When is a section 32 statement out of date?

Section 32 of the Sale of Land Act 1962 (Vic) (SL Act) provides that a vendor selling land must, before a purchaser signs a contract, give a purchaser a signed statement of certain matters and documents as specified in Division 2 of the SL Act.

The section 32 statement must be current upon the purchaser signing the contract of sale.

Whether the information is out of date depends on factors such as the following.

  1. Is the information date sensitive?

Examples include:

  • council rates information as councils strike new rates every financial year and rates may increase.

Tip

When preparing a section 32 statement close to 30 June phone the council for updated information. If the rates have not been struck then state this in the section 32 statement with a warning that the amount may change for the new financial year.

  • owner builder inspection report must be not more than six months old at the time the purchaser enters into the contract of sale. Although it is common practice to attach an owner builder inspection report to a section 32 statement, there is no legal requirement to do so. Section 137B(2) of the Building Act 1993 (Vic) simply requires the report to be given to the intending purchaser before the contract is entered into.
  1. Has anything changed since the information was obtained?

For example, has the vendor done any building works since a building certificate was obtained?