Property & Conveyancing in NSW
Selling a property in NSW
A sale can fall over before it starts if the contract isn’t right or something hasn’t been disclosed. We prepare the contract for sale properly, keep you on the right side of your obligations, and run everything through to settlement so the money lands and the matter closes cleanly.
Catron Simmons Lawyers handle conveyancing for sellers right across NSW from our office in Bella Vista. Before your property can even go to market, the law says a contract for sale has to be ready with a set of documents attached, and getting that wrong is the most common reason a sale collapses. We prepare it correctly, deal with the buyer’s solicitor, discharge your mortgage and settle the sale. Here’s how selling a property in NSW works, what it costs, and where a lawyer protects you. Buying as well? See our guide to buying a property in NSW.
Solicitor or conveyancer?
Why use a lawyer to sell a property in NSW?
Selling looks simple until a clause is wrong, a document is missing, or a buyer tries to get out of the deal. As a full law firm we prepare a contract that holds up, advise you on what you have to disclose, and act for you if a dispute ever comes of it. A conveyancer can do the transaction; we can do that and protect you when it isn’t straightforward.
A contract that’s done right
We draft your contract for sale and attach the documents NSW law requires, so your property can go to market without delay and a buyer can’t later walk away over something that was missing.
We check your agency agreement
Before you sign with an agent, we can read the agency agreement so you understand the commission, the term you’re locked into, and exactly what you’re agreeing to.
Mortgage discharge and settlement
We coordinate with your bank to discharge your mortgage, work out the adjustments, and run settlement so the proceeds reach you without a hitch.
Step by step
The property selling process in NSW
Most sales in NSW follow the same path. Here’s what happens at each stage, and where we come in.
Prepare the contract for sale
In NSW you can’t market a property until a contract for sale is ready. We prepare it and attach the documents the law requires, including the title, a drainage diagram and a planning certificate, so you’re ready to go to market and protected from a buyer pulling out over a missing document.
Sign the agency agreement
You pick an agent and sign an agency agreement. Send it to us first and we’ll check the commission, the agreement’s length and the fine print before you commit.
Marketing and offers
Your agent markets the property by private treaty or auction. Offers come in and you negotiate the price and terms. We’re on hand to advise on any conditions a buyer asks for.
Exchange of contracts
Once you accept an offer, contracts are signed and swapped and the buyer pays the deposit. A settlement date is set.
Discharge and preparation
We answer the buyer’s requisitions on title, arrange to discharge your mortgage with your bank, and work out the adjustments for rates and levies. We get everything ready for settlement day.
Settlement and handover
Settlement is done online through PEXA. Your mortgage is paid out, the balance of the sale proceeds is paid to you, and the title transfers to the buyer. You hand over the keys.
Wrap-up
We confirm the transfer is registered and your mortgage is discharged, make sure the proceeds reach you, and send you the final figures for your records.
A quick word on vendor disclosure
In NSW you have to attach a set of prescribed documents to the contract before the property goes on the market, like the title, a sewer or drainage diagram and a planning certificate. If they’re missing or wrong, the buyer can sometimes pull out of the sale, even after exchange. Getting the contract prepared properly from the start is the single best way to stop a sale falling over, and it’s exactly what we take care of.
What it costs
How much does it cost to sell a property in NSW?
Selling has a few costs of its own. Our professional fee is fixed and we quote it up front. The rest depends on your property and your agent, and we set it all out clearly so nothing surprises you at settlement.
Agent’s commission Usually the biggest
Your real estate agent’s fee, usually a percentage of the sale price. It’s negotiable, so it’s worth comparing agents before you sign.
Legal & conveyancing fees Fixed professional fee
Our professional fee for preparing the contract and handling your sale end to end, quoted as a fixed amount before you engage us. This covers our work only; the costs below are separate.
Marketing and advertising
Photography, online listings, signage and any campaign your agent runs. Agreed with your agent up front.
Mortgage discharge fee
If you have a loan on the property, your bank charges a fee to discharge the mortgage at settlement.
Capital gains tax Sometimes
Your main residence is usually exempt, but an investment property may attract CGT. We’ll flag it; your accountant can work out the figure.
Auction costs If applicable
If you sell under the hammer, the auctioneer’s fee, usually arranged through your agent.
Why Catron Simmons
Why sellers choose Catron Simmons
40+ years’ combined experience
Decades acting for buyers and sellers across NSW, including the tricky titles and contracts a lot of firms would rather avoid.
Contracts prepared properly
We get the contract and disclosure right from the start, which is the best protection against a buyer trying to walk away later.
Admitted to the Supreme Court
If a sale ever turns into a dispute, you’re already with solicitors who can run it, not start again with someone new.
Local to the Hills, acting across NSW
We’re in Bella Vista and easy to get to, and set up to act for sellers anywhere in the state.
Common questions
Selling a property in NSW: your questions answered
Do I need a contract before I can advertise my property?
Yes. In NSW a property can’t be offered for sale until a contract for sale has been prepared with the prescribed documents attached. Getting us involved early means your contract is ready when your agent is, so there’s no delay going to market.
What do I have to disclose to a buyer?
The contract has to include a set of prescribed documents, such as the title, a drainage or sewer diagram and a planning certificate. There are also things you can’t hide about the property. If disclosure is wrong or incomplete, a buyer may be able to get out of the contract, so we make sure it’s right.
What’s the difference between a solicitor and a conveyancer when selling?
A licensed conveyancer can handle the transaction. As solicitors we do that and advise on the wider legal side, like a difficult agency agreement, a disclosure problem, or a buyer in default, and we can act for you if it turns into a dispute.
How long does it take to sell?
The marketing period is up to you and your agent. Once you exchange, the time to settlement is set in the contract, and six weeks (42 days) is the usual, though it can be shorter or longer by agreement.
Should I sell by auction or private treaty?
Both work. Auction can suit in-demand properties and creates a deadline, and there’s no cooling-off period for the buyer. Private treaty gives you more control over price and timing. Your agent will advise on the method, and we’ll handle the contract either way.
Will I have to pay capital gains tax?
If the property is your main residence, the sale is usually exempt. An investment property may attract capital gains tax. This is general information rather than tax advice, so check the figure with your accountant; we’ll flag where it’s likely to apply.
How much do you charge to sell a property?
We give you a fixed professional fee before you engage us. Agent’s commission, marketing, your bank’s discharge fee and any CGT are separate and depend on your property, and we set them all out clearly.
How Can We Help You?
We are an experienced boutique firm with a client driven focus. Located in the Hills District at Bella Vista servicing Sydney wide. Catron Simmons Lawyers offer you the knowledge, confidence and the straightforward advice you require.
Alternatively, you can give us a call on 0407 171 626 (Alicia) or 0407 534 594 (Michelle). We are open Monday to Friday from 9am-5pm but contactable 24/7.