Offer to Exchange
secure your purchase., move with confidence., step-by-step.
Your step-by-step guide on making your offer to purchase into a binding contract. This guide explains how to formalise your offer, what each party needs to do, and when the contract becomes binding.
We recommend a professional review of the vendor statement and contract before signing a contract.
Once you’ve decided to make an offer, it’s time to add (or check) your terms, sign and exchange correctly to avoid delays or disputes later.
Step 1 - Seller signs the Vendor Statement
The Vendor Statement (Section 32) must be signed by the vendor first. This document provides key details about the property, including ownership, title information, and any restrictions.
Step 2 - The Purchaser signs vendor statement (accepting receipt)
You’ll then sign to acknowledge receipt of the section 32 disclosure before signing the contract.

Add or check the offer terms before signing the contract
The agent might:
- ask for your offer terms and add them to the contract for you to check, OR
- provide you with a blank PDF and ask you to insert all your terms yourself.
What will be added to the contract?
- Purchaser/s full legal names
- Purchaser/s address
- Purchasers’ representative details.
If using Prepared our details are: Prepared Legal Services:
1300 018 099
information@prepared.com.au
Level 4, 459 Church Street, Richmond VIC 3121
- Purchase price
- Deposit amount and due date
- Settlement date
- Any purchaser conditions: such as subject to loan approval or building/pest inspections or changes to the seller-drafted contract.
IMPORTANT:
All terms and conditions must be added before you sign, if they are missing and a Vendor co-signs there won’t be an opportunity to re-negotiate.
Step 3 - Purchaser signs and dates the contract
If a cooling-off period applies, it begins from the date the purchaser signs. Purchasers can choose to shorten the time frame for the vendor to accept their offer if they wish to limit the vendors time to formalise the deal.

IMPORTANT:
You may withdraw an offer until contracts are exchanged.
Vendors may consider multiple offers and use your signed offer to leverage other offers. The Vendor is not required to provide you with an opportunity to improve your offer.
Step 4 - Vendor Considers and Signs
The vendor may receive multiple offers at once, and are entitled to consider all options before committing. Some agents may use one offer to leverage others, a normal part of negotiation. When the vendor is satisfied with the terms, the vendor must sign and date the contract to accept the offer. The contract only becomes binding once all parties have signed and the contracts are exchanged.

The Vendor signs to accept your offer and exchanges the contract by providing signed copies to all parties. The real estate agent usually assists with exchange in Victoria.
Step 5 - Exchange and Binding Agreement
Once signed and exchanged with all parties, the contract is officially binding. At this point, both parties are committed to the terms of the sale. In Victoria, the real estate agent usually assists with the exchange process, ensuring both parties receive signed copies of the contract.
Important to Remember
Purchasers may withdraw their offer until contracts are exchanged.
The cooling-off period (if applicable) begins once the purchaser signs.
The agreement is only binding after both parties have signed and exchanged contracts.
Make sure all agreed terms and conditions are included before you sign.
Final Tip
Formalising an offer doesn’t need to be stressful, it just needs to be done correctly. Make sure every detail is reviewed before you sign, and seek legal advice if you’re unsure about any terms or conditions.
4 Simple Steps to Get Started
We’re here to make the legal side of your property journey clear and stress-free, so you can focus on moving forward with confidence.
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Share a few details about your property and sale.
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We help you with what matters when you purchase a property and manage your conveyancing through to settlement.
Once you've signed, settle, and celebrate with nothing to pay until then.
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