Selling a Property

Conveyancing Services

What is involved when selling a property?

  • Preparation of Contract for sale including obtaining all necessary searches and certificates required to be annexed to the Contract for Sale;
  • Obtaining an ATO Clearance Certificate (if required);
  • Providing your real estate with a copy of the contract for sale so they can commence the marketing of your property;
  • Arranging for a discharge of your mortgage;
  • Ensuring sale proceeds are paid to your nominated account in accordance with your instructions.


inc GST & disbursements


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    FAQs when selling a property

    Do I need to appoint a Real Estate Agent?

    There are many advantages to appointing a real estate agent when selling your property. Real Estate Agents will often have purchasers looking to buy and they can assist with the professional marketing and presentation of your property i.e. arrange for professional photographers, access to, etc. They will also guide you as to best strategy for marketing of your property, i.e. private treaty or auction

    Who prepares a Contract for Sale?
    Your Conveyancer will prepare the Contract for Sale and provide it to your appointed Real Estate Agent so they can commence marketing the property.
    What documents are required in a Contract for Sale?
    There are several documents that are required to be included in your Contract for Sale. These documents include a full title search of the property, a drainage diagram from the Water Authority (i.e. Sydney Water) and a Section 10.7(2) Certificate from Council which sets out the zoning of the property.
    What documents do I need to include my property contains a pool/spa?

    If you have a swimming pool/spa that is being sold with your property you will need to have the pool registered with the NSW Swimming Pool Register and obtain a Certificate of Registration to be attached to the Contract for Sale. You will also need to provide either a Certificate of Compliance or Certificate of Non-Compliance to the Contract for Sale. For more information click on the link below to the swimming pools register.

    What about alterations or additions to the property that I have made?
    If you have made alterations or additions to the property, make sure you provide your Conveyancer with all the relevant details of what you have done. Provide your Conveyancer with as much information as possible and if you have any approvals from Council or stamped plans or Home Owners Warranty Insurance make those available. A detailed contract with as much information as possible will assist with the sale of your property.
    What else do I need to disclose?
    If you have made a structural alteration or addition to the property i.e. erected a carport or garage and no approval was obtained be sure to disclose this as this is part of Vendor’s Prescribed Warranties under Schedule 3 of the Conveyancing (Sale of Land) Regulation 2017.
    What happens when I get an offer?
    When you receive an offer that you are happy to accept it means that both parties have reached an ‘agreement” and the Contract for Sale can now been signed by all parties.
    When is a Contract dated?
    A contract is dated and exchanged (“swapped”) when you and the Purchaser have signed the Contract after reaching an agreement. The Contract will be in identical terms and will include the sale price, the length of the contract and any other special conditions that both parties agree to.
    When is the deposit paid?
    The deposit is paid on or before the Contracts are dated. If you are exchanging with a cooling off period it is the normal practice to pay 0.25% deposit of the purchase price and the balance of the deposit to be paid before the cooling off period expires.
    Can I pull out of the Contract before the cooling off period expires?
    A Vendor cannot pull out of the Contract before the cooling off period expires, only a purchaser has that right, it is not a reciprocal right. However, if the Purchaser cannot proceed and pulls out of the Contract you are entitled to the 0.25% deposit the Purchaser(s) have paid.
    How long is the cooling off period?
    Under legislation the Purchasers have the benefit of a 5 business day cooling off period. However, it is the common practice that this is extended to 10 business days, which allows the Purchasers more time to obtain formal loan approval and pre-purchase inspections. This cooling off period can be extended by way of mutual agreement.
    Do I need to get a Foreign Resident’s Capital Gains Withholding Clearance Certificate?

    If your property sells for more than $750,000.00 you will need to obtain this Certificate from the Australian Taxation Office and provide it to the Purchaser prior to completion.
    Click on the following link to for further information.—for-australian-residents/?page=1#When_to_use_the_form

    When is settlement?
    Settlement is when the Contract is completed by both parties. It is normally 6 weeks after the date of the contracts, however this can be negotiated to either a later settlement date or earlier settlement date between both parties. Any negotiations regarding the settlement date should be negotiated at the same time as negotiating the sale price.
    Do I attend settlement?
    Your attendance at settlement is not required. This is carried out by your Conveyancer.
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