Thinking of selling your property in NSW?
Before you place a single advertisement or list your home with an agent, you must have a Contract of Sale ready—it’s a legal requirement.
At Advanced Conveyancing & Developments, we prepare contracts quickly and accurately, protecting your interests from the very start.
What the Contract of Sale must include:
- Title documents
- Zoning certificates (Section 10.7 Certificates)
- Drainage diagrams
- Special conditions tailored to your property
Selling without a compliant contract can result in fines—and delays that cost you serious money.
Trust the experts at Advanced Conveyancing & Developments for fast, compliant contract preparation—and a smooth path to settlement.
Setting the Stage for a Smooth Sale
While the law makes a pre-prepared contract mandatory, having one ready to go is actually a major strategic advantage for anyone selling property in NSW. It’s the difference between a deal that happens in days and one that drags on for weeks. Having a solid contract of sale sitting on the kitchen bench during an open home sends a clear message to buyers: you’re serious, organised, and ready to move.
When to Engage a Conveyancer When Selling a House
We often get asked: “At what point do I actually need you?”
The answer is: the moment you decide to sell.
Ideally, you should engage a conveyancer before you even call the real estate agent. Why? Because, as mentioned, a selling agent cannot legally list your home on the internet or put a sign in the yard without that contract.
Plus, by starting early, we can identify potential red flags on your title—like an old uncertified pool fence or a shed built over an easement—before a buyer’s lawyer finds them. Fixing these early keeps you in the driver’s seat during negotiations.
Crafting the Agreement to Sell the Property
Every home is unique, and a standard contract doesn’t always cut it. This is where conveyancing for selling a house becomes a must. We will work with you to draft special conditions that protect your specific interests.
- Do you need a longer settlement because your new home isn’t ready?
- Do you want to take that antique chandelier with you when you leave?
- Are you selling the home “as is” regarding a specific repair?
We etch these details into the agreement from day one, preventing messy disputes or “he-said-she-said” arguments later on.
The Nuances of Selling a Tenanted Property in NSW
If your property is currently rented out, the process requires an extra layer of care. You have a right to sell, but your tenant has a right to “quiet enjoyment.”
For starters, you must provide the tenant with at least 14 days’ notice before the first inspection. Furthermore, if you are seeking “vacant possession” (meaning the tenant moves out so the buyer can move in), specific notice periods apply depending on whether the lease is fixed-term or periodic. Our team here at ACDNSW can help you navigate these timelines so your settlement isn’t delayed by a tenancy dispute.
Selling a House Privately in NSW
Some owners choose to skip the agent and try selling a house privately in NSW. While this can save you on commission, the legal obligations remain the same. You still need a legally compliant contract before you post that ad on social media or a private listing site. As your conveyancer for selling property, we’ll act as your legal backbone, ensuring that your private sale meets every regulatory requirement and that your deposit is held securely.
FAQs About Selling Property in NSW
Even with a clear roadmap, we know that unique questions often pop up as you prepare for your sale. Here are some of the most common enquiries we handle for our clients to keep their journey under control.
What are the standard inclusions in a NSW property sale?
Unless we specifically list them as “exclusions,” most fixed items are included in the sale. These typically cover light fittings, floor coverings, window treatments, and stove-tops. Interestingly, the 2026 edition of the NSW Contract for Sale has updated these standard inclusions to reflect modern homes—swapping “TV antennas” for “internet/TV receivers” and explicitly mentioning solar panels and batteries. We’ll walk through your home with you (virtually or literally) to ensure your favourite garden statue or heirloom chandelier is safely listed as an exclusion.
Do I have to include a swimming pool certificate in the contract?
Yes. If your property has a swimming pool or spa, NSW law requires you to attach either a valid certificate of compliance or a certificate of non-compliance to the contract of sale for a house. Selling without one is a significant risk; a buyer might have the right to rescind the contract within 14 days of exchange if this is missing. We’ll help you identify which certificate you need early on so there are no delays.
Can I sell my house if I still have an outstanding mortgage?
Absolutely. Most people selling property in NSW are doing so while still owing money to a bank. Our role as your conveyancer is to coordinate with your lender to discharge the mortgage. We ensure that on settlement day, the exact amount needed to clear your debt is paid directly to the bank, with the surplus coming to you.
How does the money actually move on settlement day?
We use PEXA, which is the secure national digital platform for property settlements. Gone are the days of bank cheques being couriered across town. On settlement day, PEXA facilitates a “digital handshake” where the buyer’s funds are disbursed, and the title is simultaneously transferred.
As the seller, this means your mortgage is paid off instantly, and the remaining proceeds are sent to your nominated account. While the transfer is immediate, your bank may take 1–3 business days to show the cleared funds in your balance.
What happens if the buyer wants to change the settlement date?
The standard NSW settlement period is 42 days, but life doesn’t always go to plan. If a buyer asks for an extension, you aren’t strictly obligated to agree. However, we can negotiate a “Notice to Complete” or an agreement where the buyer pays penalty interest for the delay. We handle these negotiations with a steady hand to ensure your next move isn’t compromised by the buyer’s timeline.
Do I need to disclose if a death occurred on the property?
NSW “material fact” laws are quite specific. Natural deaths generally do not require disclosure, but if a “material fact” (such as a violent crime that occurred on the property within the last five years or a significant health risk like loose-fill asbestos) exists, it must be disclosed. Failing to do so can lead to a sale falling through or even legal action post-settlement. If you’re unsure whether a piece of your property’s history needs to be shared, just ask us. We’ll give you a straight answer on what is legally required.
How long is a contract of sale valid for in NSW?
Strictly speaking, the contract doesn’t expire while the property is on the market. However, the documents attached to it—like the Section 10.7 Zoning Certificate—need to be current. If your property stays on the market for several months, some of these certificates may need to be updated to ensure the information is still accurate for the buyer. Once a buyer signs and contracts are exchanged, the contract is typically valid until the settlement date (usually 42 days later), unless both parties agree to an extension.
The ACDNSW Difference
The process of selling a house in NSW can feel like a whirlwind of inspections, negotiations, and legal jargon. Our mission is to be the calm at the centre of that storm. We use our decades of experience in conveyancing in NSW to ensure your paperwork is a fortress, protecting you from the “what-ifs” and ensuring that when you finally do find the right buyer, the path to settlement is clear and fast.
Thinking about putting your property on the market? Contact us today to get your contract of sale drafted correctly.