Selling Property

Selling Property

At BConveyancing.co, we understand that selling your property is a significant step. The first thing you need for a successful property sale is a well-prepared Contract for Sale. In New South Wales, the Conveyancing Act 1919 stipulates that the seller of residential land, including houses or townhouses, must include certain documents in the contract before it gets signed by the buyer. This requirement is non-negotiable, any attempt to exclude a document will be considered void and unenforceable.

Our experienced solicitors are diligent in assembling the list of necessary documents to attach to your contract. These documents include:

1. Property Certificate for the Land in the form of a Title Search;
2. A Section 10.7 (2) Planning Certificate from the applicable council;
3. Sewerage infrastructure and sewer line diagrams;
4. Plan of the land as registered with the NSWLRS;
5. Any dealings on the lot related to easements, profits à prendre, restrictions on the use of land or positive covenant;
6. If strata: any documents registered at NSWLRS with respect to it, copy of the strata plan, by-laws and certificate for the lot and the common property, strata development contract/statement (if any), strata management statement in force at the time (if any), documents relating to the community, precinct or neighbourhood scheme (if any), building management statement (if any);
7. A prescribed notice on smoke alarms and swimming pools;
8. A Certificate of Compliance or Non Compliance for a Swimming Pool, and
9. If you are an owner-builder selling your home within 7 years and 6 months after the issuance of an owner-builder permit, there are additional requirements. The contract for sale must include a consumer warning regarding the issuance of the owner-builder permit. Failure to include this warning can enable the purchaser to void the sale contract before settlement. Remember, as an owner-builder, you are guaranteeing the work you undertake, and the next owner of the property can enforce their statutory warranty rights at the NSW Civil and Administrative Tribunal. 

At BConveyancing.co, our diligent solicitors ensure all required documents under the Conveyancing Act are attached to your contract. This protects you from the buyer potentially rescinding the contract. 

In addition to the mandatory documents, you may also want to attach a survey (especially if the property encroaches onto the neighbour’s property), where building works have been completed within 7 years of the proposed sale a Home Building Compensation Fund (HBCF) certificate of insurance under the Home Building Act, an Occupation Certificate to the contract and where a septic tank system is used the relevant licence to Operate a Sewerage Management System from your local council. These documents may provide the buyer with confidence while protecting you from future claims.

What happens if you fail to include the required documents in the Contract for Sale? 

The Conveyancing Act and Conveyancing (Sale of Land) Regulations stipulate that if the prescribed documents are not included in the sale contract, the buyer may rescind the contract within 14 days after its creation unless it has been completed. This right is separate from the buyer’s cooling-off rights and can be exercised even if the buyer waives their cooling-off rights. 

A notice of rescission effectively nullifies the contract from the time it was made, requiring the refund of the deposit and any other money paid by the buyer. 

Given the importance of a well-prepared contract, it is essential to engage a solicitor who is knowledgeable and up-to-date with changes in the Conveyancing Act and Conveyancing (Sale of Land) Regulations. At BConveyancing.co we help you navigate the complexities of the property sale process.