In NSW a contract for the sale of residential property must be prepared before the property is marketed, with prescribed documents attached such as the title search, the section 10.7 planning certificate and, where available, the sewer diagram. Seller conveyancing covers preparing that contract, dealing with the buyer's representative, your ATO clearance certificate, discharging your mortgage and completing settlement electronically. Contact us when you choose an agent, before the listing goes live.
Before the property is advertised.
For residential property, the agent must have a copy of the proposed contract, with the documents the law requires, available for inspection when the property is offered for sale, so the contract has to be ready before marketing starts.
It covers preparing the contract for sale, negotiating changes the buyer asks for, managing exchange and completing settlement.
Along the way we obtain the payout figure from your lender, check the adjustments for rates and levies, and coordinate the electronic settlement with the buyer's representative and your lender.
The contract you sign sets the timetable, and the standard NSW contract makes the completion date the 42nd day after the contract date unless you agree on another date.
Before that, the contract must be ready before marketing, and an ATO clearance certificate can take up to 28 days to issue, so it is worth applying as soon as you decide to sell.
We quote in writing once we know the property type and whether it is strata, has a pool or is tenanted.
The quote separates our professional fees from the disbursements needed to prepare the contract, such as the title search, plan, drainage diagram and planning certificate, so you can see each cost before we order anything.
| Scenario | Best option | Typical timing | Next step |
|---|---|---|---|
| Selling a house through an agent | Contract for sale prepared with the prescribed documents before listing | Contract ready before marketing; completion date set in the contract | Send the agency details and your lender's name |
| Selling a lot in a strata scheme (most units and many townhouses) | Contract with the lot and common property certificates, strata plan and by-laws attached | Strata documents ordered before the listing | Send the lot number and the strata managing agent's contact |
| Selling a tenanted investment property | Contract that states whether the buyer takes the tenancy or vacant possession | Notice to the tenant depends on the reason and the lease | Send the lease and the managing agent's details |
Published by Baulkham Hills Conveyancing, a licensed NSW solicitor practice. Last updated 4 October 2026. General information only; contact us for advice about your matter.
The Conveyancing (Sale of Land) Regulation 2022 lists the documents a seller must attach. If a prescribed document is missing, the buyer may rescind by written notice during the 14 days after the contract is made, so we check the attachments before the contract goes to your agent.
Sources: Conveyancing (Sale of Land) Regulation 2022; Steps to selling a property; Swimming pool register: information; Loose-fill asbestos insulation laws; Conveyancing Act 1919 (NSW), section 66X: Contract to contain statement regarding cooling off period; Guidance for practitioners
For contracts from 1 January 2025, foreign resident capital gains withholding applies to property of any value at a rate of 15%. An Australian-resident seller must give the buyer an ATO clearance certificate at or before settlement; otherwise the buyer must withhold 15% of the price and pay it to the ATO.
The application is free and made online, each seller needs their own certificate, a certificate is valid for 12 months, and processing can take up to 28 days, so the ATO recommends applying as soon as you decide to sell.
Every seller of residential premises or potential residential land must also tell the buyer in writing, before settlement, whether GST withholding applies (the standard contract includes this notice). Withholding itself applies only to taxable sales of new residential premises or potential residential land. Land tax is another check: unpaid land tax is a charge on the land, and Revenue NSW says a seller should provide a current land tax clearance certificate at least 14 days before settlement.
Sources: Foreign resident capital gains withholding overview; Australian residents and clearance certificates; GST at settlement: a guide for purchasers and their representatives; GST at settlement: a guide for suppliers and their representatives; Understand land tax clearance
Sources: Exchanging contracts and settlement; How do I discharge a mortgage?
When you sign a residential sales agency agreement, you have a cooling-off period that ends at 5pm on the next business day or Saturday after signing, and the agent must give you the approved agency agreement guide before you sign. We can explain the commission and expenses terms before you commit to them.
If the property is tenanted, a NSW landlord now needs a prescribed reason to end a residential tenancy. After exchanging a contract that requires vacant possession, the tenant must be given at least 30 days' notice with supporting documents such as a partial copy of the contract; ending a tenancy to prepare the property for sale needs 60 or 90 days' notice, depending on the lease, with supporting documents such as the agency agreement. Under a fixed-term lease, neither notice can end the tenancy before the fixed term ends, so the contract's completion date and vacant possession terms need to allow for the lease.
If you are buying another home at the same time, we look at both contracts together so the completion dates, deposit and finance arrangements line up as closely as the two contracts allow.
Sources: Agency agreements for the sale of property in NSW; Ending a tenancy as a landlord
No. In NSW, before residential property is offered for sale, the agent must have the proposed contract, with the documents the law requires, available for inspection. Starting early also leaves time to resolve title issues, missing approvals or pool compliance before buyers see them.
Usually, yes. A seller of property with a swimming or spa pool must attach a certificate of compliance, an occupation certificate issued in the past 3 years with evidence of pool registration, or a certificate of non-compliance. Lots in strata or community schemes with more than two lots are excluded.
The stakeholder named in the contract, usually the selling agent or the seller's solicitor or licensed conveyancer, holds the deposit in a trust or controlled money account. It can be released to you before settlement, for example to put towards your next purchase, only if the buyer agrees in writing, usually through a special condition in the contract.
The buyer must withhold 15% of the purchase price at settlement and pay it to the ATO. Because processing can take up to 28 days and each seller needs a separate certificate, apply as soon as you decide to sell.
We obtain the payout figure from your lender and you sign the lender's discharge authority. At settlement the loan is repaid from the sale proceeds, and the lender lodges the discharge of mortgage electronically so it is removed from the title.
Council and water rates, and for a strata lot the owners corporation levies, are apportioned between seller and buyer to the settlement date, along with any other outgoings the contract says are adjusted. If you have paid them beyond settlement, the buyer reimburses that share in the settlement figures; if an amount is unpaid, it is allowed for in the buyer's favour.
Ready to start? Send us the contract or property details: call (02) 9000 1408, email info@baulkhamhillsconveyancing.com.au or request a quote online.