Can a House Be Listed for Sale in NSW Before the Contract Is Ready?
No. In NSW the contract has to exist before the property is offered for sale. Here is what that covers, what has to be attached, and what it means for you as a seller.
Can a house be listed for sale in NSW before the contract is ready?
No. Under NSW rules a residential property cannot be offered for sale until a contract of sale has been prepared, and that goes further than most sellers expect. Advertising, a sign out the front, or even giving the address to an interested buyer can all count as offering the property for sale. The contract needs to be drawn up by a solicitor or licensed conveyancer, with the required documents attached, before any of that starts.
At a glance
- Can I list before the contract is ready? No. The contract has to be prepared first, and the draft must be available for inspection at the agent’s office.
- Who prepares it? An Australian legal practitioner or a licensed conveyancer, not the agent.
- What has to be attached? Title search, drainage diagram, planning certificate, easement and covenant documents, and the smoke alarm and loose-fill asbestos notice, plus pool paperwork where there is a pool.
- What if something is missing? The buyer may be able to rescind within 14 days of exchange.
What counts as offering a property for sale?
The rule is wider than putting the listing online. A property is treated as offered for sale when anyone indicates it is for sale or to be auctioned, invites an offer, or offers to sell it. In practice that includes:
- Advertising or promoting the property in a way that suggests it is for sale
- Putting up a For Sale sign
- Advertising a future auction
- Displaying it at the agent’s office or vehicle
- Showing the property or giving its address to a prospective buyer
That is why the contract comes first. Once any of those things happen, the contract needs to already be prepared.
What sellers are told
“Let’s get you listed and sort the contract later.”
“We’ll get the contract sorted once someone makes an offer.”
“It’s just a standard contract, we can fill it in at the end.”
What actually happens
The contract has to be prepared before the property is offered for sale. It is not paperwork you catch up on after an offer. Buyers and their conveyancers read the real contract, and any gap in it can slow or sink the sale.
What has to be attached to the contract?
Section 52A of the Conveyancing Act 1919 and Schedule 1 of the Conveyancing (Sale of Land) Regulation 2022 set out the documents. For most houses and units the list includes:
A property certificate (title search)
Shows who owns the land and what is registered against it.
A drainage diagram
Shows where the sewer and drainage run on the lot.
A planning certificate from the council
This is the section 10.7 certificate. Our guide to the section 10.7 planning certificate explains what it tells a buyer.
Easements, restrictions and covenants
Copies of the dealings for any easements, restrictions on the use of land or positive covenants that affect the lot.
The smoke alarm and loose-fill asbestos notice
This can be printed in the contract itself. Read more on smoke alarm requirements for sellers.
What about a swimming pool or spa?
If the property has a pool or spa, the contract also needs pool paperwork. That is one of three things: a valid certificate of compliance, the relevant occupation certificate together with evidence the pool is registered, or a valid certificate of non-compliance. Lots in a strata or community scheme with more than two lots, and off-the-plan contracts, are exempt. If you have a pool, get this sorted early, because certificates take time to arrange.
What happens if a required document is missing?
If a required document is not attached when the buyer signs, the buyer can rescind the contract within 14 days of exchange. That means a sale you thought was done can be undone, after you have already moved your own plans along. It is far cheaper to have everything attached before the property goes to market.
The contract must also carry the prescribed cooling-off notice. Sellers have no cooling-off period, but buyers of residential property usually have 5 business days after exchange, and there is none at auction. For contracts exchanged from 1 June 2026, the revised cooling-off notice has to be used, which is built into the 2026 edition of the NSW Contract for the Sale and Purchase of Land.
Who is allowed to prepare the contract?
The draft contract must be prepared by an Australian legal practitioner or a licensed conveyancer. It is not something the agent drafts. The agent holds a copy and makes it available for inspection at the agent’s office, and in a conjunction agency the listing agent holds it and the other agents must have access when they need it.
Agents also cannot take part in making or exchanging the contract once you have told them a solicitor or conveyancer is acting, unless you or your conveyancer give express authorisation first.
How to get your contract ready before you list
Engage your conveyancer before you sign a listing agreement
We can start ordering the title search, drainage diagram and planning certificate straight away.
Gather what only you have
Building approvals, certificates for any renovations, pool paperwork and details of any tenancy. Missing approvals are the most common thing that slows a seller down. See our guide to selling with unapproved building works.
Review the draft before it goes to the agent
Check the inclusions, exclusions and special conditions, so the buyer is reading what you actually intend to sell.
Then list
With the contract ready, an offer can move to exchange quickly. Our thinking of selling guide covers the steps around it.
Thinking of listing? Send us your details first and we will have your contract ready before the sign goes up.
The short version
A residential property in NSW cannot be offered for sale until the contract has been prepared by a solicitor or licensed conveyancer, with the required documents attached. Skipping that step risks a buyer rescinding within 14 days of exchange, and it slows every sale that follows. Get the contract done first, then list.
About to list?
Talk to Justin, Julie, Amanda or Nicole today. We will prepare your contract so you can go to market ready.
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