Selling a Property

Trusted Conveyancing Lawyers

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Selling a home or investment property involves more than finding a buyer. Vendors must prepare a compliant contract, disclose all required information, and manage legal obligations to ensure a smooth transaction. GJA Law’s experienced conveyancing team makes sure you’re protected at every stage of the process.

What Is Selling Property?

Selling property refers to the legal transfer of ownership from a vendor to a purchaser through a binding contract governed by statutory and common law. In Sydney, this process involves far more than signing paperwork—it requires accurate disclosure, adherence to planning regulations, and careful management of contractual terms. A misstep can result in delays, financial penalties, or even the collapse of the sale. At GJA Law, we demystify the process, explaining your rights and responsibilities in plain English so you can make informed decisions with confidence.

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    • I have engaged GJA for a number of different legal issues including my will, conveyancing and other property matters and was very happy with the personal service and attention to detail.

      Tanya


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    Legal Framework for Property Sales

    Property sales in New South Wales are primarily governed by the Conveyancing Act 1919 (NSW) and the Real Property Act 1900 (NSW). Under this framework, vendors must provide a Contract for Sale that includes mandatory documents before any marketing or exchange can occur. These include:

    • A current title search (showing ownership and encumbrances)
    • A Section 149 planning certificate from the local council
    • Drainage and sewerage diagrams
    • Strata records (for units or townhouses)

    Failure to include accurate or complete disclosures can give buyers the right to rescind the contract—even after exchange—and may expose you to claims for misrepresentation or damages. The law is strict, and compliance is non-negotiable.

    Role of a Property Lawyer When Selling in Sydney

    While real estate agents manage marketing and showings, only a qualified solicitor acts solely in your legal best interest. At GJA Law, your property lawyer:

    • Drafts a compliant Contract for Sale with all prescribed disclosures
    • Advises on special conditions (e.g., extended settlement, tenancy arrangements)
    • Reviews buyer-proposed amendments to protect your position
    • Monitors critical deadlines, including exchange, cooling-off, and settlement
    • Coordinates with banks, agents, and the buyer’s solicitor to ensure seamless completion

    We are your legal shield—ensuring you’re never left exposed to avoidable risk.

    Preparing Your Property for Sale: Legal Requirements

    Before your home hits the market, legal preparation is essential. In NSW, you cannot legally advertise a property without a completed Contract for Sale. This means all statutory documents must be ready on day one.

    We also help you clarify what stays and what goes. Fixtures—such as built-in kitchens, wardrobes, and lighting—are considered part of the property unless excluded. Fittings—like freestanding furniture or portable appliances—are not included unless specified. To prevent post-settlement disputes, we ensure these inclusions are clearly listed in the contract.

    If you’re selling with tenants, we advise on whether to offer “vacant possession” or sell “subject to lease,” each carrying different legal implications regarding notice periods and tenant rights.

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

    1. Preparing the Contract

    Before your property goes to market, we draft a Contract for Sale that includes:

    • Title search and plans
    • Zoning and planning certificates
    • Sewer diagrams and council approvals
    • Special conditions tailored to your property
      GJA Property Purchase Informati…

    2. Fixtures and Inclusion

    Clearly mark what stays and what goes. Built-in wardrobes and kitchens are fixtures, while loose furniture and appliances are fittings

    Difference between Fixtures and Fittings

    To avoid disputes, vendors should set this out clearly in the contract.

    3. Marketing and Auction Readiness

    If you plan to sell at auction, the contract must be finalised in advance. Auction success often depends on preparation—setting a reserve, ensuring compliance, and presenting your property well. Simple steps such as staging and professional photography can make a big difference


    Birdeye 20 tips to go to auction

    4. Managing Offers and Exchange

    Once a buyer is found, contracts are exchanged. Be aware:

    • Buyers may rely on the 5-day cooling-off period (unless waived by Section 66W).
    • Deposits (usually 10%) are paid on exchange and held in trust.
    • Settlement is typically 6 weeks but may be negotiated.

    5. Settlement

    On settlement day, the balance of the purchase price is paid, and ownership officially transfers. We liaise with the buyer’s solicitor, banks, and agents to ensure funds and documents are exchanged seamlessly.

    Common Legal Issues in Sydney Property Sales

    Several legal pitfalls can arise during a sale:

    • Incomplete or outdated disclosures: An expired planning certificate or missing easement can allow a buyer to terminate the contract.
    • Boundary or title disputes: Unregistered easements or survey errors may only surface during due diligence.
    • Strata complications: Special levies, building defects, or insurance gaps in strata schemes can delay settlement or reduce buyer confidence.
    • Off-the-plan or company title sales: These require extra scrutiny due to unique ownership structures and usage restrictions.

    Our proactive approach identifies and resolves these issues before they jeopardize your sale.

    Tax and Financial Considerations for Sellers

    While we don’t provide tax advice, we ensure your legal documentation aligns with potential tax obligations:

    • Capital Gains Tax (CGT): Most investment properties attract CGT. Your principal place of residence is usually exempt, but partial exemptions may apply if you’ve rented it out.
    • GST: Generally doesn’t apply to established residential sales, but may apply to new builds or properties sold as part of a business (e.g., developers).
    • Foreign Resident Withholding: If you’re a non-resident seller, buyers must withhold 12.5% of the sale price unless you obtain an ATO clearance certificate. We help coordinate this where needed.

    We work closely with your accountant to ensure legal and financial strategies are aligned.

    Common Mistakes Sellers Should Avoid

    Many Sydney vendors make preventable errors:

    • Listing without a contract: This breaches NSW law and can invalidate offers.
    • Assuming “standard” terms are safe: Every contract should be reviewed—especially for off-the-plan or complex properties.
    • Failing to disclose known defects: Material facts (e.g., water damage, illegal renovations) must be disclosed or risk post-settlement liability.
    • Overlooking post-settlement obligations: Forgetting to remove personal items or vacate on time can lead to penalty claims.
    • Relying solely on agents for legal advice: Agents represent the sale—not your legal interests.

    At GJA Law, we help you avoid these costly missteps through careful planning and clear communication.

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

      Rachel

    Why Choose GJA Law for Selling Property

    • Efficient, compliant contract preparation.
    • Auction and private treaty expertise.
    • Clear advice on your rights and obligations.
    • Local Neutral Bay focus with broader Sydney experience.

    Learn More About Property & Conveyancing

    Contact Us

    Selling your Sydney property is a major undertaking—and it deserves expert legal support. Don’t risk delays, disputes, or financial exposure due to incomplete paperwork or rushed decisions.

    Contact GJA Law today to speak with an experienced conveyancing solicitor. We’ll guide you through every legal step, protect your interests, and ensure your sale concludes smoothly and successfully. Because when it comes to selling your most valuable asset, peace of mind starts with the right legal partner.

    Common Selling a Property FAQs

    What are the mandatory documents I must provide before I can list my property for sale?

    In NSW, you must have a drafted Contract for Sale ready before you can legally market your property. This contract must include key prescribed documents: a current Title Search, a Section 149 Planning Certificate from your local council, and drainage diagrams. If you are selling a strata property, a full set of strata records is also mandatory. We compile and review all these documents for you, ensuring your listing is fully compliant from day one.

    What is the difference between selling by auction and private treaty, legally?

    The core legal difference is the cooling-off period. In a private treaty sale, the buyer typically has a 5-business-day cooling-off period after exchange, during which they can withdraw (with a small penalty). For an auction, the sale is unconditional upon the fall of the hammer—the buyer signs the contract on the spot and there is no cooling-off period. This makes having a flawless, pre-prepared contract absolutely critical for auction sales, a process we specialise in.

    What are my legal disclosure obligations as a seller?

    You have a legal duty to disclose all “material facts” that could affect a buyer’s decision. This includes providing all the mandatory documents in the contract accurately. You must also disclose known defects (like major structural issues or illegal building work) and, for strata properties, the financial and operational health of the scheme. Failure in these disclosures can give the buyer grounds to terminate the contract or make a claim against you after settlement.

    What happens on the day of settlement, and what is PEXA?

    Settlement day is when ownership and funds are finally transferred. This is now done electronically via PEXA (Property Exchange Australia). Your lawyer, the buyer’s lawyer, and both banks work within this secure online platform. We ensure your mortgage is discharged, adjust rates and taxes, and facilitate the transfer. Once all funds are cleared, the property is legally transferred to the buyer. We manage this entire process for you.

    I’m selling an investment property. What are the key tax and legal issues?

    Key considerations include potential Capital Gains Tax (CGT) liability and, if you are a foreign resident for tax purposes, providing an ATO Clearance Certificate to avoid a 12.5% withholding tax from the sale proceeds. From a legal standpoint, if the property is tenanted, you must decide whether to sell with vacant possession (requiring notice to tenants) or subject to the existing lease, which affects the contract terms. We advise on these clauses and ensure your contract reflects your decision.

    What are the most common and costly mistakes sellers make?

    Common mistakes include: listing without a compliant contract, which is illegal; using generic or incomplete contracts that lead to delays or rescission; failing to properly define inclusions/exclusions of fixtures and fittings, causing post-settlement disputes; and missing critical deadlines during the settlement process. Our role is to proactively manage these details, preventing these expensive errors.

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