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Your guided path
to confidently
selling a property

Residential Selling Conveyancing Packages

Package Type:

Selling, the complete package

Location

NSW

Property Type

Existing

Descripiton

An all-inclusive package for people selling residential property in NSW. Includes our legal fees + a curated search package to cover all mandatory search and certificate costs for a standard conveyance. These fees are fixed and will not change, unless you want additional searches or services.

Existing Property

Legal Fees $1,750
Selling Search Package $390
Total $2,140
Inc GST

Payment of a $500 deposit must be made upfront, the rest is paid at settlement. Search package includes all mandatory searches and certificates for a standard conveyance. Terms and conditions can be found here.

Looking to get started or find out more information?

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Are you interested in commercial, industrial
or project-scale conveyancing?

Each commercial, industrial or large-scale project has unique requirements and complexities. Contact us to discuss a bespoke solution.

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We partner with individuals and businesses selling residential property in Australia.

We’re industry experts in residential sales, from single homes to large-scale residential projects, we’ll support you through every step of the sale.

We’re industry experts who understand the complexities of selling commercial and industrial real estate in Australia.

With years of top-tier experience in BigLaw, we operate with high-calibre precision and professionalism, giving your buyer confidence and trust, and helping you secure the sale.

We offer a comprehensive service to developers of small, medium and large-scale projects, across residential, commercial, industrial and mixed-use developments.

Our team works closely with developers on the preparation of off-the-plan contracts, negotiation and exchange of individual presale contracts, as well as lender presale certification to secure your development finance.

conveyancing-selling-a-property

No. More. Offices.

Gone are the days of tedious office visits and endless paperwork.

Have some questions?

We have
answers

Do I need a conveyancer before I put my property on the market?

If the property you are selling is in NSW or ACT, yes – this is because you are not allowed to advertise residential property for sale in NSW or ACT unless a contract of sale is available for interested buyers to look at.

In QLD, the contract of sale is usually prepared by your real estate agent, so you don’t need a conveyancer before you list your property. However, it is good to have one lined up so they can get started on your sale ASAP once you’ve found a buyer.

In each other state/territory, it is not mandatory to have a contract of sale prepared before advertising your property for sale, but it is highly recommended – it can take your conveyancer a bit of time to put the contract together (because they need to order searches and certificates from government authorities, which can take a few days to process). If you have an interested buyer, you’ll want to lock them in ASAP so you don’t risk them changing their mind or finding another property while your contract is being prepared.

What is a contract of sale and why do I need one?

A contract of sale is the official, legally binding agreement between you (as the seller) and the buyer, for the sale of your property. It contains the important details about the sale (i.e. the property being sold, the parties, the purchase price, the date of settlement, etc.), and locks you and the buyer into the sale.

You need a contract of sale because:

  • legally, it is required – in all Australian states and territories, the sale of real property must be evidenced in writing.
  • makes the sale official – it is legal proof of the agreed terms of the sale, and it locks both the buyer and seller into the sale.
  • protects you and the buyer – it avoids misunderstandings between you and the buyer because everything has been pre-agreed and documented in the contract.
  • guides the process – the contract sets out what needs to happen, and when, so everyone is on the same page and the process runs smoothly.

What is a cooling-off period?

A cooling-off period is a grace period for buyers to change their mind about purchasing a property after they’ve signed the contract of sale. It allows them to get out of the contract without losing their full deposit.

A buyer will not always have a cooling off period – it depends on the rules of the state/territory where the property is located. In general, a cooling off period:

  • only applies to residential property.
  • does not apply where the buyer is a company or a trust.
  • does not apply to a property purchased at an auction (or purchased on the same day as an auction is passed in) – in QLD this also extends to the 2 business days after the auction date (for registered bidders), and in VIC extends to the 3 calendar days before and after the auction date.

The length of the cooling off period, and the penalty that the buyer will need to pay, differs between states – see the table below.

State/ Territory Cooling Off Period Penalty
NSW, QLD, ACT 5 business days 0.25% of the purchase price
VIC 3 business days 0.2% of the purchase price
SA 2 business days $100
TAS No right to a cooling off period under legislation, unless it is included in the contract. This period is usually 3 business days. None unless the contract specifies otherwise.
NT No right to a cooling off period under legislation, unless it is included in the contract (and only if you do not have a conveyancer representing you). This period is usually 4 business days. None unless the contract specifies otherwise.
WA None None

How are offers made, and contracts negotiated?

As a seller, the typical process for receiving offers, and negotiating the contract of sale, includes:

  1. Prepare your contract first – before you list your property for sale, it is a good idea to have your contract of sale already prepared (this is mandatory in NSW and ACT). This will allow you to quickly lock a buyer in once you’ve received an acceptable offer (reducing the risk of them changing their mind while the contract is being prepared). So get your contract prepared as the first step!
  2. Agent will show property and receive offers – once listed, your agent will show the property to interested buyers and answer any of their questions. If a buyer wants to make an offer, they will direct the agent to submit a formal offer to you.
  3. Decide whether to accept or decline an offer – you will need to consider any offers made, and decide whether you want to accept or decline. You do not have to accept an offer if you don’t want to. Your agent specialises in understanding the property market, so make sure to get their advice if you are struggling to make a decision.
  4. Negotiate the terms of the contract – an interested buyer will need to get a copy of your proposed contract of sale, and have their conveyancer review it (sometimes this happens before an offer is made or accepted). Their conveyancer will liaise directly with your conveyancer to negotiate any required changes to the contract.
  5. Sign and exchange contracts – you will be ready to sign and exchange contracts once:
    • you’ve accepted a buyer’s offer.
    • you’ve agreed the terms of the contract of sale with the buyer.

    “Exchanging contracts” means that the contract has been signed by, and is legally binding on, both you and the buyer.

What happens if a buyer pulls out after the contract is signed?

It depends on the circumstances…

  • If the buyer has a cooling off period, and they pull out of the contract during this cooling off period, they will be entitled to a full refund of any deposit they have paid, minus a small fee (set out below):
    State/ Territory Fee
    NSW, QLD, ACT 0.25% of the purchase price
    VIC 0.2% of the purchase price
    SA $100
    TAS, NT, WA Depends on the individual contract terms
  • If the buyer doesn’t have a cooling off period, or they pull out after the cooling off period has ended, you will be entitled to keep the full deposit (unless the buyer had a contractual right to pull out, such as if you have breached the contract – in this case, the buyer will usually be entitled to its full deposit back).
  • If the contract is conditional upon a certain condition being satisfied (e.g. the buyer obtaining finance or a satisfactory pest and building inspection), the buyer can pull out of the contract without any penalty if they are unable to satisfy those conditions.

This sounds sketchy, is it legal?

Yes, completely legal. All standard conveyancing transactions are now completed 100% electronically, and all legal documents in a conveyancing transaction can be legally signed electronically. It’s just good business.

How secure is online conveyancing really?

Put simply, online conveyancing is very secure.

The most critical part of any conveyance is the settlement. This is where all parties involved in the transaction (buyer, seller, banks) come together to transfer money, and exchange legal title to the property. In other words, this is where most of the really important stuff happens and, naturally, where you’d want the most security of all.

We conduct our settlements online through Australia’s leading ELNO (Electronic Lodgement Network Operator), PEXA.

PEXA uses industry best practice and standards for protecting information and cyber security. This includes things like:

  • Secure encryption protocols to protect the confidentiality and integrity of data exchanged during settlement.
  • Authentication security (such as multi-factor authentication) to verify the identities of users participating in the settlement.
  • Secure payment gateways to add additional protection when transferring money between financial institutions.

Is online conveyancing practical?

Yes – it will save you both time and money. From a legal perspective, conveyancing is a relatively straightforward and low-risk process. There is no benefit to overcomplicating it.

With recent changes in Australian law, together with unprecedented advances in technology, it is now possible, and legal, to complete a conveyancing transaction without ever leaving your desk – why not?

What is the difference between a conveyancer and a solicitor?

In Australia, you can choose between using a lawyer or a conveyancer to handle the sale/purchase of your property transaction.

A lawyer (with a current practising certificate) is automatically qualified to offer conveyancing services having completed a law degree and specialised post-university study. Lawyers are recognised by the Supreme Court, their practice is governed by strict solicitor-rules, and they have the ability to address broader legal issues that may arise during your transaction.

A conveyancer is qualified to offer conveyancing services if they hold a current Conveyancer Licence (obtained by undertaking a recognised course in conveyancing, as well as undertaking supervised practice).

Both are capable of handling your conveyancing matter, but having a lawyer involved also gives you peace of mind that any legal issues that may arise during your transaction can be quickly addressed (reducing overall costs and delay).

The key is to simply find a qualified and capable conveyancing team (whether lawyer, conveyancers or both) who are experienced in the specific property transaction you are undertaking.

Do you offer quick contract reviews if I’m in a rush?

Yes, our timeframe for a contract review is 24-48 hours. Please discuss with us if you have a particular urgency, and we will do our best to accommodate your timeline.

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