For sale no section 32?

Discussion in 'The Buying & Selling Process' started by bugalugs, 27th Sep, 2020.

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  1. bugalugs

    bugalugs Member

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    Looking at some land the other day and the agent tells me "due to a family dispute" there is no section32 available...

    Is this legal? If you can't sell it then is it legal to be advertising it?
     
    bugalugs, 27th Sep, 2020
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  2. The Y-man

    The Y-man Moderator Staff Member

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    Yes - happens a lot. But you can't put a formal offer in until it is done (nor would you'd want to!)

    Lawyers can take 2~3 weeks to get the s32 done.

    The Y-man
     
    The Y-man, 27th Sep, 2020
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  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Terry_w, 27th Sep, 2020
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  4. bugalugs

    bugalugs Member

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    Good advice thanks... Im thinking there is something that has come up in the S32 that is a red flag so they are sitting on it. And in the meantime sandbagging prospective buyers.
     
    bugalugs, 27th Sep, 2020
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  5. The Y-man

    The Y-man Moderator Staff Member

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    There can be all sorts of legit delays.
    The vendors might not have all the rates notices etc ready, could be waiting on water and power details, and if there is an OC, it can take time to get the OC cert/common property insurance certificate issued by the insurer.

    The Y-man
     
    The Y-man, 27th Sep, 2020
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  6. KateAshmor

    KateAshmor Victorian Conveyancing Lawyer Business Member

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    Yep. But they can’t sell it yet - or legally take any deposit money from you - unless you are first presented with a signed section 32/vendor statement and a contract.

    Might be a probate dispute. Very important to check that probate has already been granted, or settlement can’t occur (even if a contract has been signed with a settlement date included).
     
    KateAshmor, 28th Sep, 2020
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