Selling in NSW

Selling property in New South Wales: the complete state guide

Selling in New South Wales starts earlier than sellers expect. Under the Property and Stock Agents Act, your agent cannot market the property, or even offer it for sale, until your solicitor or conveyancer has prepared a complete contract of sale with the prescribed documents attached. Get the contract ready and the sale runs smoothly. Leave it late and you legally cannot go to market.

The rest of the New South Wales sale is about the exchange: both parties sign, contracts are exchanged, and the deposit is paid. This guide walks the whole sale, what you prepare, what you are on the hook for, and what lands in your account at the end, with a link to the detailed explainer for each step.

The short version for New South Wales sellers
Get your contract ready before you list. In NSW you cannot legally market a property, or even advertise it, until the contract is prepared with the prescribed documents attached. That is your conveyancer's first job, not something for later.
Missing documents can undo the sale. If a prescribed document is left out, the buyer can rescind within 14 days of exchange and get their deposit back. Getting the contract right up front protects your sale.
Push for an unconditional exchange. Buyers get five business days cooling-off, but a section 66W certificate from their solicitor removes it and secures the full deposit on exchange, which locks your sale in and beats gazumping. There is none at auction.
Transfer duty isn't your cost. The buyer pays that. You pay agent commission, conveyancing and your mortgage discharge, and keep your building insurance until settlement funds clear.

How selling in New South Wales differs from Queensland and Victoria

If you have sold in another state before, these are the parts of a New South Wales sale that work differently.

Rule	New South Wales	Queensland	Victoria
Who prepares the contract	Your solicitor or conveyancer, before you can market	The agent prepares the standard REIQ contract	Your lawyer or conveyancer prepares the section 32 and contract
Seller disclosure	Prescribed documents attached to the contract before marketing	Form 2 disclosure statement before the buyer signs	Section 32 vendor's statement before signing
Making a deadline binding	Usually a notice to complete first	Time is of the essence, so you can act immediately	Usually a notice to complete first
Buyer cooling-off	5 business days, often waived by a section 66W certificate	5 business days; you may keep 0.25%	3 business days; smaller penalty

What's different about selling in New South Wales

Topic	How it works in New South Wales	Where the detail sits
Preparing the contract	You cannot advertise or offer the property for sale until your solicitor has prepared a complete contract with the prescribed documents attached. In NSW this is a legal requirement, not a formality.	Contract terms & key dates (NSW)
Disclosure and warranties	The prescribed documents (title search, section 10.7 planning certificate, drainage or sewer diagram, strata by-laws, and more) are attached to the contract. If a required document is missing, the buyer can rescind within 14 days of exchange and recover their deposit.	What you must disclose when selling
Compliance	Working smoke alarms are required, and a pool needs to be registered with a valid certificate of compliance for the sale.	Compliance when selling
Exchange and the 66W certificate	Both parties sign, contracts are exchanged, and the deposit is paid. If the buyer gives a section 66W certificate they waive cooling-off, so the sale is unconditional and the full deposit is secured from exchange.	How the deposit works when selling
Insurance and risk	Risk stays with you until completion, so keep your building insurance in place until settlement funds clear.	Property condition, risks and insurance (NSW)
Settlement timing	Around 42 days, six weeks, from exchange is the standard NSW benchmark, and any earlier or later date is negotiated as a special condition. Completed through PEXA.	Time and settlement in property contracts (NSW)

The New South Wales selling process, step by step

Get your contract prepared (your conveyancer). Before anything is advertised, your solicitor or conveyancer orders the searches and prepares the contract of sale with the prescribed documents attached. In NSW you cannot legally market without it.
Sign the agency agreement and go to market (your agent). With a compliant contract ready, your agent lists the property, runs the campaign and handles inspections and offers. Private treaty or auction.
Agree a sale and exchange. When a buyer is ready, terms are agreed and both sides prepare to exchange. If the buyer gives a section 66W certificate, that removes their cooling-off and secures the full deposit, locking the sale in and closing the gazumping window.
Cooling-off runs, if the buyer has it. Five business days, unless it was an auction or a 66W certificate was given. Your sale can still unwind in this window.
The buyer works through their conditions. Finance, building and pest, strata report. Meanwhile you line up your side: mortgage discharge, smoke alarm and pool compliance, and anything the contract makes your job.
The sale is unconditional. If the buyer defaults from here you may keep the deposit and pursue your loss, but that is a last resort.
Completion. Around 42 days from exchange, adjustments for rates and water are worked out, your mortgage is discharged, and the balance is transferred to you electronically through PEXA.

⚠️ Before you list: do not let your agent advertise until your contract is prepared with the prescribed documents attached. In New South Wales marketing without a complete contract is not allowed, and a missing prescribed document can let the buyer rescind within 14 days of exchange and recover their deposit.

What it costs to sell in New South Wales

You don't pay transfer duty. That is the buyer's cost in New South Wales, not yours. What you do pay is agent commission (negotiable, commonly around 2% in Sydney and higher in regional areas), conveyancing, and the cost of discharging your mortgage. See what it costs to sell a property.

The parts that catch people. Your lender charges a discharge fee, and a fixed-rate loan can add break costs, so check early. Conveyancing is a fixed fee; see what conveyancing costs in Queensland, NSW and Victoria. If the property is not your main residence, capital gains tax may apply, so get advice from your accountant. Discharging your mortgage covers the lender side.

Common questions about selling in New South Wales

Quick answers to what New South Wales sellers ask most.

Can I put my property on the market before my conveyancer drafts the contract in NSW?

No. In New South Wales you cannot legally advertise or offer a property for sale until your solicitor or conveyancer has prepared a complete contract with the prescribed documents attached. It is the first step, not a later one.

What documents must be attached to a NSW contract for sale?

The prescribed documents include a current title search, a section 10.7 planning certificate, a drainage or sewer diagram, and, for a strata property, the by-laws. Your conveyancer assembles these before the contract can go out.

What happens if a prescribed disclosure document is missing from my contract?

If a required document is left out, the buyer can rescind the contract within 14 days of exchange and recover their full deposit. That is why getting the contract complete before you list matters so much.

Why do sellers in NSW request a section 66W certificate from the buyer?

A section 66W certificate waives the buyer's cooling-off, so the sale is unconditional from exchange and the full deposit is secured. For a seller that removes the five business day window where the buyer could walk, and it closes the gazumping gap.

Do I pay stamp duty when I sell in NSW?

No. Transfer duty is the buyer's cost in New South Wales. Your costs are agent commission, conveyancing and discharging your mortgage, plus capital gains tax if the property is not your main residence.

Do I need to keep my home insurance after exchange in NSW?

Yes, keep it until settlement funds clear. Risk stays with you until completion, so keeping your building policy in place until the money lands protects you if something happens before then.

How long is the standard settlement period when selling in NSW?

Around 42 days, six weeks, from exchange is the standard New South Wales benchmark. A shorter or longer settlement is negotiated as a special condition in the contract. See time and settlement in property contracts (NSW).

Selling somewhere specific in New South Wales?

Local knowledge, compliance and a fixed-fee quote from the team covering your area.

Selling in New South Wales is smooth once the contract is ready before you list. If you are getting ready to sell, get a fixed-fee quote and have your contract and documents prepared first. That is the step that lets you go to market without delay.

General information only, not legal advice. Conveyancing law varies by state and changes over time, so confirm your situation with a licensed conveyancer or solicitor.

Explainers

What must you disclose when selling a property?

Sellers must disclose title, planning, rates and notices before a buyer signs — via a Section 32 in Victoria, prescribed documents in New South Wales, or a Form 2 in Queensland.

What compliance do you need when selling a property?

Selling requires working smoke alarms, a compliant pool barrier with the right certificate, and cladding disclosure in affected apartment buildings.

What does it cost to sell a property in Australia?

Selling costs agent commission, marketing, conveyancing fees, mortgage discharge and possibly capital gains tax, plus an ATO clearance certificate to avoid 15% withholding.

How do settlement adjustments work when you sell?

Settlement adjustments split the property's ongoing costs (council rates, water, and any body corporate or strata fees) between you and the buyer as at the settlement date, so each side pays only for the days they own the property. Your conveyancer calculates them on a statement of adjustments.

What happens if the buyer defaults or can't settle?

A buyer who misses settlement without an extension or condition is in default: you can usually forfeit the deposit, terminate and sue. NSW and Victoria need a 14-day notice first; Queensland allows a unilateral five-business-day extension.

What's different about selling a strata, unit or townhouse?

Strata sellers need a body corporate certificate — section 184 in NSW, section 151 in Victoria, Form 33 in Queensland — covering the scheme's finances, insurance and by-laws, delivered before the buyer signs in Victoria and Queensland.

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