Selling a residential property in New South Wales Part 1



Property Sale Requirements:

Before advertising a residential property for sale in New South Wales, a contract of sale must be prepared. This contract must include the essential documents:

1. Title Documents: A copy of the property's title documents.
2. Drainage Diagram: A drainage diagram.
3. Zoning Certificate: A current Zoning Certificate (section 10.7) issued by the local council.

If the property features a swimming or spa pool, one of the following documents must also be attached to the contract, as of April 29, 2016:

- A copy of a valid certificate of compliance.
- A valid occupation certificate issued within the past three years, along with evidence of pool registration.
- A valid certificate of non-compliance.

However, these requirements do not apply to properties in strata or community schemes with more than two lots or for any off-the-plan contracts. Failing to attach these documents to the sales contract could give the purchaser the right to rescind the contract within 14 days of exchange unless a settlement has already occurred.

To verify whether a property with a swimming/spa pool has a valid certificate of compliance, you can visit the NSW Swimming Pool Register website. Additionally, property exclusions must be included in the contract, and a statement of the buyer's cooling-off rights must be attached.

For more detailed information and guidance, visit the NSW Land Registry Services website.

Private Treaty Sales:

Selling your home by private treaty means you set a price and list the property for sale at that price. This approach offers several benefits, such as greater control over the sale, time to consider offers, and flexibility in extending the listing period. However, it's important to note the potential risks, including setting the price too high, which may hinder the property's sale, or setting it too low, potentially missing out on maximizing the selling price. During a private treaty sale, buyers typically have a five-day cooling-off period to withdraw from the sale.

Auctions:

The auction process involves not revealing the property's price to potential buyers, encouraging them to attend and bid against each other. Setting a reserve price, the lowest acceptable price, is crucial. If the highest bid falls below the reserve price, the property is "passed in," and you can negotiate with interested bidders or relist the property. If bidding surpasses the reserve price, the property is sold immediately.

The successful bidder at an auction must sign the sale contract and provide a deposit (usually 10 percent) on the spot. It's vital to note that there is no cooling-off period for properties purchased at auction. Even if the property is passed in but contracts are exchanged on the same day, the cooling-off period does not apply.