Property Law NSW Sellers: Owner Guide

Under the Conveyancing (Sale of Land) Regulation 2022, contracts must include title searches proving ownership, Section 10.7 zoning certificates, and Sydney Water drainage diagrams. Failing to attach these gives the buyer a statutory 14-day cancellation right, allowing them to rescind the contract and recover their deposit in full.

Sellers must warrant that the property complies with smoke alarm regulations under the Environmental Planning and Assessment Act 1979. Additionally, if the property features a swimming pool or spa, the seller must attach a valid Certificate of Compliance or Occupation Certificate issued within the past 3 years, or a Certificate of Non-Compliance. Failing to attach this certificate gives the buyer a 14-day rescission right.

All standard property transfers in NSW are mandated to settle electronically via PEXA. Your conveyancer creates the digital workspace, verifies your identity (Verification of Identity - VOI), uploads contract details, and coordinates the final fund transfer, discharging existing mortgages online in real time.

Under the Income Tax Assessment Act 1997, Capital Gains Tax applies to the sale of residential property in Australia unless the main residence exemption is claimed. If the property was used as an investment, CGT is calculated based on the difference between the sale price and the property's cost base.

The cost base includes the original purchase price, stamp duty, legal fees, and capital renovation costs. Sourcing a tax accountant early ensures you calculate this cost base correctly.

Direct off-market transactions allow you to plan exchange and settlement dates to align with your personal tax brackets, minimizing tax.

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

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

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.

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.

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.