Buying or selling in NSW?
Here are clear answers to the questions we're asked most often.
As early as possible, ideally before you make an offer. If you're buying by private treaty, NSW law gives you a 5-business-day cooling-off period after exchange, but it's much safer to have the contract reviewed before you exchange rather than relying on that window.
That way, any issues with the title, zoning, or special conditions get picked up while you can still negotiate or walk away, not after you're already committed.
Yes, and we'd always recommend it. There's no cooling-off period for a property bought at auction. Once the hammer falls, you're bound with no right to change your mind.
The contract has to be prepared and available once the property is being marketed, so ask the agent for a copy as soon as you can and send it to us well before auction day.
For a residential property bought by private treaty, NSW law gives you a statutory 5-business-day cooling-off period after exchange. You can pull out during this time by giving written notice, but you'll forfeit 0.25% of the purchase price to the seller.
If you'd rather not have that safety net, for example to strengthen your position for finance or building and pest checks, we can issue a section 66W certificate before exchange, which waives it. It's worth thinking through carefully with us, since it removes your ability to change your mind.
No, they're two separate things. Contract review is our legal check of the terms, title, and any special conditions. A building and pest inspection is a physical inspection of the property, carried out by a licensed inspector and arranged separately.
We recommend organising one before you exchange, so you know about any structural or pest issues while you can still negotiate or reconsider.
Exchange is when both parties sign identical copies of the contract and swap them. This is the moment the sale becomes legally binding (subject to any cooling-off rights), and the deposit is usually paid.
Settlement is the final step, usually 30 to 90 days later, when the balance of the price is paid, title transfers into your name, and you get the keys. Think of exchange as "the deal is done" and settlement as "the deal is completed."
Yes. Each structure carries its own requirements. For example, an SMSF purchase generally needs a limited recourse borrowing arrangement and a custodian trust if you're borrowing, and your lender will have its own documentation requirements.
We recommend having the structure (trust deed, company, or SMSF) finalised, or well advanced, before exchange, since the buyer named on the contract needs to match the legal entity making the purchase.
Yes, and we're happy to walk you through it in plain English. Depending on your circumstances, you may be eligible for the First Home Owner Grant, stamp duty concessions or exemptions, or assistance under the First Home Buyer Assistance Scheme.
We'll check what you may be entitled to and handle the relevant paperwork as part of your contract review and conveyance.
Yes, we act for buyers purchasing property anywhere in New South Wales, regardless of where you currently live. Contract review, signing, and settlement can all be managed remotely, by phone, email, and electronic signing where available.
Before you list the property. Under section 52A of the Conveyancing Act 1919 (NSW), a property can't lawfully go on the market until a contract for sale has been prepared and made available.
Get in touch as soon as you've decided to sell so we can prepare the contract and gather the required certificates before your agent starts marketing.
No. NSW law requires a contract for sale to be prepared and available before a property is advertised or offered for sale.
Preparing it early also avoids delays once an interested buyer turns up, so you won't be scrambling to pull certificates together at the last minute.
It depends on the property, but a standard NSW contract typically includes a copy of the title, a section 10.7 (planning) certificate from the council, and a sewer service diagram.
Depending on the property, you may also need strata records, a swimming pool compliance certificate, smoke alarm compliance information, or home warranty insurance details for work done in the last six years. We'll confirm exactly what's needed for your property and arrange it for you.
It needs to be disclosed. An unapproved deck, shed, pool, or renovation doesn't necessarily stop a sale, but it does need to be addressed in the contract. That's usually done through a special condition, and sometimes by obtaining retrospective council approval or a building certificate first.
Not disclosing it can give the buyer grounds to rescind the contract or claim compensation after settlement, so it's worth raising with us early.
If there's a mortgage registered on the property, yes. It needs to be discharged before or at settlement so clear title can pass to the buyer.
We'll organise the discharge authority with your bank well ahead of settlement, so the paperwork and figures are ready on the day.
It's a withholding requirement on the sale of Australian real property. Since 1 January 2025, buyers must withhold 15% of the sale price and pay it to the ATO, unless the seller provides a valid clearance certificate confirming Australian tax residency.
It now applies to every sale regardless of price. The previous $750,000 threshold no longer exists, so every Australian-resident seller needs to apply for a clearance certificate to avoid the withholding, even if residency was never in question. We recommend applying early, as certificates can take some time to come through.
Yes. Selling with a tenant in place involves a few extra steps: the contract needs to disclose the tenancy and lease terms, the buyer needs to decide whether they're taking on the tenant or requiring vacant possession, and the tenant is entitled to the correct notice period depending on which applies.
We'll make sure the contract reflects the tenancy correctly and that all notice requirements are met.