Selling your property?
Let us help you.
We’re home to lawyers and certified conveyancers, dedicated exclusively to helping people with property transactions. From contract drafting through to settlement – we make the process as easy as it can be.
Selling property in NSW can be complex and stressful, but we help make it a little easier.
Deciding to sell your home is one of the biggest property decisions you’ll ever make, but the right preparation and research will make the process as smooth as possible.
There are a number of decisions to make, including when to sell, which method works best for your property, which real estate agent to select to represent you, and the best way to prepare your property for sale.
How quickly you’ll need to proceed depends on your personal circumstances, especially whether you’ve already purchased your next home.
Our role as property lawyers and conveyancers is to help you complete the property transaction so you can receive the proceeds of the sale.
But the first step when selling your property in NSW is to have a contract of sale prepared. This is what we do for you.
Preparing the contract of sale
Once we have this information from you we’ll start the contract of sale. By law, there are certain certificates that must be included in the contract. To order these certificates, we’ll ask you to pay a deposit.
Once the certificates have been ordered, we’ll need 2-5 days to prepare the contract of sale. Once the contract is prepared, we’ll send it to your real estate agent.
Accepting an offer
Your real estate agent should have extensive knowledge of the local market and finely tuned negotiation skills. Using these sales techniques to find buyers for your property, your agent will communicate between you and a prospective buyer to agree on a price.
Once you accept an offer
When an offer has been accepted, or an auction has been successful, we send the contract to both you and to the buyer’s property lawyer or conveyancer for signing, and the property is taken off the market.
The buyer will then have to pay a deposit, normally 10% of the purchase price, although in some cases this can be negotiated. At an auction, a deposit is usually paid on the spot.
Cooling off period
Buyers are typically afforded what’s known as a cooling-off period. This fixed period of generally between five and ten working days, can be used by the buyer to complete any searches and inspections of the property and allows both parties time to confirm they are happy with the agreed sale price.
During the cooling off period the purchaser has the right to change their mind about purchasing the property and may withdraw from the purchase. If they do, they lose the deposit (0.25% of the purchase price) which you’ll receive as compensation.
The length of the cooling off period, its duration and penalties for terminating the agreement during the cooling-off period, are all dependent on the laws of NSW.
Once the cooling-off period has ended without objection from either party, the contract is declared “unconditional” (meaning locked-in) and the full settlement process begins.
Selling at auction
Properties sold at auction are normally unconditional and buyers are not entitled to a cooling-off period.
If there is a mortgage on your title, we will arrange for you to sign a discharge authority. We will liaise with your lender to ensure they attend settlement. If there is no mortgage on the title, you will need to arrange for your title deed to be provided to us in time for settlement.
Prior to settlement, the buyer will arrange to carry out a final inspection of the property. At this stage the should be completely empty with all rubbish removed, and the property left clean.
The buyer will insist that all bills are paid before settlement, so you’ll need to pay off any remaining debt before settlement.
The settlement period is when both parties complete the property transaction.
The standard settlement period is six weeks, although this can vary. If you’re still living in the home, this is when you’ll need to move your possessions into your new home.
On settlement day, the seller receives the money owed, the legal transfer of the property from seller to buyer is done, and the buyer is given the keys to the property.
Once settlement is complete, the agent will invoice you the amount due, with fees based on the final sale price. Check that any fees included in the invoice are as agreed in the contract.
6 Steps to selling a property
Whether you’re selling an investment property or family home, we’ll help you through the process of selling, from contract preparations to settlement. We’re here to help with all the steps of your property journey.
How we help
Drafting the contract
Every property sale needs a written contract. Before you can advertise your home for sale, or arrange an open-house inspection, we’ll need to draft the contract, so that nothing gets in the way of your sale.
Negotiating a good deal
Once a buyer has been found, they may want to negotiate on exactly what is and isn’t included. Is the bird bath included? We’ll work through these negotiations with you, so you are comfortable with what you’re selling.
Sorting the loan
If there is a mortgage on your title, we will arrange for you to sign a discharge authority and will liaise with your lender to ensure they attend settlement.
We’ll fast-track your matter
When buying or selling a property, you need the right team behind you. It’s emotional, and things often move quickly. We move fast because we never underestimate the importance of our role and it’s impact on your future.