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Residential Sales

Acting for vendors, including preparation of the contract for sale of land, vendor disclosure, special conditions and settlement.

Selling a Residential Property

A clean, well prepared contract attracts better offers and reduces the risk of a deal falling over after exchange. The contract for sale of land in NSW carries strict vendor disclosure obligations, and missing documents can give the buyer a right to rescind. We prepare contracts promptly so the property can go on the market without delay, and manage the sale through to settlement.

Preparing the Contract for Sale

A property cannot be marketed for sale in NSW without a contract available for inspection. We prepare the contract with tailored special conditions so listing is not delayed and the terms suit your circumstances.

Documents and Disclosures Required

The standard prescribed documents include the title search, deposited plan, section 10.7 planning certificate, sewer service diagram and any swimming pool or strata documents that apply to the property. Getting these right at the outset avoids disputes later.

Managing Your Sale From Listing to Payout

Marketing, Enquiries and Negotiation

Once the property is listed, we respond to requisitions and enquiries from prospective buyers and their solicitors, liaise with your agent on offers, and negotiate special conditions including settlement timing before exchange.

Deposit and Cooling-Off

We advise on the deposit amount, how it is held, and the cooling off period that applies to private treaty sales, including the position where the buyer provides a section 66W certificate.

Settlement Preparation and Mortgage Discharge

In the lead up to settlement we calculate adjustments for rates, water and strata levies, respond to final pre settlement enquiries, and coordinate with your lender so any mortgage discharge is ready and does not hold up the sale.

Settlement and Release of Funds

Settlement takes place electronically, with the mortgage discharged, the buyer's funds received and your net proceeds released promptly once the transaction completes.

Our process

How a matter of this kind moves from first contact to outcome.

Prepare the Contract

We draft the contract for sale with all required disclosure documents attached.

List and Negotiate

We liaise with your agent on offers and negotiate terms with prospective buyers.

Exchange Contracts

Once terms are agreed, contracts are exchanged and the deposit is secured.

Discharge Preparation

We arrange the mortgage discharge with your lender ahead of settlement.

Settlement

Settlement is completed electronically and your net proceeds are released.

How Shah & Co Lawyers can assist

We handle the paperwork and negotiation so your sale runs smoothly from listing to payout.

Contract Preparation

Preparing the contract for sale with all required disclosure documents.

Special Conditions

Drafting terms tailored to the property and your circumstances.

Agent Liaison

Working with your agent through negotiations and exchange.

Requisition Responses

Replying to enquiries raised by the buyer's solicitor.

Mortgage Discharge

Coordinating with your lender so the discharge is ready for settlement.

Settlement and Payout

Electronic settlement and prompt release of your net proceeds.

Documents we prepare and check

  • Title search, deposited plan and section 10.7 planning certificate.
  • Sewer service diagram and any required pool or strata records.
  • Special conditions tailored to your circumstances and the property.
  • Adjustment figures for rates, water and levies.
  • Discharge authority for your existing mortgage.

Frequently asked questions

General information only. Every matter turns on its own facts.

Need Legal Advice?

Get your contract for sale prepared without delay.

Arrange a confidential consultation. Discreet, professional and tailored to your circumstances.