Seller’s guide · NSW

Selling a house in NSW: what to sort out before you sign with an agent

In NSW, the legal work on a sale starts before the first open home. Here’s what needs to be ready before your property is advertised, and what to check before you sign with an agent.

Most sellers think about a lawyer once they have a buyer. In NSW that’s too late. Your contract must be ready before the property is advertised, and the agency agreement you sign at the start shapes the whole campaign.

New underquoting rules also start on 17 November 2026, which changes how agents set and advertise your price. Here’s what to sort out before you list. If you’d like us to handle it, see our selling a property service.

Your contract must be ready before you advertise

In NSW, a contract for sale has to be prepared before your property is advertised, whether you use an agent or sell privately. Your lawyer prepares it, and certain documents must be attached, including:

• A title search, the registered plan and any dealings, such as easements or covenants
• A drainage diagram
• A planning certificate from your council under section 10.7 of the Environmental Planning and Assessment Act 1979
• For a pool or spa, a certificate of compliance, a recent occupation certificate with proof of registration, or a certificate of non-compliance (lots in strata schemes of more than two lots are exempt)
• The buyer’s cooling-off statement in the prescribed form

If a required document is missing, the buyer may be able to rescind the contract within 14 days of exchange. That’s an easy way out to hand a buyer who’s having second thoughts. The NSW Government sets out the requirements.

Getting the contract done early also lets you deal with problems before buyers find them. Unapproved building work, a missing occupation certificate or a fence in the wrong place are much easier to handle before marketing than halfway through a negotiation.

Check the agency agreement before you sign

Before an agent can advertise your property, you must sign a written agency agreement. It sets the commission, marketing costs, how long the agency lasts and the agent’s estimated selling price. These are the parts we look at closely:

• Whether the agency is exclusive, for how long, and what happens if you want to end it early
• When commission is payable, and whether you could end up owing two agents if you switch
• Marketing costs, and whether you pay them even if the property doesn’t sell
• The estimated selling price, which now limits what the agent can advertise

You have a short cooling-off period after signing. It ends at 5pm on the next business day or Saturday, and you can cancel by giving the agent written notice in that time. You can only waive it if the agent gave you the proposed agreement and the Fair Trading guide at least one business day before you signed.

Tell your agent about material facts

Agents in NSW must disclose certain material facts to buyers if they know or ought reasonably to know about them. They include flooding from a natural weather event or bushfire in the last five years, significant health or safety risks, external combustible cladding, and building orders such as rectification, prohibition or stop work orders.

In practice, your agent relies on you. Most agency agreements ask you to disclose these facts up front. Being open early protects the sale. A buyer who finds out later may have a claim.

How the new price guide rules affect you

From 17 November 2026, every residential sale ad must include a selling price or price range. If a range is used, the top can’t be more than 10% above the bottom. Your agent must base the estimated selling price on the three most comparable sales and keep records of how it was worked out. The NSW Government has confirmed the start date.

There’s a catch sellers need to understand. Once you reject an offer, your agent can’t advertise a price below it. The same applies to the highest bid at an auction that doesn’t sell. If you turn down an early offer and the market softens, you may not be able to bring the advertised price down to meet it. The real estate industry has warned this could make it harder to adjust price expectations mid-campaign.

So think carefully about early offers, and talk to your agent about the estimated selling price before you sign. From 8 February 2027, agents will also need to provide a Statement of Information showing the comparable sales behind the price.

Clearances that can hold up settlement

ATO clearance certificate

For contracts signed from 1 January 2025, the buyer must withhold 15% of the price and pay it to the ATO unless you give them a clearance certificate by settlement. This applies to every property sale, whatever the price, including your own home. Australian residents can apply online through the ATO. Apply as soon as you decide to sell.

Land tax

If the property is subject to land tax, any outstanding amount must be cleared before it can be sold. Check your position early. Our land tax guide explains how it works.

Your mortgage

Your lender will need to discharge the mortgage at settlement. Ask them early about their discharge process and any break costs, especially on a fixed-rate loan. Talk to your accountant about any capital gains tax too.

Rates, water and other outgoings are adjusted between you and the buyer at settlement. Our guide to settlement adjustments explains how.

A simple timeline for sellers

Frequently asked questions

This article is general information only and is not legal advice. It reflects NSW law at the date of publication. Please contact us for advice about your circumstances.

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