How to Sell a House Privately: Step-by-Step Guide

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

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Selling your house privately without an agent is fully legal and highly cost-effective. By preparing the correct legal disclosures and negotiating directly with a buyer, you can complete a secure, commission-free transfer on your own terms.

Step 1: Hire a Conveyancer & Prepare the Contract

Under NSW property law, you cannot market a residential home without a completed contract of sale. Hire a licensed conveyancer or solicitor to draft the contract.

This contract must include prescribed documents, including a title search and Section 10.7 planning certificates from your local council. This is required under the Conveyancing (Sale of Land) Regulation 2022.

Step 2: Establish an Objective Market Value

Avoid speculative agent appraisals, which are often inflated to win listings. Obtain an independent valuation from a registered valuer certified by the Australian Property Institute (API). This gives you an objective baseline for negotiation based on actual comparative sales data.

Step 3: Direct Negotiation and Exchange

Discuss price and terms directly with prospective buyers. Once agreed, your conveyancer coordinates the contract exchange.

The buyer pays the deposit, and the cooling-off period (if applicable) begins. Legal settlement occurs at the agreed date (usually 42 days later, or customized as needed).

If selling to a direct private buyer, they will typically waive the cooling-off period by providing a Section 66W certificate signed by their solicitor, making the exchange immediate and unconditional.

Seller Experience Case Study: Estate Executor Conveyancing

Sarah became the executor of her late father's estate in Paddington. Under the Succession Act 2006 (NSW), she was responsible for selling the terrace home and distributing proceeds to three beneficiaries. The home needed significant repairs, and the family disagreed on whether to spend money on styling and renovations.

To prevent family disputes, Sarah chose a private direct transaction. Her conveyancer prepared the contract. She contacted ROAME Australia, who evaluated the property in its current state.

ROAME submitted a firm offer with a flexible settlement clause allowing the family time to clear personal belongings. By selling directly for a clear market price, Sarah fulfilled her executor duties transparently, avoided styling and marketing fees, and completed the estate distribution without public stress.

NSW Conveyancing & Contract Disclosure Requirements (Section 52A)

Executing a private property sale in New South Wales requires strict adherence to the Conveyancing Act 1919 (NSW) and the Conveyancing (Sale of Land) Regulation 2022. Under Section 52A of the Act, a vendor must attach prescribed statutory disclosure documents to the Contract of Sale before the property is marketed or offered for sale.

Failure to attach these documents gives the purchaser the legal right to rescind the contract within 14 days of exchange, returning the deposit in full. The prescribed documents include:

- A current Land Registry Services title search copy showing any registered easements, covenants, or rights of way

- A copy of the registered plan for the land

- A Section 10.7 planning certificate from the local municipal council detailing zoning, development controls, and natural hazards

- A diagram showing sewer main locations from the local water authority (such as Sydney Water)

- A copy of the property card for strata units

Preparing these documents through a licensed conveyancer or solicitor prior to negotiating ensures legal compliance and transaction security.

Bypassing Agent Fees: Financial Realisation Analysis

Unlocking the maximum value of your property requires analyzing transactional costs. Traditional real estate agencies in Sydney charge commissions ranging from 1.5% to 3% of the sale price, plus marketing and auction levies. On a property valued at $1,800,000, a 2.5% commission equals $45,000.

When combined with standard $8,000 marketing packages (professional photography, portal listings, floorplans, and auctioneer hire), total out-of-pocket costs can reach $53,000.

In a direct private sale, these costs are bypassed completely. The purchaser pays the full agreed purchase price, and the seller pays only standard legal conveyancing fees (typically $1,500 to $2,500). Sourcing a direct buyer who inspects the property in "as-is" condition also eliminates the need for cosmetic renovations, staging, and styling, saving an additional $10,050.

Frequently Asked Questions

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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