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Understanding the Process of Selling a House
Residential property sales in NSW are governed by the Conveyancing Act 1919 (NSW) and associated regulations. Before marketing a property, a compliant contract for sale of land must be prepared.
The contract must include prescribed documents such as:
- Title search
- Plan of the land
- Zoning certificate
- Drainage diagram
Failure to attach required documents can give a purchaser rights to rescind.
Unlike purchasers, vendors do not receive a cooling off period. Once contracts are exchanged, the agreement becomes legally binding subject to its terms.
Settlement typically occurs six weeks after exchange unless otherwise agreed.
When You Need a Conveyancing Lawyer
Legal advice is important when:
- You are preparing a contract for sale
- The property is part of a strata or community scheme
- There are easements or restrictions on title
- The property is subject to a mortgage
- A purchaser seeks amendments to special conditions
- There is a dispute before settlement
- The buyer fails to complete on time
Early preparation reduces the risk of delay and contractual dispute.
Our Legal Services in Residential Property Sales
We assist vendors throughout the sale process, including:
- Contract preparation
- Special condition drafting
- Disclosure review
- Mortgage discharge coordination
- Settlement management
- Default and rescission advice
- Post-settlement registration
We provide clear advice on compliance and risk allocation.
Our Approach to Selling Residential Property
We begin by preparing a compliant contract tailored to the property. Particular attention is given to inclusions, deposit provisions and default clauses.
If the property is strata, we ensure appropriate certificates and disclosure are addressed.
During the transaction, we coordinate with your agent and lender to ensure settlement proceeds smoothly. Where issues arise, including delayed settlement or breach, we assess enforcement options under the contract.
Our approach is structured and focused on protecting your contractual position.
Why Choose Maguire & McInerney
Maguire & McInerney advises vendors on residential property sales involving standard and complex title issues. Our work is grounded in detailed knowledge of the Conveyancing Act 1919 (NSW) and settlement procedure. We provide clear advice on drafting, disclosure and enforcement rights, supported by transparent fee arrangements.
Before listing your property for sale, ensure your contract is properly prepared. Contact our team to discuss your proposed sale.
Steps To Get Started
FAQs
Settlement commonly occurs six weeks after exchange, unless another period is agreed.
No. The cooling off period generally benefits the purchaser, not the vendor.
The contract must include prescribed documents and accurate disclosure of matters affecting the property, including title and zoning.
If contracts have not been exchanged, the buyer may withdraw. After exchange, termination rights depend on the contract and cooling off provisions.
The contract sets out default rights, which may include interest, termination and potential forfeiture of the deposit.
What Our Clients Say
