Selling a Property

When should I arrange a Section 32 Statement?

Once you have decided you are going to sell your property and have listed the property with a Real Estate Agent or ready to list the property, you should arrange for the Section 32 Statement to be prepared.  The Vendors Section 32 Statement is a document which set out details for the prospective purchaser such as Council and Water outgoing, what services are connected at the property and whether you have had any Building Permits issued in the last seven years.  The Section 32 Statement is essentially a document to have available as early as possible as the Real Estate Agent cannot have a Purchaser sign a Contract of Sale until the Section 32 Statement accompanies the Contract. The document is very important as if it does not cover all the required details, then the Purchaser may have the right to end the Contract right up until settlement. Atlas Conveyancing Services will ensure this meets your exact needs.

Can I access my deposit prior to settlement?

Your Conveyancer will do their absolute best to have the deposit monies released to you prior to settlement.  However you should be aware that the release of deposit is not a mandatory requirement of the transaction.  For a Conveyancer to try and have the deposit monies released before settlement, (if you have one) your Mortgagee (if you have one) is required to provide details of your loan which must accompany the Section 27 Statement the Conveyancer prepares.  We will also request these details from your Mortgagee however, we do see circumstances where the Mortgagee does not provide or delays providing this information to us.   Once the required information is provided we can then serve the Section 27 early release of deposit Statement of the Purchasers Representative.  It is then up to the discretion of the Purchaser and/or their Representative as to whether the deposit monies are released to you.