Verbal Agreements and the Sale of Land Act

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In Victoria, Section 53 of the Property Law Act 1958 (Vic) requires that any contract for the sale or disposition of land must be in writing to be enforceable.

That means:

  • Verbal promises made by the seller, the agent, or anyone else are not legally binding

  • The written contract of sale governs everything—not what someone “said”

This is why we strongly advise all clients to record everything in writing before signing or during contract negotiations.

Common Verbal Promises That Fall Apart

At Victorian Property Settlements, we frequently see:

  • Agents saying “They’ll leave the dryer behind” – but it’s gone at settlement

  • Vendors saying “We’ll fix that cracked tile” – but no action is taken

  • A buyer being told “You can access the property early” – only to be denied later

  • Verbal promises about chattels, repairs, or timing that were never added to the contract

If it's not documented, you have no legal recourse—even if it was promised in good faith.

What the Courts Say

Victorian courts will not enforce verbal representations unless:

  • They are recorded in writing in the contract or

  • There is overwhelming evidence of fraud or misrepresentation (a high bar to prove)

The Sale of Land Act 1962 and Property Law Act 1958 (Vic) both reinforce that writing is essential.

David Dawn’s Advice to Buyers and Sellers

“If someone promises you something, say, ‘Put it in writing.’ It doesn’t have to be a fight—it’s just good practice. Verbal promises are worthless unless written into the contract.”

We encourage clients to:

  • Use written addendums or special conditions

  • Follow up phone calls with email confirmations

  • Ask their conveyancer to formalise all verbal agreements

Can Agents Be Held to Account?

Sometimes agents make verbal claims about inclusions or changes. However, under the Australian Consumer Law, these must be:

  • Accurate

  • Not misleading or deceptive

If an agent says something untrue and you rely on it to sign a contract, it may form the basis of a consumer complaint—but again, you’d need strong evidence.

Final Thoughts

In Victorian property law, your signature is worth more than their word. Verbal promises might feel reassuring—but without written backing, they’re not enforceable. Always insist on clear, documented terms.

Want to Review the Fine Print Before You Sign?

Victorian Property Settlements – Trusted for over 25 years by Victorian buyers and sellers.
📍 Based in Frankston, serving all of Victoria
📞 03 9783 0111 | ✉️ david@quick32.com
🌐 www.victorianpropertysettlements.com.au