Selling Property FAQs
Selling property is more than just finding a buyer. This guide walks you through the legal documentation required, the role of your conveyancer or solicitor, and how to ensure you’re legally protected every step of the way. Ideal for homeowners looking to sell with confidence.
You should also consider and advise your Solicitor/Conveyancer of any special conditions which you may require in the Contract and provide them with a list of inclusions and exclusions (if any). It is always helpful to have on hand any Council approvals or plans which you may have for any additions or alterations that you have carried out during your ownership of the property. This may also include a Surveyor's Report which you may have obtained when you purchased the property.
My property has a pool or spa, is there anything extra that needs to be done?
YES — A certificate of compliance or non-compliance is required by law to be attached to the Contract for Sale. Your swimming pool or spa will also need to be registered on the Swimming Pools Register. The certificate of compliance or non-compliance can be obtained through your local Council or a Private Certifier. You will find a helpful checklist on the Swimming Pools Register website which can be used as a guideline prior to having your pool inspected.
An offer has been made and accepted, what happens next?
Your Solicitor/Conveyancer will receive a sales advice from your Agent. It is from this sales advice that the contract to sell property is updated with details of the Purchaser, their legal representative, sale price and any other special conditions which have been specifically negotiated between the parties. It is at this point that we will contact you to confirm the details of the sale. The draft Contract will then be submitted to the Purchaser's representative. We will then arrange for you to attend the office to sign the Contract and assist you with arranging the Discharge of Mortgage from your current lender.
Contracts have exchanged, what happens next?
Upon exchange of Contracts, you will be compelled to sell your property to the Purchaser. The deposit will have been paid to the selling Agent and will be held by them in trust until settlement. A contract to sell property will usually be required to be completed by both parties within 42 days from the date of exchange. This date, of course, can be shortened or extended by consent of both parties. Your property solicitors will ensure that your completed Discharge Authority is forwarded to your outgoing Mortgagee and all necessary steps will be taken to see that they are in a position to settle your sale in a timely manner.
At settlement, you are required to provide vacant possession of the property and you should ensure that you have removed all personal items which do not form part of the sale. All items which have been noted as inclusions are to remain. Any keys to the property will need to be handed over to your Real Estate Agent and you should cancel your Home and Contents Insurance policy and arrange for any services such as electricity and telephone to be disconnected as at the date of settlement.
