What a Solicitor Does When You Sell Property
When you sell, your solicitor acts only for you. Our role is to protect your position from the moment you decide to sell until the funds are in your account. That includes:
- Preparing the contract for sale, including the documents that must be attached under the Conveyancing Act 1919 and the Conveyancing (Sale of Land) Regulation 2022.
- Reviewing title for easements, covenants, caveats or boundary issues, and dealing with them before they can delay your sale.
- Drafting special conditions that suit your circumstances, such as a longer or shorter settlement period, early access, or the sale of a tenanted property.
- Negotiating contract changes requested by the buyer’s solicitor or conveyancer.
- Coordinating with your lender to discharge your mortgage at settlement.
- Calculating adjustments for council rates, water and other outgoings, and completing settlement electronically.
Because we are a solicitor’s firm and not only a conveyancing practice, we can also advise if the sale involves a deceased estate, a separation, a family trust or a dispute. See our guide to the difference between a solicitor and a conveyancer in NSW.
The Selling Process in NSW, Step by Step
Step 1: Prepare the contract before you list
Under NSW law, a real estate agent cannot advertise or market a residential property until a contract for sale has been prepared. We draft the contract using the current Law Society of NSW and Real Estate Institute of NSW standard form and attach the prescribed documents: the title search, the registered plan, dealings that create easements or covenants, the sewer drainage diagram, and the planning certificate issued by council under section 10.7 of the Environmental Planning and Assessment Act 1979. If the property has a swimming pool, a pool certificate is required as well. Your inclusions, exclusions, deposit and settlement period are also set out here.
Step 2: Accept an offer and review the buyer’s requests
When you accept an offer, your agent sends us a sales advice with the buyer’s details, price and any requested conditions. We send the contract to the buyer’s representative and negotiate any amendments they ask for, for example to the settlement date or the inclusions.
Step 3: Exchange contracts
The sale becomes binding when signed copies of the contract are exchanged. The buyer pays the deposit, which is commonly 10% of the price and usually held in the agent’s trust account until settlement. For most residential sales in NSW, the buyer has a five business day cooling-off period after exchange unless it is waived with a certificate from their solicitor under section 66W of the Conveyancing Act 1919. There is no cooling-off period at auction, and the seller never has one.
Step 4: Prepare for settlement
Between exchange and settlement, we respond to the buyer’s requisitions on title, arrange your mortgage discharge, obtain your ATO clearance certificate and prepare the settlement figures. The standard contract provides for settlement 42 days after exchange, although you can agree to a different period.
Step 5: Settle electronically
Almost all NSW settlements are now completed online through an electronic lodgement network such as PEXA. On settlement day your mortgage is repaid, the adjustments are applied, and the balance of the sale proceeds is paid into your nominated account as cleared funds. Ownership then passes to the buyer and the keys are released.
Your Disclosure Obligations as a Seller
NSW does not require sellers to volunteer every defect in a property, but it does require specific disclosure, and the consequences of missing it are serious. If a prescribed document is not attached to the contract before the buyer signs, the buyer can generally rescind within 14 days of exchange. Contracts must also include the prescribed warranties and a notice about smoke alarms and loose-fill asbestos insulation.
Separately, your agent must disclose certain material facts to buyers, such as flooding or bushfire affecting the property in the last five years, listing on the loose-fill asbestos register, or serious health or safety risks. Your agent will rely on what you tell them, so being open early protects you from a buyer later claiming misrepresentation.
We explain these rules in detail in our guide to what a seller must disclose when selling property in NSW.
Issues That Come Up When Selling in the Hunter
Every region has its own patterns, and these are the matters we see most often for sellers in Maitland and the surrounding Hunter Valley:
- Flood planning notations. Parts of the Hunter River floodplain carry flood-related notations on the council planning certificate. These are disclosed through the certificate, and buyers and their lenders will ask about them.
- Mine subsidence districts. Much of the Lower Hunter, including parts of Cessnock, Kurri Kurri and Lake Macquarie, sits within declared mine subsidence districts. This appears on the planning certificate and may affect past building approvals.
- Unapproved structures. Older homes often have sheds, carports, pergolas or enclosed verandahs built without approval. We identify these early so they do not become a negotiating point at the last minute.
- Rural and acreage properties. Water licences, access easements, and boundary fencing can complicate a rural sale and may need special conditions.
- Tenanted investment properties. Selling with a tenant in place, or with vacant possession, is governed by the Residential Tenancies Act 2010. Notice rules changed in 2025, so get advice before your agent sets a timeline.
Tax and Settlement Matters Sellers Often Miss
- ATO clearance certificate. Since 1 January 2025, every seller needs a clearance certificate from the Australian Taxation Office before settlement, whatever the sale price. Without one, the buyer must withhold part of the price and pay it to the ATO. Applications can take time, so we recommend applying when you list.
- GST on new residential property. If you are selling a newly built home or a vacant lot you have subdivided, you may need to give the buyer a GST withholding notice.
- Capital gains tax. Your main residence is usually exempt, but investment properties and properties used to earn income may not be. We work with your accountant so the contract and settlement timing suit your tax position.
- Mortgage discharge. Your lender needs a signed discharge authority before it will release its mortgage at settlement, and processing can take a couple of weeks. We lodge this early so settlement is not delayed.
Fixed-Price Conveyancing for Sellers
We offer fixed-price conveyancing for most residential sales. It covers preparing and checking the contract documents, the searches, and the work through to settlement, and you know the cost before we start. If your sale involves something outside the standard process, such as an estate or a complex title issue, we will tell you upfront and give you a clear estimate for the additional work.
Why Sellers Choose Hills Solicitors
- Local since 1894: Over 130 years of acting for buyers and sellers in the Hunter means we know the local councils, the common title issues and the agents you are likely to deal with.
- A solicitor, not only a conveyancer: If your sale touches an estate, a separation or a dispute, we can advise on it directly without handing you on.
- Across the region: We act for sellers in Maitland, East Maitland, Rutherford, Thornton, Kurri Kurri, Cessnock, Newcastle, Lake Macquarie and Port Stephens, with electronic settlement from anywhere.
- Clear communication: You will know where your sale is up to and what we need from you at each stage.
Buying your next home at the same time? Our buying property team can coordinate both settlements. For an overview of how property transactions work, see our conveyancing services, and for Thornton sellers, our article on common selling mistakes to avoid.
Frequently Asked Questions About Selling Property in NSW
When should I contact a solicitor about selling my property?
Before you sign an agency agreement or list the property. In NSW an agent cannot market a residential property until the contract for sale has been prepared, and the prescribed documents take time to obtain. Engaging a solicitor early also gives time to resolve title issues and apply for your ATO clearance certificate.
Does the seller get a cooling-off period in NSW?
No. Once contracts are exchanged the seller is bound. For most residential sales, the buyer has a five business day cooling-off period, unless it is waived with a section 66W certificate or the property is sold at auction. A buyer who rescinds during cooling-off forfeits 0.25% of the price.
What documents must be attached to a NSW contract for sale?
The prescribed documents include a title search, the registered plan, dealings creating easements or covenants, the sewer drainage diagram, and the council planning certificate under section 10.7 of the Environmental Planning and Assessment Act 1979. A pool certificate is required if the property has a swimming pool. If a prescribed document is missing, the buyer can generally rescind within 14 days of exchange.
Do I need an ATO clearance certificate to sell my home?
Yes. Since 1 January 2025 a clearance certificate is needed for every property sale in Australia, regardless of price. If you do not provide one by settlement, the buyer must withhold part of the purchase price and pay it to the ATO. Apply online as soon as you decide to sell.
What happens if the buyer does not settle on time?
You can usually serve a notice to complete, which gives the buyer a fixed period to settle. If they still fail to settle, you may be able to terminate the contract, keep the deposit and claim other losses, depending on the contract terms. Get advice before serving a notice, as it must be done correctly to be effective.
Can I sell a property that has a tenant in it?
Yes. You can sell subject to the existing lease, in which case the buyer takes over as landlord, or you can sell with vacant possession, in which case the tenancy must be ended correctly under the Residential Tenancies Act 2010. The right approach affects your contract terms and your timeline, so decide before the property is listed.
Do you offer fixed-price conveyancing for sellers?
Yes. Most residential sales are handled for a fixed price that covers contract preparation, searches and settlement, so you know the cost upfront. If your sale involves additional legal work, such as a deceased estate or a title problem, we will explain what is involved and give you a clear estimate before proceeding.
Selling Soon? Get Your Contract Ready First
The earlier your contract is prepared, the sooner your agent can start marketing and the fewer surprises there will be after exchange. Hills Solicitors has helped Hunter Valley sellers since 1894, and we will guide you from contract to settlement.
Book a consultation with our conveyancing team, or call us on (02) 4933 5111. Check our FAQ page if you have any questions.
