approval conditions reviewed and settlement conditions met
  • Self-Managed Super Fund — SMSF — purchasing compliance with SIS Act requirements
  • Bare trust and SMSF corporate trustee documentation review
  • Company purchasing — confirm signing authority, ABN and ACN details
  • Discretionary trust purchasing — trust deed review and trustee authority confirmation
  • Power of attorney arrangements — validity, scope and registration if required
  • Deceased estate purchasing — grant of probate and executor authority confirmed
  • Foreign Resident Capital Gains Withholding — FRCGW — obligations for applicable sales
  • GST withholding obligations for new residential premises purchases
  • Certified identity documents obtained and securely stored

Westgate Tip: FIRB approval can take weeks. Westgate identifies compliance requirements early so your settlement is never held up by a preventable oversight.

Why Victorian Property Buyers Trust Westgate Conveyancing

Westgate Conveyancing was built on a simple but powerful belief — that every Victorian deserves access to specialist property settlement expertise delivered with genuine care, complete transparency and consistent communication.

Our specialist team has supported thousands of Victorian buyers and sellers across every type of property transaction — from first home purchases in Melbourne’s western growth corridors to investment acquisitions in Geelong, Ballarat, Bendigo and Shepparton. We bring the same rigorous 14-point pre-contract checklist to every single transaction — regardless of property value, location or complexity.

What sets Westgate Conveyancing apart:

  • Fixed-fee pricing — a clear upfront quote with no hidden costs or surprise invoices at settlement
  • Dedicated conveyancer — one specialist manages your file from contract review to settlement day
  • Legal-backed expertise — every contract and document reviewed with precision and care
  • Statewide coverage — from Melbourne’s western suburbs to Victoria’s regional communities
  • 5-star client reviews — built on consistent results, clear communication and genuine care
  • PEXA-ready settlements — fast, secure and electronic settlement management
  • Available when you need us — prompt responses and clear updates throughout your transaction

Serving Victorian Communities — From Melbourne to Regional Victoria

Westgate Conveyancing has a strong and trusted presence across Victoria’s most active property markets.

  • Melbourne Western Suburbs: Truganina, Tarneit, Wyndham Vale, Werribee, Point Cook, Hoppers Crossing, Williams Landing, Laverton, Seabrook, Sanctuary Lakes and Altona Meadows.
  • Melbourne Northern Corridor: Wollert, Epping, Craigieburn, Mickleham, Donnybrook, Kalkallo, Roxburgh Park, Meadow Heights and Coolaroo.
  • Geelong & Surrounds: Geelong, North Geelong, Newtown, Highton, Belmont, Grovedale, Armstrong Creek, Charlemont, Barwon Heads and Torquay.
  • Ballarat & Surrounds: Ballarat, Alfredton, Delacombe, Sebastopol, Wendouree, Redan, Brown Hill, Mount Clear and Canadian.
  • Bendigo & Surrounds: Bendigo, Flora Hill, Kangaroo Flat, Strathdale, Long Gully and Eaglehawk.
  • Shepparton & Surrounds: Shepparton, Mooroopna, Kialla, Congupna, Grahamvale, Orrvale and Lemnos.

The Right Conveyancer Makes All the Difference

Buying property in Victoria is one of the most significant financial decisions of your life. The 14 critical steps outlined in this guide represent everything your conveyancer should be doing before you sign any property contract — to protect your interests, your investment and your future.

At Westgate Conveyancing, this checklist is not just a checklist — it is our standard. Every client, every property, every transaction receives the same specialist attention, the same rigorous review and the same genuine commitment to a successful outcome.

Don’t sign anything until you have spoken to Westgate Conveyancing. Your property deserves expert hands.

Frequently Asked Questions — Property Conveyancing Victoria

Q1. What does a conveyancer do in Victoria?
A conveyancer in Victoria manages the legal process of transferring property ownership from a vendor to a buyer. This includes reviewing the Contract of Sale and Section 32 Vendor Statement, conducting title searches and statutory searches, identifying easements, covenants and planning overlays, calculating stamp duty obligations, liaising with lenders and coordinating the final settlement. At Westgate Conveyancing, our specialist team handles every step of this process on your behalf — from the moment you find a property through to the day you receive the keys.
Q2. When should I engage a conveyancer in Victoria?
You should engage a conveyancer before you sign the contract — not after. Many Victorian buyers make the mistake of seeking legal advice only after signing, leaving themselves with limited options if problems are identified. The cooling off period in Victoria is only 3 business days, which is rarely enough time to conduct thorough due diligence. Westgate Conveyancing recommends contacting our team as soon as you find a property you are serious about purchasing.
Q3. What is a Section 32 Vendor Statement in Victoria?
A Section 32 Vendor Statement is a legal document that the vendor is required to provide to every buyer before signing a property contract in Victoria. It discloses key information about the property including title details, outgoings, planning restrictions, building permits, easements, covenants and any notices from authorities. If a Section 32 is defective or materially incomplete, the buyer may have the right to rescind the contract. Westgate Conveyancing reviews every Section 32 in detail to identify omissions, defects and any issues that could affect your rights as a buyer.
Q4. How much does conveyancing cost in Victoria?
Conveyancing costs in Victoria vary depending on the property type, transaction complexity and the conveyancer or solicitor you choose. At Westgate Conveyancing, we offer fixed-fee pricing — meaning you receive a clear, upfront quote from day one with no hidden charges or surprise invoices at settlement. Our fixed-fee model ensures complete transparency so you can budget with confidence throughout your entire property journey.
Q5. What is the difference between a conveyancer and a solicitor in Victoria?
A licensed conveyancer in Victoria specialises exclusively in property law and settlement transactions. A solicitor has broader legal qualifications and may practise across multiple areas of law. For property purchases, sales and transfers, a specialist conveyancer often provides a more focused, efficient and cost-effective service than a general solicitor. Westgate Conveyancing combines the precision of specialist conveyancing expertise with legal backing — giving clients the best of both worlds.
Q6. What searches does a conveyancer conduct before settlement in Victoria?
A thorough conveyancer conducts a comprehensive range of searches before settlement including a full title search, council property enquiry, water and sewerage authority search, land tax clearance search, EPA contamination search, VicRoads search and planning certificate. These searches reveal outstanding orders, notices, contamination risks, infrastructure proposals and other matters that could affect the value or use of the property. Westgate Conveyancing conducts all required searches on every Victorian property transaction as standard practice.
Q7. What is stamp duty in Victoria and how much will I pay?
Stamp duty — formally known as land transfer duty in Victoria — is a state government tax payable on property purchases. The amount payable depends on the purchase price, property type, buyer status and intended use. First home buyers may be eligible for a full exemption on properties up to $600,000 or a concession on properties between $600,001 and $750,000. Off-the-plan purchases may also attract a duty concession. Westgate Conveyancing calculates your exact stamp duty obligation and identifies every available exemption and concession to minimise your upfront costs.
Q8. What is the cooling off period in Victoria?
The cooling off period in Victoria is 3 business days from the date the buyer signs the Contract of Sale. During this period, the buyer may rescind the contract by providing written notice to the vendor — however a penalty of 0.2% of the purchase price applies. The cooling off period does not apply to properties purchased at auction or where the buyer has signed a Section 27 waiver. Westgate Conveyancing strongly recommends having your contract reviewed before signing rather than relying on the cooling off period to identify issues after the fact.
Q9. What are restrictive covenants and how do they affect my property?
Restrictive covenants are legal obligations registered on a property’s title that restrict how the land can be used, what can be built on it and sometimes what materials must be used in construction. Common examples include covenants requiring brick construction, prohibiting subdivision or restricting land to residential use only. Unlike planning rules, covenants can run with the land indefinitely — binding every future owner. Westgate Conveyancing identifies and explains every covenant affecting a property before you sign so you fully understand your obligations and any limitations on your plans.
Q10. What is PEXA and how does it work in Victoria?
PEXA — Property Exchange Australia — is the national electronic platform used to conduct property settlements in Victoria and across Australia. Rather than physical settlement meetings where paper documents and cheques are exchanged, PEXA allows all parties — including the buyer’s conveyancer, the vendor’s conveyancer and the respective lenders — to complete the settlement process digitally and simultaneously. Westgate Conveyancing is fully PEXA-ready, ensuring fast, secure and efficient settlements for every Victorian client.
Q11. What happens if settlement is delayed in Victoria?
If settlement is delayed in Victoria, the party responsible for the delay may be liable to pay penalty interest to the other party at the rate specified in the Contract of Sale. In some cases, repeated or significant delays can give the non-defaulting party the right to issue a Notice to Complete or ultimately terminate the contract. Westgate Conveyancing manages all settlement timelines proactively — coordinating with lenders, real estate agents and all other parties to minimise the risk of delays and protect our clients from financial penalties.
Q12. Do I need a conveyancer if I am buying off-the-plan in Victoria?
Yes — and arguably more so than with an established property purchase. Off-the-plan contracts are typically prepared by the developer’s legal team and contain clauses that strongly favour the developer — including sunset clauses, material change provisions and special conditions that can significantly affect the buyer’s rights. Westgate Conveyancing specialises in reviewing off-the-plan contracts across Victoria, identifying hidden risks and negotiating better terms for buyers before they commit to a purchase.
Q13. What is a title search and why is it important?
A title search is a formal search conducted through Land Use Victoria that reveals the current registered owner of a property, any mortgages or charges over the title, caveats lodged by third parties, easements, covenants and any writs or court orders affecting the property. A title search is one of the most fundamental steps in the conveyancing process because it confirms the vendor’s legal right to sell and identifies any registered interests that must be resolved before settlement. Westgate Conveyancing conducts a full title search on every Victorian property transaction as a non-negotiable first step.
Q14. Can Westgate Conveyancing help me anywhere in Victoria?
Yes. Westgate Conveyancing provides specialist conveyancing services across all of Victoria — from Melbourne’s western and northern growth corridors through to Geelong, Ballarat, Bendigo, Shepparton and every regional community in between. Our electronic settlement capability through PEXA means distance is never a barrier to receiving the same high standard of specialist conveyancing service that Westgate is known for. Contact our team today for a free, no-obligation quote regardless of where your property is located in Victoria.

Talk to Our Westgate Experts Today

206/2 Infinity Drive, Truganina VIC 3029
03 9917 8496 | 0421 076 035
westgateconveyancing.com.au

Don’t sign anything until you have spoken to Westgate Conveyancing. Get in touch with our team today for unparalleled conveyancing support.