Hiring a solicitor is one of the smartest things you can do when buying property. But many buyers walk into that first meeting without knowing what to ask — and end up paying for a review without fully understanding what they received.
These 12 questions will help you get real value from your solicitor, whether you're a first home buyer or an experienced investor.
1. Are there any encumbrances I should be concerned about?
Why you're asking:Encumbrances are legal interests that other parties have in your property — easements, mortgages, caveats, and restrictive covenants. They can limit what you do with the property and affect its value.
Good answer:The solicitor explains each encumbrance on the title, what it means in practice, and whether it's standard or unusual. Red flag answer:A vague “nothing to worry about” without explaining what's actually registered on the title.
2. Is the Section 32 complete and compliant?
Why you're asking: The Section 32 Vendor's Statement must contain specific information by law. An incomplete Section 32 gives you the right to rescind the contract under Section 27 of the Sale of Land Act.
Good answer: A systematic checklist review of all required elements with specific items flagged as missing or incomplete. Red flag answer:“Looks fine” without a detailed, item-by-item review.
3. Are there any restrictive covenants?
Why you're asking: Covenants can restrict everything from building materials to the number of dwellings on the property. If you plan to renovate, extend, or subdivide, a covenant could prevent it entirely.
Good answer: The solicitor identifies each covenant, explains what it restricts in plain language, and advises whether it can be removed or varied. Red flag answer:Dismissing covenants as “standard” without reading the specific terms.
4. What do the planning overlays mean for renovations?
Why you're asking:Heritage overlays, design and development overlays, environmental significance overlays — these all affect what council will approve. If you have renovation plans, you need to know whether they're realistic.
Good answer: Specific advice on what the overlays restrict and whether your plans are likely to receive council approval. Red flag answer:“You'll need to check with council” — while true, your solicitor should give you a preliminary assessment based on the planning scheme.
5. Is the OC certificate current and what does it show?
Why you're asking:For apartments and townhouses, the Owner's Corporation certificate reveals the financial health of the building. Read our detailed guide on Owner's Corporation fees for what to look for in the certificate.
Good answer: A breakdown of current fees, sinking fund balance, pending levies, insurance details, and any litigation. Red flag answer:“The fees are $X per quarter” — that only scratches the surface of what the certificate reveals.
6. Are there any pending special levies?
Why you're asking: A special levy that has been voted on before you settle could become your responsibility as the new owner. These can run into tens of thousands of dollars for major building works.
Good answer: The solicitor has reviewed the OC minutes and can definitively confirm whether any special levies are proposed, voted on, or planned. Red flag answer:“Not that I can see” — without having reviewed the meeting minutes.
7. What are the special conditions in the contract?
Why you're asking: Special conditions are the negotiated terms that sit outside the standard Contract of Sale. Subject-to-finance, building inspection clauses, and settlement date adjustments can either protect you or expose you to significant risk if they're missing.
Good answer:A clear explanation of each condition, what triggers it, and what happens if it isn't met. Red flag answer: Assuming you understand legal language and not explaining the practical implications.
8. What is the settlement period and can it be changed?
Why you're asking:The settlement period determines when you take ownership and pay the balance. If it's too short, your finance may not be ready. If it's too long, you may be paying rent and a mortgage simultaneously.
Good answer: Practical advice on a realistic timeline and whether the vendor is likely to agree to an adjustment. Red flag answer:“It's 60 days” with no context on flexibility or implications.
9. Are there any building permits I should know about?
Why you're asking: Unpermitted building work is one of the most common red flags in vendor's statements. If the vendor has done renovations without obtaining proper permits, you could inherit the liability — including council enforcement action or demolition orders.
Good answer: The solicitor cross-references disclosed permits with visible renovations and flags any discrepancies. Red flag answer:Only reading what's disclosed in the Section 32 without questioning whether it's complete.
10. What is the cooling-off situation?
Why you're asking: Whether you have a cooling-off period depends on how you're buying. Auction purchases have no cooling-off period. Private sales give you 3 business days — unless you waive it with a Section 31 certificate.
Good answer: The solicitor confirms whether cooling-off applies, explains the 0.2% penalty, and advises on timing your due diligence accordingly. Red flag answer: Assuming you already know your rights without explaining them clearly.
11. Are there any GST implications?
Why you're asking: Most residential property sales are GST-free, but new properties, commercial-residential conversions, and some subdivisions may attract GST. If GST applies, it changes your stamp duty calculation and total cost significantly.
Good answer: A definitive answer on whether GST is included in the purchase price or payable on top, and any margin scheme implications. Red flag answer:“Talk to your accountant” — your solicitor should be able to identify the GST position from the contract terms.
12. What are the total costs I should budget for?
Why you're asking:Your solicitor should give you a clear, itemised breakdown of all costs — their own fees, stamp duty, registration fees, adjustment of rates and levies, and any other disbursements.
Good answer: An itemised estimate covering legal fees, stamp duty, rate adjustments, and other settlement costs. For a broader overview, see our guide on the hidden costs of buying property in Victoria. Red flag answer: A single fee figure with no breakdown of what it includes.
Before your solicitor meeting
You'll get much more value from your solicitor if you go in prepared. Upload the Section 32 and Contract of Sale to Pre Contract Review first. The instant report highlights the specific issues in your documents, giving you targeted questions to raise with your solicitor rather than starting from scratch.
For a detailed understanding of the stamp duty you'll owe, review our stamp duty guide so you can verify your solicitor's cost estimates.