Property Sales in Sydney
Property Sales is a significant legal matter that affects many individuals and families in Sydney. At GJA Law, we provide clear, practical advice and tailored services designed to protect your interests. Our approach combines local expertise, transparency in fees, and a commitment to simplifying complex legal processes.
What Is Property Sales?
Property sales refer to the legal transfer of ownership of real estate from a seller (vendor) to a buyer (purchaser). In New South Wales, this process is governed by statutory frameworks, contractual obligations, and procedural requirements that impose specific duties on vendors. These legal responsibilities can have lasting implications for your finances, family arrangements, or estate planning. At GJA Law, we explain the law in plain English, provide relatable examples, and ensure you fully understand your rights and obligations—removing uncertainty and empowering informed decision-making.
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Legal Framework for Property Sales
Property sales in NSW are primarily regulated by the Conveyancing Act 1919 (NSW), the Real Property Act 1900 (NSW), and various local government planning instruments. Vendors must comply with mandatory disclosure obligations before a property can be legally marketed. These include providing a Contract of Sale containing a current title search, a Section 149 planning (zoning) certificate, and relevant strata or building reports where applicable. Failure to meet these requirements can give buyers the right to terminate the contract—even after exchange—potentially derailing the sale and exposing the vendor to legal or financial risk.
Preparing a Property for Sale
Before listing your Sydney property, legal preparation is just as crucial as staging or repairs. This includes:
- Commissioning up-to-date title and planning searches
- Obtaining strata records (for units or townhouses)
- Resolving any outstanding council notices or compliance issues
- Deciding whether to sell with vacant possession or subject to an existing lease
Early engagement with a solicitor ensures your property is “sale-ready” from a legal standpoint, reducing delays and enhancing buyer confidence.
The Property Sale Process
A typical property sale in Sydney follows these key stages:
- Pre-Marketing: Your lawyer prepares a compliant Contract of Sale with all required disclosures.
- Offer and Negotiation: Once an offer is received, your solicitor reviews proposed terms and advises on risks or concessions.
- Exchange of Contracts: Both parties sign and exchange contracts—making the sale legally binding (with a 5-business-day cooling-off period for buyers unless waived).
- Pre-Settlement: Final adjustments for council rates, water charges, and strata levies are calculated; discharge of mortgage documents are arranged.
- Settlement: Conducted electronically via PEXA, funds are transferred, and ownership is officially transferred to the buyer.
Throughout this timeline, GJA Law manages communications, deadlines, and compliance—so you stay informed and in control.
Common Legal Issues
Sydney property sales can encounter several legal pitfalls, including:
- Title irregularities: Unregistered easements, boundary disputes, or old covenants that restrict use.
- Inaccurate disclosures: Outdated zoning certificates or missing strata reports that allow buyers to rescind.
- Tenancy complications: Failing to disclose existing leases or misrepresenting occupancy status.
- Off-the-plan sales: Unique risks for sellers of development sites or new builds, including sunset clause disputes.
Our proactive due diligence helps identify and resolve these issues before they jeopardize your sale.
Tax and Financial Considerations for Sellers
Selling property can trigger significant tax implications. Key considerations include:
- Capital Gains Tax (CGT): Most investment properties attract CGT, though your principal place of residence may be exempt (subject to ATO rules).
- GST: Applies to new residential premises or properties sold as part of a business (e.g., developers or frequent traders).
- Foreign Resident Capital Gains Withholding: If you’re a non-resident seller, buyers may be required to withhold 12.5% of the sale price unless a clearance certificate is obtained.
While we don’t provide tax advice, we work closely with your accountant or financial advisor to ensure legal documents align with your tax strategy and obligations.
selling a property in sydney: why legal advice matters
Selling property is often just as stressful as buying it. While you may feel the hard work is done once you find a buyer, there are still many legal and financial steps that can expose you to risk if they are not handled carefully. From preparing the contract of sale to managing negotiations and settlement, having an experienced solicitor ensures your rights are protected and the sale process runs smoothly.
At GJA Law, our team assists vendors across Sydney with property sales of all types, whether you are selling a freestanding home, a strata unit, a townhouse, or vacant land. We also regularly advise clients selling commercial premises, development sites, and investment properties. Each type of sale involves unique legal considerations, and our role is to make sure you are fully protected at every stage.
drafting and reviewing the contract of sale
One of the key obligations of a vendor is to provide a properly drafted contract of sale before a property can even be marketed. This contract must include prescribed documents, such as:
- Title searches
- Zoning certificates
- Disclosure statements
If any of these are missing or inaccurate, the buyer may be able to withdraw from the transaction without penalty.
Our solicitors carefully prepare and review contracts to ensure compliance with NSW law and to avoid future disputes. We also help you include special conditions where necessary — for example:
- Extended settlement periods
- Tenancy arrangements
- Clauses that protect your interests if unexpected issues arise
protecting your interests during negotiation
When offers are made, sellers can sometimes feel pressured to accept terms that are not in their best interests. Real estate agents and buyers may push for concessions that leave you exposed.
At GJA Law, we act as your independent advisor, reviewing proposed amendments, negotiating favourable conditions, and ensuring you understand the implications of every decision.
We also monitor key dates such as exchange, cooling-off periods, and settlement deadlines, so you remain in control throughout the process.
Our Services
GJA Law assists Sydney clients with a wide range of property sales matters, including:
- Reviewing and drafting contracts or agreements
- Advising on legal rights and obligations
- Negotiating terms or resolving disputes
- Working with agents, financial advisors, or other professionals where necessary
- Managing the process through to completion with accuracy and efficiency
Why Choose GJA Law?
- Clear, practical advice tailored to your situation
- Fixed-fee certainty for common matters and transparent time-costed support for complex issues
- Decades of experience across property, estate planning, and family law
- Early adopters of technology to streamline processes and reduce errors
- A client-focused approach that prioritises your goals and peace of mind
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Contact Us
If you are dealing with property sales in Sydney, contact GJA Law today. Our experienced lawyers will guide you through the process with confidence and provide the support you need.
Common Property Sales FAQs
The most critical step is having your lawyer prepare a legally compliant Contract of Sale before you list. This contract must include all mandatory vendor disclosures, such as a current title search, a Section 149 planning certificate from your local council, and any required strata or building reports. Ensuring your contract is complete and accurate from the outset prevents delays, builds buyer confidence, and significantly reduces the risk of a buyer legally rescinding the contract later.
The primary legal risks involve incomplete or inaccurate disclosures and title defects. If a required document is missing or incorrect, the buyer may have the right to terminate the contract, even after exchange. Hidden issues like unregistered easements, boundary disputes, or undisclosed tenancies can also lead to post-settlement claims. We protect you by conducting thorough due diligence upfront, preparing a bulletproof contract, and advising on your disclosure obligations to ensure full legal compliance.
Once you accept an offer, your solicitor reviews the buyer’s proposed terms. We then advise you on any risks and negotiate special conditions if needed. After terms are agreed, contracts are formally exchanged, making the sale legally binding. The buyer typically has a 5-business-day cooling-off period. Your lawyer then manages all pre-settlement tasks—coordinating with your bank, calculating rate adjustments, and preparing for the electronic settlement via PEXA, where ownership and funds are finally transferred.
While we recommend consulting your accountant for specific advice, key implications include Capital Gains Tax (CGT) on investment properties and potential GST obligations if you are selling a new residential premise or as part of a business. Critically, if you are a foreign resident for tax purposes, you must provide the buyer with a Foreign Investment Review Board (FIRB) clearance certificate to avoid a 12.5% withholding tax from the sale proceeds. We ensure your legal documents align with your tax position.
While convenient, an agent’s priority is to secure a sale. Their standard contract may not be tailored to your specific situation and could omit protective clauses or contain errors in the mandatory disclosures. Only a solicitor acting solely for you can ensure the contract is legally robust, fully discloses all required information, and includes terms that protect you from future liability. An independent legal review is non-negotiable for risk management.
We combine deep local expertise with a client-centric approach. Unlike high-volume conveyancing mills, we provide tailored, clear advice. Our integrated experience in related areas like estate planning means we consider how your sale fits into your broader financial picture. We leverage technology (like PEXA) for efficiency but never lose sight of the personalised guidance and peace of mind that is crucial during such a significant transaction.
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