All Topics / Help Needed! / When can I see the Section 32 Statement?
At what point can I expect an agent to let me view the Vendor's Statement? Is it freely available to anyone that asks for it?
Since the section 32 is required by Victorian law for the actual purchase of the property, the real estate agent cannot pursue an actual sale of the property without one. If the property has been put on the market, there should be a section 32 Vendors Statement to go with it. However, because the sale of a property is usually spontaneous and the section 32 is not allowed to be out of date, there usually isnt a section 32 available in the first few weeks of sale.
Thanks xdrew, understand that, but am I entitled to view the section 32 at any time,. providing one exists, or do I first need to enter into some type of agreement regarding my intention to purchase the property?
No you are not obliged to enter into ANY agreement to see the section32. Just ask for it. Sometimes the vendor's solicitor is slow in preparing it, and the realestate agent starts advertising before he/she has the section32 in hand, but if that is the case, you can ask them to email it to you when it becomes available.
Further to this, it IS possible to make an offer "subject to contents of the section32 satisfactory to ME"…. some wording like that which you should carefully concoct with your own solicitor. However this is pointless anyway, because I'm not sure the signed contract would hold water legally when in fact there IS no section32. If you happen to have found a gem of a property, you could discuss this strategy with your solicitor. But I wouldn't do anything at all without talking to your solicitor. Remember if you do eventually make an offer, lace the thing up with a few get out of jail free clauses such as "subject to purchaser being able to secure insurance that is satisfactory to the purchaser" (i mean… what is the measure of that. there is none. so if you wanted out, it'd be veeeery easy). "Subject to a minimum of 80% residential investment property finance by the Commonwealth Bank of Australia" etc etc etc. So if one bank knocks you back, or doesn't offer to loan you enough, you are not then obliged to run around finding another deal at undesirable rates.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Thanks JacM……excellent advise that I'm sure will sit well with me for the years, and many investments, to come…. Cheers !
Pleasure
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
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