How to Sell Property Under Power of Attorney in Victoria

You Can't Just Show Up With an EPA

Selling property using an enduring power of attorney (EPA) in Victoria involves more administrative steps than most families expect. An EPA that's perfectly valid for banking and everyday financial management needs additional registration and compliance steps before it can be used for real estate transactions.

The most common scenario: an ageing parent has lost capacity, their home needs to be sold to fund aged care accommodation, and the adult child holding the EPA assumes they can simply instruct the estate agent and sign the contract. In reality, there's a multi-step compliance chain involving Land Use Victoria, ARNECC identity verification, PEXA settlement, and potentially a conflict-of-interest assessment under Section 64 of the Powers of Attorney Act 2014 (Vic).

Step 1: Register the EPA With Land Use Victoria

An EPA does not need to be registered with Land Use Victoria (LUV) when it's first signed. Many families never register it, because registration is only required when the attorney actually needs to transact in real property.

But before any property sale can proceed, the EPA must be registered on the title with LUV. The process involves lodging a formal notice — typically a "Record" document under Section 104 of the Transfer of Land Act 1958 — through the PEXA electronic lodgment system.

The current registration fee is approximately $204 per donor (the principal). This fee is per registration, not per transaction, so once the EPA is registered on a title, it stays registered for future dealings with that property.

Registration adds the attorney's authority to the certificate of title, which allows the attorney to sign transfer documents and settlement instructions on the principal's behalf.

Step 2: ARNECC Client Verification of Identity

Before a conveyancer or solicitor can act on a PEXA transaction, they must verify the identity of every party signing — including the attorney acting under an EPA. This is a mandatory requirement under the Australian Registrars' National Electronic Conveyancing Council (ARNECC) Model Participation Rules.

The verification of identity (VOI) process for an attorney requires:

• Category 1 identity document — Australian passport, or an overseas passport with an Australian visa
• Category 2 identity document — Australian driver's licence, photo ID card, or other government-issued photo ID
• The attorney must present these documents in person to the conveyancer or solicitor, who verifies them against the originals

The VOI is done for the attorney (the person signing), not the principal. If there are multiple attorneys acting jointly, each one needs to complete the VOI process.

This is separate from the 100-point identity check that banks conduct — it's a property-specific requirement for electronic conveyancing.

Step 3: Address the Section 64 Conflict Transaction Rule

This is where property sales under an EPA can get complicated. Under Section 64 of the Powers of Attorney Act 2014 (Vic), an attorney is prohibited from entering into "conflict transactions" — transactions where the attorney has a personal interest that conflicts with the principal's interests.

A property sale can become a conflict transaction in several common scenarios:

• The attorney is a beneficiary of the principal's estate — selling the family home could affect the value of the estate they'll eventually inherit
• The attorney or their spouse is the buyer — purchasing the principal's property from themselves as attorney is an obvious conflict
• The sale funds a financial arrangement that benefits the attorney — for example, if the sale proceeds are used to pay off a debt the attorney owes

The EPA itself may authorise specific conflict transactions by including an express provision permitting them. If the EPA doesn't contain such authorisation, the attorney must either:

• Obtain VCAT's approval for the transaction, or
• Ensure the transaction clearly benefits the principal and doesn't disadvantage them

A conveyancer or practitioner handling the settlement will typically require a written declaration from the attorney (or their solicitor) confirming that the sale is not a conflict transaction under Section 64, or that the EPA expressly authorises it. This declaration forms part of the PEXA lodgment documentation.

Step 4: Settle Through PEXA

Victoria uses the PEXA electronic settlement platform for property transactions. The attorney's authority to sign PEXA documents comes from:

1. The registered EPA on the certificate of title (Step 1)
2. The completed ARNECC identity verification (Step 2)
3. The conflict transaction clearance (Step 3)

The attorney (or their authorised representative — typically a conveyancer or solicitor) signs the PEXA workspace documents on behalf of the principal. The signature block identifies the signatory as "Attorney for [principal's name] under Enduring Power of Attorney."

Settlement proceeds are distributed according to the contract — the attorney receives the funds on behalf of the principal and is bound to manage them in accordance with the principal's interests and any conditions in the EPA.

Common Problems That Delay Property Sales

Unregistered EPA: The most frequent issue. If the EPA isn't registered with Land Use Victoria before the contract is signed, settlement can't proceed. Registration can take several business days, so start early.

Outdated or interstate EPA: A property sale in Victoria must be supported by an EPA that complies with Victorian legislation. An EPA prepared under another state's laws may not be recognised by Land Use Victoria.

Missing Statement of Acceptance: The attorney's Statement of Acceptance under the EPA must be completed for the appointment to be operative. If it's missing, the conveyancer may flag the transaction as potentially invalid.

"Jointly only" attorneys: If the EPA appoints attorneys to act jointly, both (or all) must sign every PEXA document. This creates a coordination challenge — if one attorney is travelling or unwell, the transaction stalls. "Jointly and severally" or "severally" appointments avoid this bottleneck.

No conflict declaration: If the conveyancer can't verify that the sale isn't a conflict transaction, they may refuse to proceed until Section 64 compliance is confirmed.

Practical Steps to Avoid Delays

If a property sale is likely in the future — particularly if an ageing parent may need aged care funding — take these steps now:

1. Register the EPA with Land Use Victoria proactively, before a sale is imminent
2. Review the EPA's conflict transaction provisions — does it authorise potential conflicts? If not, and the attorney is a likely beneficiary, get legal advice on whether a VCAT application is needed
3. Engage a conveyancer or solicitor experienced in EPA transactions — they'll know the ARNECC requirements and can coordinate the PEXA workspace properly
4. Ensure the Statement of Acceptance is signed and filed with the EPA documentation

The Victoria Power of Attorney Kit includes a property transaction checklist covering Land Use Victoria registration, ARNECC identity verification, Section 64 conflict assessment, and PEXA settlement — so that when a sale is needed, the compliance chain is already understood and partially completed.

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