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.
Key takeaways
- A contract for sale must be prepared before your property is advertised.
- If a required document is missing, the buyer may be able to rescind within 14 days of exchange.
- Have your agency agreement reviewed before you sign. You can cancel it until 5pm on the next business day or Saturday.
- Apply for an ATO clearance certificate early, or the buyer must withhold 15% of the price at settlement.
- From 17 November 2026, every residential sale ad must include a price or price range.
On this page
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
| When | What to do |
|---|---|
| Before choosing an agent | Talk to your lawyer about the contract, title and any building or approval issues |
| Before signing the agency agreement | Have the agreement reviewed and confirm the estimated selling price |
| Before advertising | Contract prepared with all required documents attached |
| As soon as you decide to sell | Apply for an ATO clearance certificate and check your land tax position |
| When an offer comes in | Get advice on the buyer’s terms, the deposit and any request for cooling-off changes |
| After exchange | Arrange your mortgage discharge and prepare for settlement |
Frequently asked questions
Can I advertise my property before the contract is ready?
No. In NSW the contract must be prepared before the property is advertised, whether you sell through an agent or privately.
Do I need a clearance certificate if I’m an Australian resident?
Yes. Without one, the buyer must withhold 15% of the price at settlement and pay it to the ATO. Australian residents can apply online.
Can I get out of an agency agreement?
During the cooling-off period, yes, by written notice before 5pm on the next business day or Saturday. After that it depends on the agreement’s terms, so have it reviewed before you sign.
Do sellers get a cooling-off period in NSW?
No. Once contracts are exchanged, the seller is bound. Cooling-off rights belong to the buyer.
How long does settlement usually take?
Around six weeks after exchange is typical, but you can negotiate a different date.
Selling in NSW?
Talk to our property team
Property & Conveyancing
Our team can prepare your contract, review your agency agreement before you sign, sort out your clearances and handle the sale through to settlement, so your property is ready to go to market without legal hold-ups.
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.
Related guides
Table of Contents
Posted in Buying Property, Selling Property