A Section 32 vendor statement is supposed to tell a buyer everything material about a property, but "material" has a specific legal meaning, and it is narrower than most buyers assume. The gaps between what a Section 32 covers and what a buyer actually wants to know are exactly where problems surface after settlement, not before.
For a full walkthrough of everything a Section 32 has to include and the protections it gives buyers, see our guide to Section 32 vendor statements in Victoria. This article is about the other half of the picture: what it is legally allowed to leave out.
Buying in Victoria? Get the Section 32 reviewed before you rely on it. What it leaves out matters as much as what it says.
Book a Free Consultation →What Does a Section 32 Have to Disclose?
Planning overlays, registered easements, covenants, owner-builder work, outgoings, and any current orders or notices affecting the land. If a matter is on this defined list, it has to be in the statement. This is a fixed, statutory list under the Sale of Land Act 1962 (Vic), not a general "tell the buyer anything relevant" obligation.
What Will a Section 32 Never Mention?
Because the disclosure obligation is defined by statute rather than by what a reasonable buyer would want to know, a Section 32 is silent on matters that can materially affect a property's value or liveability, including:
- The neighbour's pending development application
- Council's future infrastructure plans for the area
- Build quality
- Pest activity
- Soil conditions
None of that is the vendor's legal obligation to disclose. A buyer who wants to know about any of it needs to make their own enquiries: a council planning search, an independent building and pest inspection, and, where relevant, a soil or geotechnical assessment.
How Phan Campbell & Associates Can Help
At Phan Campbell & Associates in Footscray, our conveyancing team reviews Section 32 vendor statements for buyers across Melbourne and Victoria, and flags where the statement's silence, not just its content, should prompt further enquiries before you commit.
Frequently Asked Questions
1. What does a Section 32 have to disclose?
Planning overlays, registered easements, covenants, owner-builder work, outgoings, and any current orders or notices affecting the land. If it's on this list, the vendor's Section 32 has to include it.
2. What will a Section 32 never mention?
A neighbour's pending development application, council's future infrastructure plans, build quality, pest activity, and soil conditions. None of that is a vendor's legal obligation to disclose.
3. Why is "material" narrower than most buyers think?
"Material" has a specific legal meaning tied to a defined list of matters under the Sale of Land Act. It does not extend to every fact a reasonable buyer would want to know.
4. When should a Section 32 be reviewed?
Before you rely on it to make a purchase decision, ideally alongside independent enquiries such as a council search and building inspection, since these fall outside what the vendor is required to disclose.