10 Crucial Questions Real Estate Agents Should Ask Before Listing a Property (But Often Don’t)

Because What You Don’t Know Can Derail a Sale

Why This List Matters

At Victorian Property Settlements, we see it far too often:
A beautifully presented home hits the market, a buyer falls in love, the contract is signed—and then everything grinds to a halt over something that should have been disclosed up front.

It’s not that agents are careless. It’s that they’re not trained to ask the right questions.

So here are the 10 questions every listing agent should ask to keep deals moving, avoid rescissions, and protect their vendors (and themselves).

✅ 1. Have You Done Any Building or Renovation Work in the Last 7 Years?

Why it matters:
Under the Building Act 1993 (Vic), works done in the past 7 years—especially owner-builder works—must be disclosed in the Section 32 and may require warranties, reports, and certificates.

✅ 2. Was Any Work Done Without a Building Permit?

Why it matters:
If works required a building permit but none was obtained, this can open up major liability for the vendor and create compliance issues for the buyer. Buyers' inspectors are trained to find this.

✅ 3. Did You Do the Works Yourself or Use a Registered Builder?

Why it matters:
Owner-builder work over $10,000 has strict disclosure rules and triggers obligations including warranty insurance and building defects reports.

✅ 4. Have You Ever Received a Council Notice or Planning Breach?

Why it matters:
Vendors must disclose any ongoing dispute or order from the local council. Many owners forget a simple fence or planning issue they ignored—and that’s all it takes to lose a buyer.

✅ 5. Is There Any Unapproved Construction, Decking, or Pergolas?

Why it matters:
Decks, verandahs, and outdoor structures often fly under the radar—until a building inspector flags them and the purchaser walks away.

✅ 6. Has the Property Ever Been Used as a Short-Stay or Airbnb?

Why it matters:
This can affect land tax status, insurance cover, and even planning compliance. It may also be relevant under Victoria’s new short-stay levy regime.

✅ 7. Is There a Mortgage or Caveat on the Title That We Should Know About?

Why it matters:
If a caveat exists or a lender is uncooperative, this can delay or block settlement. Disclosure now gives everyone time to resolve it cleanly.

✅ 8. Are You Involved in Any Family Law or Deceased Estate Matters?

Why it matters:
If the vendor is separated, going through probate, or dealing with a trust, this affects who can sign, what consents are needed, and whether the sale can proceed.

✅ 9. Are You Expecting to Buy Another Property Simultaneously?

Why it matters:
Linked settlements increase risk. The vendor may be the weak link in a chain if their own purchase falls over—so disclosure helps prepare contract timelines properly.

✅ 10. Do You Want a Section 27 Early Release of Deposit?

Why it matters:
If yes, the agent should collect the mortgage payout figure and other supporting documents up front—before the Section 32 is issued—to avoid delays.

💡 Bonus Tip: Document the Answers

These questions aren’t just about conversation. Get the answers in writing. They become your best protection if issues arise later and help your conveyancer build a disclosure package that’s rock-solid.

🧭 Why Agents Who Ask These Questions Win More Sales

As explained by David Dawn, Licensed Conveyancer at Victorian Property Settlements:

“Agents who take the time to ask these 10 questions save their clients time, money, and grief. They also protect themselves from being blamed for what goes wrong later.”

At Victorian Property Settlements, we work with agents across Victoria who understand that what’s declared up front avoids disaster down the track.

If you’re not sure what to ask—or need a pre-listing questionnaire—we’re happy to help.

📞 Call us on (03) 9783 0111
🌐 Visit: www.victorianpropertysettlements.com.au