These common section 32 mistakes can cost you dearly
When selling a home or an investment property, there are a number of expenses that you have to pay, such as marketing costs and commission.
So with a number of costs that you have no choice but to pay, why would you risk outlaying more than you need to?
Unfortunately, that is the situation for some sellers who, for some reason known only to them, fail to abide with legislation in Victoria.
A Section 32, or vendor’s statement, is a legal document in Victoria that requires certain legislated information to be disclosed to potential buyers.
If a seller does not disclose the required information it could end up costing them dearly.
Let’s take a look, then, at some common Section 32 mistakes and the potential costs involved.
Failing to disclose all of the necessary info in your vendor’s statement
Given its legal importance, a Section 32 should always be prepared by a legal practitioner to ensure that it adheres to the relative legislation.
Information that must be disclosed in a Section 32 includes any mortgages on the property, the existence of any covenants and easements, council zoning, outgoings such as rates or body corporate fees, as well as any other declarations such as whether the property is located within a bushfire-prone area.
A Section 32 must be provided to prospective buyers before any contract of sale is signed.
Failure to disclose all the necessary information in the vendor statement can not only give a buyer grounds to walk away from the deal – it is also a criminal offence.
In addition, failure to comply with some of the rules can attract huge monetary penalties.
Who would risk such an outcome by not disclosing all the necessary information?
Not reading through every detail in the Section 32 form
Another common mistake that vendors make with the Section 32 form is not reading through it in detail.
You may be thinking that it is your lawyer’s responsibility, right?
Of course, your legal representative will professionally prepare and review the document, but a Section 32 is only as good as the information that you as the seller are prepared to disclose to them.
By reading through the details of the Section 32 form, you can double-check that the information included is correct. It is a seller’s form of due diligence.
Your legal representative, for example, will check details such as who is legally entitled to sell the property. That is, whose name is listed on the property’s title. If the property is jointly owned, then both party’s names need to be listed and both will need to sign the Section 32 form. Otherwise, it is invalid – unless a Power of Attorney or similar is in play.
Your legal representatives will also identify that what is being sold measures up with the relevant Certificate of Title. The Section 32 form should mirror the property details on the title, including the lot particulars.
Failing to obtain the best legal and financial advice in advance
Too many home buyers and sellers don’t think about obtaining the best legal and financial advice until the last minute.
Then they’re left scrambling to find someone to assist them when time is fast running out to close the deal.
One of the other most common mistakes with a Section 32 form is not seeking the right legal and financial advice in advance.
When you think about it, it makes sense to get all your property ducks in a row before you need them – and that includes professional legal and financial advice.
The world of banking and finance can be a pretty daunting one for both novice and sophisticated investors and since our establishment in 2002 we’ve focused on providing outstanding service and business standards.
This approach was vindicated when we were named Victoria’s favourite mortgage broker at the Investors Choice Awards.
So, if want the advice about buying property in Victoria, including the Section 32, why not contact Intuitive Finance today to ensure you have the right information and expert support on your side from the very beginning.
If you’d like an expert to provide you with a better understanding of buying Victorian real estate or if you have any other questions, please just contact us directly and we’ll be in touch.
The information provided in this article is general in nature and does not constitute personal financial advice. The information has been prepared without taking into account your personal objectives, financial situation or needs. Before acting on any information you should consider the appropriateness of the information with regard to your objectives, financial situation and needs.
with clients all over Australia and around the world. Andrew has over 30 year’s experience in the finance industry and has assisted clients to secure over $2 Billion in mortgage lending over his time. Intuitive Finance deals with all aspects of lending from helping first homebuyers, someone wanting to upgrade their home or starting out and experienced investors looking to secure that next investment property, we can assist with all those requirements. We also specialise in working with self-employed clients and getting them the best outcomes, along with Commercial and Asset finance solutions. Intuitive Finance is highly regarded in the industry and has been recognised as a national winner of the MFAA customer service award and also one of the finance industry’s top mortgage employers. Our brokers also feature regularly in the Top 100 mortgage brokers list in Australia.
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