📞 Request a Call Back
Selling Property in NSW: Legal Expertise for a Smooth Sale
Selling your home or investment property can be exciting — but without the right legal guidance, it can also be stressful. At Fred Kalouche & Associates, we ensure that your sale proceeds smoothly, legally, and with minimal disruption. Whether you’re upgrading, downsizing, or liquidating an asset, our property law team protects your interests from listing to settlement.
Prepare Early for a Stronger Sale
Before putting your property on the market, we recommend preparing your Contract for Sale early. This legal document must be ready before your property is advertised and includes critical information such as title details, zoning certificates, and any conditions of sale. Our lawyers handle the drafting, review, and customisation of your contract to reflect your goals and protect your rights.
Private Treaty vs Auction: Know Your Sale Options
In NSW, you can sell your property via:
• Private Treaty – Your real estate agent negotiates with buyers on your behalf. A 5-day cooling-off period usually applies, giving the buyer time to conduct inspections or withdraw. This can be waived with a signed Section 66W certificate from their solicitor.
• Auction – Buyers bid on your property at a set time and location. Once the hammer falls, the sale is immediate and binding, with no cooling-off period. Learn more about selling property by auction.
Your agent must provide a written guide outlining their commission and fees. We’re happy to review this before you sign. See more on real estate agent obligations.
Contract for Sale: A Legal Requirement Before Listing
NSW law requires you to prepare a Contract for Sale before advertising your property. It must comply with Vendor Disclosure Requirements and include the following:
For all property sales:
• Zoning Certificate (Section 10.7)
• Sewerage/Drainage Diagram (Sydney Water – Service location diagrams)
• Certificate of Title
• Details of any easements, restrictions, or covenants
For strata properties (units/apartments):
• Strata Plan & Common Property Certificate
• Any change of by-laws
• Strata manager’s details
• Sometimes, a Building Certificate (NSW Planning Portal)
Not sure what applies to your property? We’ll advise you.
Contract Terms, Fixtures & Inclusions
We review the contract to ensure the terms protect your interests. If there are fixtures you don’t want to include such as curtains, dishwashers, or fittings, these must be clearly excluded in the contract.
Learn what’s typically considered a fixture or fitting.
Exchange, Deposit & Settlement
After both parties sign the contract:
• Contracts are exchanged
• Buyer pays a 10% deposit, held in trust
• Settlement usually takes place 42 days later (or a timeframe agreed in the contract)
If you have an existing mortgage, we liaise with your lender to discharge it. Learn more about settlement day and property transfer.
Capital Gains Tax (CGT) and GST
If you’re selling:
• A rental or investment property, Capital Gains Tax (CGT) may apply
• Newly developed property or commercial real estate may attract GST
Learn more about CGT from the ATO and GST on property sales.
We’ll help you understand your tax obligations.
Special Arrangements: Early Access or Flexible Settlement
If the buyer wants to move in before settlement, we can draft a licence agreement and ensure you’re protected with an occupation fee and appropriate insurance requirements.
Want to adjust the settlement timeline? We’ll negotiate on your behalf.
Frequently Asked Questions About Selling Property in NSW
Do I need a Contract for Sale before listing my property?
Yes. Under NSW law, you must have a Contract for Sale prepared before you can legally advertise or market your property. This contract includes key documents such as title searches, zoning certificates, and any special terms of the sale. Our lawyers can prepare this for you to ensure full compliance and avoid delays.
What legal disclosures am I required to make when selling?
Sellers in NSW must disclose any material facts about the property, including easements, unapproved building work, zoning issues, or disputes. Failing to disclose can lead to the buyer withdrawing or seeking compensation. We ensure your disclosures are accurate and complete to protect you legally.
What happens after the contract is exchanged?
After both parties sign and exchange contracts, the sale becomes legally binding. A cooling-off period may apply (usually for buyers only), and the buyer typically pays a deposit (often 10%). From here, we coordinate with your bank, the buyer’s lawyer, and all parties to prepare for a smooth settlement.
How long does the settlement process take in NSW?
The standard settlement period in NSW is usually 42 days (6 weeks), but this can be negotiated. During this time, we’ll manage legal checks, coordinate with lenders, calculate rate adjustments, and ensure a seamless transfer of ownership on settlement day.
Fred Kalouche & Associates
Looking for a Reliable Dedicated Professional Results-Driven Partner?
Legal challenges can feel overwhelming, but you don’t have to face them by yourself. At Fred Kalouche & Associates, we listen carefully, understand your unique situation, and provide clear, compassionate, and confident guidance.
Your peace of mind is our priority. Let us support you as you take the next step forward.