When to engage your conveyancer in Sydney
Before your agent, ideally. Because an agent cannot advertise until your contract of sale exists, briefing a conveyancer first means ordering the title search, deposited plan and Section 10.7 certificate so you can go to market the moment you and your agent are ready.
Who can act for you in New South Wales
In NSW you can use a licensed conveyancer or a solicitor. Both are qualified to prepare your contract, handle disclosure and complete settlement.
Vendor disclosure in New South Wales
NSW builds vendor disclosure into the contract itself. Before your property can be marketed, your contract must include the prescribed documents (title search, deposited plan, and a Section 10.7 planning certificate). Missing prescribed documents can let a buyer rescind within 14 days.
Cooling-off in New South Wales
Private treaty buyers get a five business day cooling-off period, with a 0.25% penalty if they use it. There is no cooling-off at auction. A buyer can waive it with a Section 66W certificate.
Our view
Because a NSW contract must exist before you can advertise, the sellers who move fastest are the ones who brief a conveyancer before they call the agent. Contract first, listing second, is the single biggest time-saver in a NSW sale.
Selling and buying at the same time?
Stamp duty is a buyer cost, so you won't pay it on the property you're selling. But if you're buying your next Sydney home, transfer duty is usually the largest government cost of the purchase, and it belongs in your budget from the start.
Two common Sydney scenarios
Selling to upsize
You're selling your Sydney home and buying a larger one. Brief your conveyancer early so your paperwork is ready, line up both settlements for the same day where you can, and estimate the stamp duty on the new place so your borrowing adds up.
Selling an investment
Selling a New South Wales investment property means tidy title and rates information and, where it applies, sorting tenancy and body corporate details. Getting your conveyancer on early keeps a tenanted sale on track to settlement.
Nothing to pay until settlement
Your conveyancing and other selling costs can be funded and repaid from your sale proceeds at settlement, so getting started early does not mean paying early. How pay at settlement works.
Useful New South Wales resources
Frequently asked questions
When should I engage a conveyancer to sell in Sydney?
Before you list. In NSW an agent cannot market your property until the contract of sale exists, so engaging a conveyancer or solicitor first is what lets your sale go to market on time.
Do I need a contract of sale before I can advertise in NSW?
Yes. A residential property cannot be advertised or offered for sale until a contract with the prescribed documents has been prepared.
Who can do my conveyancing in NSW?
A licensed conveyancer or a solicitor. Both can act for a seller in New South Wales.
Is there a cooling-off period when selling in NSW?
There is a five business day cooling-off period for the buyer in a private treaty sale, with a 0.25% penalty if used. Auction sales have no cooling-off.
Do I pay stamp duty when I sell in NSW?
No. Transfer duty is paid by the buyer, not the seller. If you are buying your next home, estimate it with our NSW stamp duty calculator so it is in your budget.
