Residential Conveyancing – Selling a Property in NSW

Property Law

Guiding you through the conveyancing process when selling a property in NSW

Attwood Marshall Lawyers can review the Contract before you sign the dotted line to ensure the Contract reflects your best interests, rights, obligations and any warranties under the Contract.

The process of selling your property can be just as stressful as purchasing a new home. There are several reasons why you may decide to sell your property, whether it be time for something bigger or to downsize, a change of scenery or relocating. 

The stress can start from the moment you make that decision, getting the house ready for sale, facilitating open homes, and engaging in negotiations with prospective buyers 

Our experienced property team will help ease the stress that can come with selling property. We will guide you through the four steps of conveyancing; pre-exchange, exchange, post-exchange and settlement. We understand that selling a property is a significant matter for most people, whether it is your first sale or your third.   

We can help you co-ordinate the sale of your property and purchase of another, whether it be in New South Wales or Queensland 

Our team can assist you all residential sales including:

  • Houses; 
  • Vacant Land; 
  • Units; 
  • Duplexes; 
  • Townhouses; 
  • Off the plan property.

Attwood Marshall Lawyers are a leading PEXA certified electronic conveyancing law firm. Our streamlined e-conveyancing process allows us to 
complete property settlements in conjunction with other lawyers, conveyancers and financial institutions quickly and effectively. We can lodge all the required documents and transfer funds in real time in a digital environment that reduces the risk of any errors or delay. You can have confidence and peace of mind in knowing your residential sale will settle on-time.

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The estate agent must have a “soft copy contract” available to any potential purchaser before marketing the property for sale. The contract must contain statutory searches required under legislation.

The purchaser may request that the deposit be less than 10%, you can accept a lesser amount, however if the purchaser breaches the contract and you are entitled to the deposit, only the lesser amount will be available for forfeiture.

The contract will be unconditional when the cooling off period expires and the purchaser has satisfied all conditions. We will confirm with you once the contract is unconditional.  

You will need to notify your bank that the property has sold. Most banks will have their Discharge Request Form available on their website. We recommend getting this to the bank as soon as possible as most banks require at least 14 days’ notice to be in a position to settle.

If the purchaser is unable to settle on the due date, you charge the purchaser interest for the number of days that settlement is delayed. You can issue a ‘Notice to Complete’ meaning that the purchaser has a further 14 days to settle. If left unsettled, you can terminate the contract and the deposit is forfeited.