Why We Ask Questions Up Front – And Why Some Don’t
/Introduction: The Frustration With Questions
If you’ve ever asked for a conveyancing quote and felt like you were being interrogated, you’re not alone. Many clients tell us they expected a quick figure, but instead we asked them about property type, ownership structures, sale conditions, trusts, auctions, and more.
It’s natural to wonder: why do they need all this before they can give me a price?
The truth is, property transactions in Victoria are never identical. Every home, every parcel of land, every vendor, and every purchaser brings different risks and obligations. A “one-size-fits-all” quote ignores this reality, and too often leads to unexpected costs or nasty surprises down the track.
Unfortunately, not every firm takes this approach. Some will happily give you a headline figure without knowing a single detail about your property. It feels easy and quick — until you’re halfway through the transaction and the real costs emerge.
At Victorian Property Settlements, we’ve learned over 25 years that asking the right questions up front is the only way to protect our clients. It’s not about making things harder. It’s about making sure you get accuracy, compliance, and peace of mind from the very beginning.
The 5-Minute Quote That Cost a Client $15,000
Let me share a story.
A couple once came to us after their sale fell through with another conveyancer. They had gone online and requested a quote from a firm advertising “$770 conveyancing — no questions asked.” They thought they were saving time and money.
Here’s what happened:
The property was part of an Owners Corporation, but the firm never asked. No Owners Corporation Certificate was ordered.
The Section 32 statement was incomplete, breaching section 32(3) of the Sale of Land Act 1962 (Vic), which requires vendors to disclose details about outgoings and liabilities.
The purchaser’s lawyer spotted the omission and exercised their right to rescind under section 32K.
Result? The vendors lost their buyer. They also lost six months of marketing momentum and had to re-list the property. By the time they eventually sold, the market had softened, and they accepted $15,000 less than the first offer.
All because their first conveyancer didn’t ask a simple question: “Is the property part of an Owners Corporation?”
This wasn’t just an expensive mistake. It was avoidable.
The Illusion of the “Quick Quote”
Why do some firms give out quotes without asking anything?
The answer is simple: marketing. A quick, no-questions-asked figure feels easy. It’s designed to attract you before you’ve had time to think about what’s missing.
But a quote without context is meaningless. It’s like a builder quoting to “renovate a house” without asking how many rooms, what materials, or what approvals are needed. You wouldn’t accept that in construction, and you shouldn’t accept it in conveyancing.
Under the Conveyancers Act 2006 (Vic), licensed conveyancers must act in their client’s best interests. That includes making sure you understand the scope of the work and all associated costs. A “quick quote” that ignores key facts simply can’t meet that standard.
Why We Take a Different Approach
At Victorian Property Settlements, our philosophy is simple:
Transparency beats speed. We’d rather spend five extra minutes asking questions than risk you facing unexpected costs.
Compliance matters. We are bound by the law, and we take that seriously.
Your peace of mind is worth it. Buying or selling property is one of the biggest financial decisions you’ll ever make. It deserves care, not shortcuts.
Over the next sections of this article, we’ll walk through the key questions we ask when preparing a quote. For each, we’ll explain why it matters, what law it connects to, and — most importantly — what can go wrong if nobody bothers to ask.
A Word on Professional Duty
It’s not just about protecting you. It’s about our obligations too.
The Conveyancers Act 2006 (Vic) sets out clear duties for licensed conveyancers. We must act honestly and fairly, we must exercise skill, care, and diligence, and we must ensure clients understand costs and risks.
If a conveyancer gives a quote without asking even the most basic questions, they are arguably falling short of those duties. We don’t operate that way. Our reputation is built on trust, clarity, and doing the job right.
Looking Ahead
So yes — when you ask us for a quote, you’ll get questions in return. But each one has a purpose. Each one helps us give you a clear, accurate, and honest estimate of what your conveyancing will cost, and what risks may arise.
And if you ever feel frustrated by that process, remember the couple who lost $15,000 because their conveyancer didn’t bother to ask.
In the next section, we’ll explain why quotes vary between firms — and how to spot the difference between a headline price and a genuine estimate.Why Quotes Vary Between Firms
When clients shop around for conveyancing, the first thing they notice is how different the quotes can be. One firm says $770. Another says $1,400. A third won’t commit until they’ve asked half a dozen questions.
It’s easy to assume the cheapest one is the best. After all, why pay more for the same job? But the truth is, conveyancing is never the same job. Each transaction has its own risks, obligations, and complexities. And that’s why quotes vary so much.
Headline Figures vs. Real Estimates
Some firms offer what I call “headline figures.” They’ll put a bold number on their website — $770 conveyancing! — without explaining what it actually covers. These figures are designed to hook you in, not to reflect the true cost of your matter.
What they don’t tell you is that the “quote” often excludes common disbursements like title searches, certificates, or Owners Corporation documents. It also doesn’t cover unusual conditions, trust structures, or urgent work. By the time the extras are added, the bill is often as high — or higher — than the firm that gave you the careful estimate in the first place.
The Crash Analogy
It’s a bit like having a crash in your car. Imagine you’re still standing at the side of the road, the tow truck hasn’t even arrived, and you ring a panel shop and say:
“My car’s had a smash. How much to fix it?”
What kind of quote would you trust if they said:
“Oh, that’ll be $3,000 — we don’t need to see it.”
You wouldn’t. Because the damage could be a scratch, or it could be a write-off. You know instinctively that no honest mechanic can give you a figure without inspecting the car first.
Yet every week, people accept blind conveyancing quotes for property transactions worth hundreds of thousands of dollars. They take the number at face value, even though the conveyancer hasn’t “looked under the bonnet” by asking a single question.
Story: The Cheap Quote That Grew and Grew
Not long ago, a first-home buyer told me they’d chosen a firm that gave them the cheapest quote. No questions asked. They thought they’d saved $300 compared to our estimate.
By the end of the transaction, here’s what had been added on:
$180 for urgent certificates because the conveyancer didn’t order them early enough.
$350 for an Owners Corporation Certificate — not included in the “fixed fee.”
$220 for “extra correspondence” because the vendor had amended the contract twice.
Final bill? $1,520 — nearly double the original “quote.”
When the client compared it to the careful estimate we’d given at the start, they realised they would have paid less with us — and avoided the stress of surprise invoices along the way.
Why We Won’t Play That Game
At Victorian Property Settlements, we won’t give you a number just to win your business. That would be like the panel shop guessing at the cost of your car repairs. It’s not professional, it’s not accurate, and it’s not fair.
Instead, we take the time to ask questions. Each answer shapes the scope of work, the searches we’ll need, and the certificates that apply. That’s how we can give you a quote you can trust, rather than a headline designed to reel you in.
The Legal Obligation
There’s also a legal side to this. Under the Conveyancers Act 2006 (Vic), we’re required to provide clear disclosure of costs. We can’t do that without first understanding what your transaction involves. To do otherwise would be misleading, and potentially a breach of our professional duties.
So while some firms hand out numbers without blinking, we won’t. Our reputation is worth more than that.
Key Takeaway
Next time you see a quick, cheap quote with no questions asked, think of the car crash analogy. Would you trust a panel shop that quoted you sight unseen? Or would you want them to look at the car before telling you the cost?
Property is no different. If a firm doesn’t ask questions before quoting, they’re not giving you certainty — they’re giving you a guess.Each Question Matters
By now you might be thinking: Alright, I get that questions are important. But do you really need so many?
The short answer is yes. And here’s why. Each question we ask is tied to a specific legal duty, certificate, or potential risk. If we don’t ask, we can’t protect you.
Think back to the car crash analogy. You wouldn’t trust a panel shop that quoted without inspecting your car. Equally, you shouldn’t trust a conveyancer who doesn’t ask about the details of your property before giving a figure. Because under the bonnet, the “damage” might be far greater than it looks from the outside.
Let’s break down some of the key questions we ask — and why they matter.
1. Is the property residential, commercial, or vacant land?
This is one of the most basic but most critical distinctions.
Residential property requires certain disclosures under the Sale of Land Act 1962 (Vic).
Commercial property often comes with leases, GST considerations, and additional searches.
Vacant land may be subject to planning overlays or development restrictions.
I recall one case where a purchaser received a quote for “residential conveyancing” from another firm. No questions asked. It turned out they were buying a block of vacant land in a growth area, subject to a Development Contributions Plan Overlay. They weren’t told about the potential charges until settlement, when the council demanded over $20,000.
If the right questions had been asked, that issue would have been spotted early. Instead, it blindsided them.
It’s like asking the panel shop to fix your “car” without mentioning that it’s actually a four-wheel-drive with heavy chassis damage. The quote will never match the reality.
2. Is there an Owners Corporation?
This question is so important it deserves repeating.
Under the Owners Corporations Act 2006 (Vic), a vendor must disclose details of fees, liabilities, and insurance. The only way to do that properly is with an Owners Corporation Certificate.
Firms that don’t ask this question give you a quote that excludes the certificate fee. Then halfway through, you’re told it’s “extra.”
But the risk isn’t just financial. If the disclosure is incomplete, the purchaser may rescind under s32K of the Sale of Land Act 1962 (Vic). We’ve seen vendors lose entire sales because their conveyancer never asked about an Owners Corporation.
That’s the equivalent of a panel shop quoting for “paint scratches” when the entire chassis is bent. A hidden problem that makes the first quote worthless.
3. Is the property going to auction or private sale?
This changes everything.
At auction, the contract is fixed. Whatever is in it — fair or unfair — you’re stuck with it if you win.
At private sale, we can negotiate conditions, strike out unfair clauses, and protect your interests.
One buyer went to auction with a firm that never asked this question. They didn’t realise the contract contained a special condition making the purchaser responsible for outstanding land tax. That clause would never have survived negotiation at private sale. But because it was an auction, they were stuck.
It cost them over $8,000 in unexpected adjustments at settlement.
Imagine the panel shop quoting to fix “a dent” when in fact the airbags have deployed. If they’d asked how the accident happened — auction or private sale — they would have realised the scale of the work.
4. Are you buying through an SMSF or trust?
This one is critical for compliance. SMSFs are bound by strict ATO rules, and trust purchases involve reviewing trust deeds and verifying authority to act.
We once saw an SMSF purchase collapse because the conveyancer had no idea it was an SMSF until halfway through. They hadn’t asked. The lender refused to proceed until the bare trust deed was in place, but by then deadlines had passed and the vendor issued a default notice.
Had the right questions been asked at the quoting stage, the client would have had time to prepare. Instead, they nearly lost their deposit.
It’s like calling the panel shop and saying “my car had a small crash,” without mentioning it’s a rare imported vehicle with specialist parts. If they don’t know the type of “vehicle” they’re dealing with, the quote is meaningless.
5. Have there been building works at the property?
This is one of the most dangerous areas.
Under the Building Act 1993 (Vic), owner-builders must provide warranties and insurance. Even works carried out without permits can have huge consequences for purchasers.
We once saw a contract that said “all works as inspected.” That clause was hiding the fact that the garage had been converted into a living space without a permit. The conveyancer who gave the client a “quick quote” never asked. It wasn’t discovered until after settlement, when the council issued a building notice. The rectification cost nearly $40,000.
This is the equivalent of the panel shop quoting for a “bumper repair” when the engine block is cracked. If they don’t ask about the accident, they can’t see the real damage.
6. Will you require finance?
If finance is involved, timing and conditions become critical.
We’ve seen cases where purchasers didn’t disclose finance needs early. Their conveyancer never asked. The finance clause in the contract was inadequate, and when their loan approval came late, they were technically in breach.
Had the conveyancer asked at the quote stage, they could have inserted proper finance conditions. Instead, the client was left exposed.
Once again — like the panel shop, if you don’t mention the engine won’t start, you’ll get a meaningless quote.
Why This Matters
Each of these questions is not just paperwork. It’s protection. Every time we ask, we’re inspecting the “damage” before giving you a figure. We’re making sure the quote reflects the real work involved, and that you’re protected against the risks.
Firms that don’t ask are essentially blind-quoting. And as we’ve seen, that’s like trusting a panel shop that gives you a figure without ever looking at your car. It might sound convenient. But it’s not something you should ever rely on.Each Question Matters
By now you might be thinking: Alright, I get that questions are important. But do you really need so many?
The short answer is yes. And here’s why. Each question we ask is tied to a specific legal duty, certificate, or potential risk. If we don’t ask, we can’t protect you.
Let’s break down some of the key questions we ask — and why they matter.
1. Is the property residential, commercial, or vacant land?
This is one of the most basic but most critical distinctions.
Residential property requires certain disclosures under the Sale of Land Act 1962 (Vic).
Commercial property often comes with leases, GST considerations, and additional searches.
Vacant land may be subject to planning overlays or development restrictions.
I recall one case where a purchaser received a “residential” quote from another firm, only to later discover they were buying a block of vacant land in a growth area. The land was subject to a Development Contributions Plan Overlay, which carried a $20,000 liability. Because the conveyancer hadn’t clarified the property type, the risk wasn’t identified until it was too late.
2. Is there an Owners Corporation?
This question is so important it deserves repeating.
Under the Owners Corporations Act 2006 (Vic), vendors must disclose fees, liabilities, and insurance. The only way to do that properly is with an Owners Corporation Certificate.
Firms that don’t ask this question give quotes that exclude the certificate fee. Then halfway through, you’re told it’s “extra.”
But the risk isn’t just financial. If the disclosure is incomplete, the purchaser may rescind under section 32K of the Sale of Land Act 1962 (Vic). We’ve seen vendors lose entire sales because this detail wasn’t addressed at the start.
3. Is the property going to auction or private sale?
This changes everything.
At auction, the contract is fixed. Whatever is in it — fair or unfair — you’re stuck with it if you win.
At private sale, we can negotiate conditions, strike out unfair clauses, and protect your interests.
One buyer went to auction with a conveyancer who never asked this question. The contract contained a special condition making the purchaser responsible for outstanding land tax. That clause would never have survived negotiation at private sale. But because it was an auction, they were stuck, costing them over $8,000 in unexpected adjustments.
4. Are you buying through an SMSF or trust?
This one is critical for compliance. SMSFs are bound by strict ATO rules, and trust purchases involve reviewing trust deeds and verifying authority to act.
We once saw an SMSF purchase collapse because the conveyancer had no idea it was an SMSF until halfway through. They hadn’t asked. The lender refused to proceed until the bare trust deed was in place, but by then deadlines had passed and the vendor issued a default notice.
Had the right questions been asked at the quoting stage, the client would have had time to prepare. Instead, they nearly lost their deposit.
5. Have there been building works at the property?
This is one of the most dangerous areas.
Under the Building Act 1993 (Vic), owner-builders must provide warranties and insurance. Even works carried out without permits can have huge consequences for purchasers.
We once saw a contract that said “all works as inspected.” That clause was hiding the fact that the garage had been converted into a living space without a permit. The issue wasn’t discovered until after settlement, when the council issued a building notice. The rectification cost nearly $40,000.
6. Will you require finance?
If finance is involved, timing and conditions become critical.
We’ve seen cases where purchasers didn’t disclose finance needs early. Their conveyancer never asked. The finance clause in the contract was inadequate, and when their loan approval came late, they were technically in breach.
Had the conveyancer asked at the quote stage, they could have inserted proper finance conditions. Instead, the client was left exposed.
Why This Matters
Each of these questions is not just paperwork. They directly affect your costs, your obligations, and in some cases, whether your contract is enforceable. By asking them up front, we can prepare a quote that reflects the real scope of work and protects you from unnecessary risks.
Firms that skip this step may appear cheaper at first, but the consequences can be far more expensive later.The Real-World Risks of Not Asking
When firms hand out quotes without asking questions, the risks fall on the client. At first, it feels like you’ve saved time and money. But as the matter unfolds, those missing questions turn into missing protections — and sometimes very costly consequences.
Here are some of the most common risks we see when the right questions aren’t asked at the beginning.
Hidden Owners Corporation Levies
One of the most common problems arises with units and apartments. If a conveyancer doesn’t ask whether the property is part of an Owners Corporation, they may fail to order the certificate required under the Owners Corporations Act 2006 (Vic).
We once dealt with a purchaser who came to us for help after using a “low-cost” provider. They thought their new unit was a bargain — until the Owners Corporation issued a $40,000 special levy for building repairs just weeks after settlement.
Had the certificate been obtained, the levy would have been disclosed in the Section 32 statement, and the purchaser could have walked away before signing. Instead, they were stuck with the bill.
Undisclosed Building Works
Another trap involves renovations or extensions that were never approved. Under the Building Act 1993 (Vic), owner-builders must provide warranties and insurance for works carried out within the last 10 years. Even non-owner-builders must have appropriate permits for structural works.
We saw a case where a purchaser bought a property with a converted garage. The contract included a vague clause: “all fixtures and fittings as inspected.” No questions were asked at the quoting stage, and the issue wasn’t investigated. After settlement, the council issued a building notice. Rectifying the unapproved works cost nearly $40,000.
This could have been avoided if the conveyancer had asked one simple question: “Have there been any building works at the property?”
The Auction Trap
At auction, contracts are final. You take them as they are. That makes it critical for a conveyancer to know whether a purchase is by private treaty or auction.
A client once came to us after being hit with a land tax adjustment they hadn’t expected. The contract they signed at auction included a special condition making the purchaser responsible for land tax — even though under current reforms in Victoria, land tax is generally not adjustable for most residential sales.
Because they bought at auction, they couldn’t negotiate this out. It cost them more than $8,000 at settlement. A careful conveyancer would have spotted the condition before auction and warned them. A firm that doesn’t ask the auction question leaves you unprotected.
Finance Falling Through
For most buyers, finance is the make-or-break factor. If a conveyancer doesn’t ask about finance, they may not insert the correct finance clause in the contract.
One young couple nearly lost their deposit because their conveyancer didn’t ask. They had a pre-approval, but their lender’s valuation came in lower than expected. The bank delayed issuing final approval. Their contract had a 14-day finance clause — too short for their circumstances.
They were technically in default. Only after frantic negotiations was an extension granted. It could easily have gone the other way.
Asking about finance at the quoting stage ensures the right conditions are inserted before the contract is signed.
SMSF and Trust Purchases
Buying through an SMSF or trust brings additional obligations. The conveyancer must review trust deeds, confirm authority to act, and ensure compliance with ATO requirements.
We once saw a case where a conveyancer discovered halfway through that the purchaser was using an SMSF. By then, critical documentation wasn’t in place. The bank refused to fund the loan without a bare trust deed. Deadlines passed, the vendor issued a default notice, and the client nearly lost their deposit.
This wasn’t about complexity. It was about a question that should have been asked on day one: “Are you buying in your personal names, or through an entity?”
The Bottom Line
These risks are not theoretical. They happen every week in real property transactions across Victoria.
And they have one thing in common: they could have been avoided if the right questions were asked up front.
What looks like “too many questions” at quoting stage is, in reality, the foundation of protection. Each detail gives us the information we need to:
Prepare an accurate quote.
Identify risks before you’re committed.
Ensure compliance with Victorian legislation.
Save you from surprises at settlement.
When questions aren’t asked, you’re not saving time or money. You’re gambling with one of the biggest financial decisions of your life.Professional Obligations
It’s one thing to say that asking questions protects clients. It’s another to recognise that, for licensed conveyancers, it isn’t just good practice — it’s a professional duty.
In Victoria, the way conveyancers must operate is set out under the Conveyancers Act 2006 (Vic) and other property legislation such as the Sale of Land Act 1962 (Vic) and the Transfer of Land Act 1958 (Vic). Together, these Acts make it clear that conveyancers cannot simply hand out figures without knowing the facts.
Acting Honestly, Fairly, and Diligently
Section 7 of the Conveyancers Act 2006 (Vic) requires conveyancers to act honestly, fairly, and in the best interests of their clients. Section 8 requires conveyancers to exercise reasonable skill, care, and diligence in their work.
That obligation begins the moment a client engages us — not halfway through the transaction. Giving a blind quote without clarifying whether the property is residential, subject to an Owners Corporation, or part of a trust structure is not diligent. It isn’t careful. And in our view, it falls short of acting fairly.
Clear Disclosure of Costs
Under Section 47 of the Conveyancers Act 2006 (Vic), licensed conveyancers must disclose their costs before or when they are retained, or if that is not possible, as soon as practicable afterwards.
The disclosure must include:
If the cost is known — the actual amount.
If the cost is not known — the basis on which costs will be calculated (fixed fee, hourly rate, disbursements, etc.).
How invoices will be issued.
The client’s rights if there is a dispute about costs, including complaints to Consumer Affairs Victoria and applications to VCAT.
If a conveyancer fails to comply with Section 47 (and no exception in Section 48 applies), the client is not required to pay those costs.
This is why we will never give a figure without asking questions. To provide a valid disclosure under Section 47, we need to know the details of your property and your circumstances. A “one number fits all” approach isn’t just misleading — it risks being unenforceable.
Sale of Land Act Obligations
For vendors, the Sale of Land Act 1962 (Vic) requires specific disclosures in the Section 32 vendor statement, including:
Outgoings such as rates and Owners Corporation fees.
Planning and zoning restrictions.
Notices or orders affecting the property.
Building permits issued in the past seven years.
If these are missing, the purchaser may rescind under Section 32K. Asking the right questions at the start ensures we obtain the correct certificates and prepare a compliant Section 32.
Transfer of Land Act Considerations
The Transfer of Land Act 1958 (Vic) governs how property is transferred and registered. If the property is mortgaged, or if it is held through a trust or SMSF, extra steps must be completed before settlement. A conveyancer who doesn’t ask the right questions may find out too late that the property cannot be transferred on time — risking default.
Why Professionalism Matters
Clients may sometimes say: “But another firm gave me a figure straight away.” That may be true — but it doesn’t mean it’s right.
The difference is simple:
Some firms treat quoting as marketing, giving a figure to get you in the door and adding extras later.
We treat quoting as part of our professional duty. We ask the questions required to ensure compliance with the law and to protect your interests from the start.
A Reputation Built on Trust
For over 25 years, Victorian Property Settlements has built its reputation not on being the cheapest, but on being the most reliable. That reliability starts with asking the right questions and providing a cost disclosure that meets our statutory obligations.
It’s not optional. It’s the law. And it’s the reason so many buyers and sellers trust us with their property transactions.Case Studies
Sometimes the best way to explain why questions matter is through real stories. Below are a series of case studies that show what can happen when questions are skipped — and how things turn out differently when they’re asked.
Case Study 1: The Family Apartment with a $40,000 Surprise
Background:
A young family bought their first apartment in Melbourne’s inner north. Their conveyancer gave them a quick $770 quote without asking about the property type.
What went wrong:
The apartment was part of a large Owners Corporation. The vendor had received notice of a major repair levy for facade works, but this was not disclosed in the Section 32 because no Owners Corporation Certificate was ordered.
After settlement, the family was hit with a $40,000 special levy. They had no option but to pay.
The law:
Under Section 32 of the Sale of Land Act 1962 (Vic), outgoings and liabilities must be disclosed. The failure to obtain a certificate made the statement defective.
The difference when questions are asked:
At Victorian Property Settlements, we always ask whether a property is part of an Owners Corporation. If so, we order the correct certificate. That certificate would have revealed the levy, and the purchasers could have walked away before signing.
Case Study 2: The Renovated Garage That Cost $40,000
Background:
A purchaser bought a suburban home with a converted garage. The conveyancer quoted without asking about building works.
What went wrong:
After settlement, the council issued a building notice. The garage conversion had no permit. Rectification costs were estimated at $40,000.
The law:
The Building Act 1993 (Vic) requires owner-builders to provide warranties and insurance for works carried out within the last 10 years. Even non–owner-builder works must be properly permitted.
The difference when questions are asked:
We always ask whether there have been building works. If yes, we obtain the relevant permits and insurance details, or raise the risk with the client. That would have saved this purchaser from a nasty post-settlement shock.
Case Study 3: The Auction That Hid Land Tax
Background:
An investor bought a townhouse at auction. Their conveyancer had never asked whether the property was being purchased at auction or private sale.
What went wrong:
The contract contained a special condition making the purchaser responsible for land tax. Because it was an auction, the purchaser couldn’t negotiate. The unexpected adjustment cost them $8,000 at settlement.
The law:
Under current reforms, land tax is not generally adjustable in most residential transactions unless specific criteria are met. But unless challenged before signing, special conditions can override this.
The difference when questions are asked:
We always ask whether a property is going to auction. If so, we highlight any unfair conditions in the contract and warn clients of their effect. That gives them the chance to walk away before auction day if the terms are unreasonable.
Case Study 4: The SMSF That Almost Defaulted
Background:
A client bought a property through their SMSF. Their conveyancer never asked about the purchasing entity at the quoting stage.
What went wrong:
The conveyancer only discovered the SMSF structure halfway through. The lender required a bare trust deed to be set up before settlement, but there wasn’t enough time. The vendor issued a default notice, and the client was at risk of losing their deposit.
The law:
SMSF purchases involve strict compliance with ATO requirements and additional documentation. These must be prepared early.
The difference when questions are asked:
We always ask: Are you buying in your personal names or through an entity (SMSF, company, or trust)? That allows us to flag SMSF requirements early, avoiding last-minute crises.
Case Study 5: The Young Couple and the Finance Clause
Background:
A first-home buying couple used a firm that gave them a quick quote without asking about finance.
What went wrong:
The couple had a pre-approval, but their lender’s valuation came in lower than expected. Loan approval was delayed. Their contract contained a 14-day finance clause, which expired before the bank was ready.
They were technically in breach and nearly lost their deposit.
The law:
Finance clauses protect purchasers by allowing termination if approval isn’t granted within the agreed time. But the clause must be negotiated properly before signing.
The difference when questions are asked:
We always ask whether finance is required, and if so, what stage the approval is at. That way, we can ensure the finance clause matches the client’s circumstances and avoids unnecessary risk.
Case Study 6: The Vendor Who Lost Their Buyer
Background:
A vendor listed their property through a conveyancer who gave them a flat quote without asking questions.
What went wrong:
The conveyancer failed to order the correct certificates. The Section 32 was defective, and the purchaser rescinded under Section 32K of the Sale of Land Act 1962 (Vic).
The vendor lost their buyer, had to re-list, and eventually sold for $15,000 less in a slower market.
The difference when questions are asked:
We ask vendors about Owners Corporations, planning notices, and building works at the quoting stage. That ensures all certificates are ordered early and the Section 32 is watertight.
Lessons from the Case Studies
In every one of these scenarios, the loss — whether it was financial, emotional, or both — could have been avoided if the right questions had been asked before a quote was given.
Skipping questions may look like efficiency. In reality, it is negligence. Each question we ask at Victorian Property Settlements is linked to a statutory obligation, a financial risk, or a disclosure requirement. That’s why our clients are prepared, protected, and rarely surprised.Why Clients Ultimately Appreciate It
At the start of a transaction, questions can feel frustrating. Some clients even tell us: “Why can’t you just give me a number like the others?” It’s a fair reaction — in an age of instant answers, it feels counterintuitive to spend time answering questions before receiving a quote.
But time and again, those same clients come back later and say they’re glad we took the extra care.
One couple who bought at auction told us they were initially annoyed when we flagged unfair special conditions. They didn’t win the property, but months later they returned to say: “You saved us from making an $8,000 mistake.”
A vendor once complained about the number of questions we asked when preparing their Section 32. When their purchaser later tried to withdraw, the watertight statement we had prepared held firm. The sale proceeded without delay.
A first-home buyer told us that our upfront questioning about finance gave them breathing space. Without that conversation, their clause would have expired before approval was granted.
These are not isolated stories. They are the natural outcome of a careful, compliance-driven process. What feels like over-questioning at the beginning often becomes reassurance at the end.
Conclusion
Property transactions in Victoria are complex. They are governed by multiple Acts, require strict compliance, and involve some of the largest financial commitments people will ever make.
Some firms make quoting sound simple: a quick number, no questions asked. But as we have seen, those shortcuts can come at a heavy cost.
At Victorian Property Settlements, we take a different approach. We ask questions. We dig into the details. We prepare accurate quotes, based on facts, not assumptions. And we do it because:
It’s required by law — under Section 47 of the Conveyancers Act 2006 (Vic), we must provide clear and accurate disclosure of costs.
It’s our professional duty — under Sections 7 and 8, we must act honestly, fairly, and with care and diligence.
It’s in your best interest — because no client should be left with hidden levies, defective building works, or finance clauses that don’t protect them.
So yes, we ask questions. Sometimes a lot of them. But every question has a purpose, and every answer protects you.
After 25 years, we know that clients would rather invest a few extra minutes upfront than face months or years of financial pain later. That’s why we do it this way — and it’s why our clients trust us with their property settlements.
Victorian Property Settlements – Trusted for over 25 years by Victorian buyers and sellers. Visit: www.victorianpropertysettlements.com.au