What Happens on Settlement Day?

Written by: Marcus ThornePublished by: Sell My House PrivatelyLast reviewed June 2026

Capsule Answer

Settlement day is the final step in a property transaction. On this day, the buyer's legal representatives transfer the balance of the purchase price to the seller's representatives, and the bank releases the mortgage.

The Settlement Day Checklist

The core steps on settlement day include:

- Calculate Adjustments: Your conveyancer calculates adjustments for water, council rates, and strata levies.

- Fund Transfer: The buyer's bank transfers the remaining funds to clear your mortgage and pay your solicitor.

- Registry Update: Legal title is updated on the NSW Land Registry database, keys are handed over, and the sale is complete.

Electronic Settlement Networks (PEXA)

All standard NSW settlements are executed electronically via the PEXA platform.

Through this network, banks and conveyancing solicitors exchange funds and register title transfers online. This completes the sale safely in real time, eliminating the need for manual paper settlement meetings.

Clearing and Release of Funds for Sellers

On settlement day, the PEXA system splits the buyer's purchase funds according to your conveyancer's instructions.

First, outstanding mortgage balances are paid directly to your bank to discharge the loan. Next, the remaining net funds are transferred to your nominated bank accounts via Real Time Gross Settlement (RTGS), clearing on the same day.

Conveyancer vs Solicitor: Selecting Legal Representation in NSW

When selling property in NSW, you can hire a licensed conveyancer or a qualified solicitor. Licensed conveyancers are governed by the Conveyancers Licensing Act 2003 (NSW) and specialize in property transfers. Solicitors are governed by the Legal Profession Uniform Law (NSW) and hold broader qualifications.

If your transaction involves complex disputes, probate litigation, or family law court proceedings, hiring a solicitor is recommended, as they can provide advice on tax laws, estate planning, and represent you in court.

For standard off-market treaty sales, licensed conveyancers provide efficient, cost-effective service in PEXA.

Exchange of Contracts under the Conveyancing Act 1919

The exchange of contracts is the critical moment when a property transaction becomes legally binding. In NSW, this is governed by the Conveyancing Act 1919 (NSW). Two identical copies of the contract of sale are signed, one by the buyer and one by the seller, and physically or digitally exchanged.

The buyer pays the agreed deposit (typically 10%) into the seller's solicitor's trust account.

In a private sale, to ensure transaction safety and bypass the statutory 5-day cooling-off period, the buyer's solicitor must sign a Section 66W certificate, making the contract unconditionally binding immediately at exchange.

Statutory NSW Guidelines for NSW conveyancing laws

All property sales in New South Wales must follow the Conveyancing Act 1919 (NSW). This rule applies directly to your transition involving NSW conveyancing laws.

Sellers must attach specific documents to the Contract of Sale before advertising. These documents protect both parties.

Mandatory attachments include:

- A current Land Registry Services title search copy

- A Section 10.7 planning certificate showing zoning rules

- Sewerage service diagrams from Sydney Water

- Strata certificates (if selling a strata title unit)

For relationship separations, transfers comply with the Family Law Act 1975. For deceased estates, executors must obtain probate under the Succession Act 2006. The final transfer is settled securely online.

PEXA Digital Settlement Protocols for NSW conveyancing laws

Property settlements in New South Wales must complete electronically. Conveyancers coordinate the transaction securely in the PEXA digital workspace. This workspace links banks, solicitors, and the land registry.

On settlement day, the PEXA system performs three tasks:

1. It calculates rate adjustments between buyer and seller.

2. It discharges the existing mortgage automatically.

3. It transfers the clear title to the buyer.

Funds are wired in real time. Outgoing mortgages are paid off instantly. The remaining cash goes directly to the seller's account. Title transfer occurs at the same time, ensuring total transaction safety.

Frequently Asked Questions

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Disclaimer: The information on this page is general in nature and does not constitute financial, legal, or tax advice. Property sale decisions are significant and individual circumstances vary. We recommend speaking with a licensed conveyancer or solicitor for legal matters, and a registered financial adviser or tax agent for financial and tax matters. Links to external legislation and government resources are provided for reference only.

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