Property Sale Section 32
The client is selling their property located at a residential address in Victoria and has received a Section 32 statement. They wish to ensure that all aspects of the documentation are in order and that there are no unfavourable conditions contained within it. The Section 32 includes information about zoning, overlays, rates, charges, and infrastructure relating to the property. The property is currently not under any special conditions such as GST or lease agreements. Two individuals are listed as vendors, and their legal representatives are a local firm specializing in conveyancing.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the key components of the Section 32 that I should be particularly aware of before proceeding with the sale?
In the Section 32, key components to be particularly aware of before proceeding with the sale include:
- Title Details: Confirm the property title is accurate and reflects current ownership.
- Zoning and Planning: Check for zoning information, overlays, and any proposed amendments affecting the property's use.
- Outgoings: Review outstanding rates, charges, and utilities to ensure they are up to date, as any arrears will need to be settled upon sale.
- Land Use and Restrictions: Be aware of easements, covenants, or other restrictions that might affect the property's use or future development.
- Environmental Considerations: Confirm the property location regarding any relevant environmental risks.
Section 32 Sale of Land Act 1962.
Are there any potential liabilities or obligations outlined in the Section 32 that might affect me after the sale is completed?
In reviewing the Section 32 statement, potential liabilities or obligations could affect you post-sale. Outstanding service charges for utilities, which may need settling before or upon sale, could become a charge on the property. Additionally, ensure all land use zones and overlays are fully disclosed to the buyer to avoid future disputes.
How can I ensure that all disclosures in the Section 32 are accurate and complete to avoid any legal issues in the future?
To ensure all disclosures in the Section 32 statement are accurate and complete, meticulously review the document against the Sale of Land Act 1962 requirements. Confirm ownership details, title particulars, zoning information, and any encumbrances. Verify statutory charges are up-to-date. Checking for environmental risks and consulting your solicitor for cross-checking these details with council records is advisable.
Should I be aware of any specific local council regulations or restrictions that could influence the sale of my property?
You should be aware of relevant local council regulations which may influence your property sale. The property is subject to overlays that may affect potential development and construction activities. Additionally, understanding any environmental or cultural heritage sensitivities is crucial.
