Buying a Property

Expert Conveyancing Lawyers

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Buying a home or investment property in Sydney is more than just a major life milestone—it’s one of the most significant financial decisions you’ll ever make. While the allure of Sydney’s vibrant neighbourhoods and strong property market is undeniable, the legal complexities of a real estate transaction can quickly overwhelm even the savviest buyers. From reviewing dense contracts to navigating settlement logistics, every step carries legal implications that demand careful attention.

At GJA Law, our team of expert Sydney conveyancing lawyers provides tailored, end-to-end legal support to homebuyers and investors alike. With over 30 years of experience in New South Wales property law, we guide you from your initial offer through to collecting the keys—protecting your interests at every stage.

Legal Framework for Buying Property in NSW

Property transactions in New South Wales are governed by a strict legal framework, primarily under the Conveyancing Act 1919 (NSW) and the Real Property Act 1900 (NSW). Contracts for the sale of land must comply with standard disclosure requirements and are generally binding once exchanged. This means that errors, omissions, or misunderstandings—however minor—can result in costly delays, disputes, or even financial loss.

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    Unlike some other jurisdictions, NSW does not mandate legal representation during property purchases. However, the absence of professional legal guidance significantly increases your risk exposure. An experienced conveyancing lawyer doesn’t just “tick boxes”—they proactively identify red flags, negotiate favourable terms, and ensure compliance with all statutory obligations.

    • Fantastic service. Always honest and clear in the advice being given. I have recommended others to GJA and will continue to do so.

      Rachel


    Read More Testimonials from our Clients!

    Why Legal Support Matters When Buying Property

    Property purchases in New South Wales are governed by strict legal requirements. Contracts are binding, deadlines are inflexible, and even small oversights can lead to costly outcomes. With an experienced conveyancing team on your side, you’ll have peace of mind knowing that every detail, from the contract review to settlement, is being managed carefully and strategically.

    Role of a Property Lawyer When Buying in Sydney

    A conveyancing lawyer’s role extends far beyond paperwork. From the outset, they:

    • Advise on contract terms and vendor disclosures
    • Conduct or supervise essential legal searches (title, zoning, easements)
    • Clarify inclusions and exclusions (fixtures vs. fittings)
    • Liaise with banks, agents, and other parties
    • Manage timelines to meet critical deadlines (e.g., cooling-off periods, settlement)
    • Resolve disputes or issues that arise pre-settlement

    Without this expertise, buyers may unknowingly agree to problematic conditions—such as undisclosed easements, illegal building work, or restrictive covenants—that can affect both livability and resale value.

    Types of Property Purchases We Assist With

    At GJA Law, we support clients across all property types, including:

    • Residential homes (houses, townhouses, apartments)
    • Off-the-plan purchases (requiring careful review of developer contracts)
    • Investment properties (with focus on tax implications and tenant rights)
    • Strata-titled units (involving by-laws, levies, and building reports)
    • Auction purchases (where preparation is non-negotiable)

    Our deep familiarity with Sydney’s diverse suburbs—from Neutral Bay to Parramatta—means we understand local council regulations, zoning nuances, and market-specific risks.

    Step-by-Step Process for Buying a Property in NSW

    1. Finding and Negotiating

    Once you’ve found the right property, the first step is to reach an agreement on price with the vendor through the agent. Consider recent comparable sales, parking or access issues, noise, and the property’s orientation.

    GJA Property Purchase Information.

    These factors influence value and future resale potential.

    2. Contract Review

    In NSW, contracts for sale of land are standardised but often include special conditions. Typical inclusions are:

    • Title search and deposited/strata plans
    • Zoning certificates from council
    • Sewer drainage diagrams
    • Special conditions from the vendor’s solicitor
      GJA Property Purchase Information  – Link to PDF

    Your lawyer reviews each annexure to confirm there are no hidden surprises—such as easements, restrictions, or compliance issues.

    3. Finance and Inspections

    Building and pest reports, or strata inspections for units, are critical to avoid unpleasant surprises. At the same time, you’ll want written confirmation of finance, since lenders may impose loan-to-value ratios or require mortgage insurance.

    GJA Property Purchase Information – Link to PDF

    4. Cooling-Off Periods

    Most contracts allow a 5-business-day cooling-off period, except at auction. This gives you time to change your mind, though you’ll forfeit 0.25% of the purchase price. Vendors can also request a Section 66W certificate, waiving your right to cool off.

    GJA Property Purchase Information – Link to PDF

    5. Buying at Auction

    Buying at auction is legally binding with no cooling-off period. To succeed, preparation is key:

    • Engage the right agent and set a realistic limit
    • Ensure finance and inspections are completed beforehand
    • Consider staging a bid strategy and be ready to act quickly

    Birdeye 20 tips to go to auction – Link to PDF

    6. Settlement

    Settlement usually occurs six weeks after contracts exchange, though longer periods may be negotiated. At this stage, funds are transferred, the title is updated, and you officially become the registered owner.

    Legal Searches and Due Diligence for Buyers

    Due diligence isn’t optional—it’s essential. Key searches include:

    • Title search: Confirms ownership and reveals encumbrances
    • Planning certificate (Section 149): Details zoning, heritage status, and development restrictions
    • Drainage plan: Shows sewer lines—critical if you plan renovations
    • Strata records (for units): Levies, insurance, meeting minutes, and maintenance plans

    Skipping these steps can lead to discovering—too late—that your “renovation-ready” terrace is heritage-listed or that the strata scheme is underfunded.

    Common Mistakes Buyers Should Avoid

    • Exchanging contracts before finance approval → Risk losing your deposit
    • Assuming “fixtures” include all appliances → Always verify inclusions in writing
    • Ignoring strata reports → Hidden special levies can cost thousands
    • Falling for gazumping → Your accepted offer isn’t binding until contracts are exchanged
    • Waiving the cooling-off period prematurely → Only do so with full legal advice

    One client at GJA Law avoided a $50,000 mistake when we discovered unapproved balcony work during due diligence—saving them from future council enforcement action.

    • I am very happy with the Services of Grahame Jackson and Associates. They truly care for you personally. They serve the clients’ best interests.

      Rosaline

    Fixtures, Fittings and Inclusions

    A common source of buyer confusion is what actually stays with the property. Think of it this way: tip the house upside down—whatever falls out is not a fixtureDifference between Fixtures and Fittings – Link to PDF

    • Fixtures: Built-in wardrobes, kitchens, light fittings, heating systems.
    • Fittings/Chattels: Curtains, rugs, free-standing appliances.

    To avoid disputes, all inclusions and exclusions should be listed in the contract.

    Learn More About Property Purchase

    Why Choose GJA Law for Buying Property

    • Over 30 years of conveyancing experience in Sydney and NSW.
    • Personal guidance from contract review to settlement.
    • Transparent fees with no hidden extras.
    • Local knowledge of Neutral Bay and surrounding suburbs.

    We believe buying property should be exciting—not stressful. Let our expert conveyancing lawyers handle the legal complexities while you focus on choosing paint colours or planning your housewarming party.

    Common Buying a Property FAQs

    When is the right time to engage a lawyer in the buying process?

    You should engage us as soon as you are seriously considering a property, and absolutely before you sign a contract or bid at auction. Early engagement allows us to review the draft contract, advise on risks, and ensure all your due diligence is in order. This is especially critical for auctions, where the sale is unconditional and there is no cooling-off period to fall back on.

    What exactly do you review in the contract, and what are you looking for?

    We conduct a comprehensive review of the entire Contract for Sale, focusing on the vendor’s mandatory disclosures and any special conditions. Key items include verifying the Title Search for encumbrances, analysing the Section 149 Planning Certificate for zoning restrictions, checking for easements that limit land use, and scrutinising strata reports (for units) for financial health and major works. Our goal is to uncover any clause or defect that could affect your use, value, or future sale.

    What is the cooling-off period, and should I ever waive it?

    In NSW, a standard contract includes a 5-business-day cooling-off period after exchange. During this time, you can withdraw from the contract by forfeiting 0.25% of the purchase price. You should only consider waiving this right (by signing a Section 66W certificate) if you have completed all your due diligence—including final finance approval, building/pest inspections, and strata reports—before exchange. We will advise you on the significant risks of waiving it prematurely.

    What are the key differences between buying at auction and by private treaty?

    The main legal difference is the cooling-off period. A private treaty sale includes one, giving you a short window to finalise checks. An auction purchase is unconditional upon the fall of the hammer; there is no cooling-off right. This means you must have your finance pre-approved and all inspections completed before auction day. The contract is also fixed at auction—you cannot negotiate terms after winning the bid.

    What critical searches and reports are non-negotiable?

    Essential due diligence includes: a Building and Pest Inspection (for houses) to identify structural or infestation issues; a Strata Inspection Report (for units) detailing levies, by-laws, and building finances; and the legal searches we conduct, like the Title Search and Planning Certificate. Skipping these can lead to discovering costly problems after you become the legal owner.

    What are the most common and costly mistakes you help buyers avoid?

    We frequently help clients avoid: exchanging contracts before formal finance approval (risking their deposit), overlooking special levies in strata reports, misunderstanding what is included as a “fixture,” and failing to identify illegal building work that they could become liable for. Our proactive review is designed to catch these issues before they become your financial burden.

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