Selling a property in New South Wales.
Your contract must be ready before the property is listed. We prepare it and act for you to settlement.
You have decided to sell.
Before the agent can advertise the property, the law requires a contract of sale to be prepared.
We prepare it, deal with the buyer's solicitor, and settle the sale.
The contract comes first
A residential property cannot be put on the market until the contract has been drawn up and made available.
It must be prepared by a solicitor or a licensed conveyancer.
It must attach:
- The title search, the registered plan and any recorded dealings, such as easements.
- The drainage diagram.
- The council zoning certificate (section 10.7).
- The statement of the buyer's cooling-off rights.
If there is a swimming pool or spa, a pool certificate must also be attached, unless an exception applies.
If a required document is missing, the buyer may be able to withdraw within 14 days of exchange.
We order the documents and prepare the contract so your agent can list without delay.
Before exchange
Each seller on the title needs an ATO clearance certificate, given to the buyer by settlement. Without it, the buyer must withhold 15% of the market value and pay it to the ATO. This applies to contracts signed on or after 1 January 2025, whatever the price. Apply at least 28 days before settlement.
Outstanding land tax should be cleared before the sale, as it can hold up settlement.
If you have a mortgage, your lender must be told so it can be paid out at settlement. We tell you when to contact your lender.
Exchange of contracts
Once contracts are exchanged, you are bound. A seller has no cooling-off period.
If the sale is by auction, give your agent your reserve price in writing before bidding starts.
From exchange to settlement
We deal with the buyer's solicitor, answer their requisitions, and prepare for settlement.
Settlement is done electronically, usually about 6 weeks after exchange, unless another date is agreed.
On settlement, your mortgage is paid out and the balance is paid to you.
Where sellers get caught
Listing before the contract is ready
The property cannot be put on the market until the contract has been drawn up and made available.
A missing document in the contract
If a required document is missing, the buyer may be able to withdraw within 14 days of exchange. A sale can be lost this way.
No pool certificate
If there is a pool or spa, the right certificate must be attached to the contract, unless an exception applies.
No ATO clearance certificate
Without it, the buyer must withhold 15% of the market value at settlement, even if you live in Australia.
Land tax left unpaid
The seller must give the buyer a current land tax clearance certificate at least 14 days before settlement. Unpaid land tax must be dealt with at settlement.
Changing your mind after exchange
A seller has no cooling-off period. Once contracts are exchanged, you are bound.
Common questions
When should I call a solicitor?
Before you sign with the agent. The contract must be ready before the property is listed.
Does a seller have a cooling-off period?
No. Once contracts are exchanged, the seller is bound.
How long does a sale take to settle?
Usually about 6 weeks after exchange, unless another date is agreed.
What if the buyer does not settle on time?
The contract sets out what happens. We advise you on your rights and act on them.
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