Selling Your Property

Neilson & Co Legal—Your Local Property Law Experts

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Whether you’re selling a family home, investment property, or rural estate across Maitland, Newcastle, or the Hunter Valley, we make the process clear, professional, and stress-free. Selling property in NSW involves legal complexities and strict contract requirements. We guide you through every step, from preparing your Contract of Sale to final settlement, so you can focus on your next move.

Preparing the Contract of Sale

By law, a valid Contract of Sale must be prepared before advertising your property. Here’s how we help:

  • Complete our Seller Form or call us directly.

  • We collect property details and order mandatory certificates (title search, zoning, council information).

  • Draft your Contract of Sale within 2–5 business days and provide it to your real estate agent.

Accepting an Offer

With your real estate agent’s help, you’ll negotiate and agree on a sale price. Once an offer is accepted:

  • We send the contract to the buyer’s legal team.

  • Both parties sign, and the property is officially under contract.

  • The buyer pays a deposit—commonly 10% or a negotiated figure.

Important: If selling at auction, deposits are usually paid on the day.

Cooling Off Period

In private sales, NSW law provides a 5–10 business day cooling-off period:

  • Buyers can withdraw but forfeit 0.25% of the sale price.

  • This period allows buyers to complete final checks—protecting both parties.

At auction, there is no cooling-off period. Sales are unconditional once the hammer falls.

Selling at Auction

We prepare you legally for auction day:

  • Draft your auction-ready Contract of Sale.

  • Ensure any mortgage discharge is organised.

  • Liaise with your lender for settlement attendance.

Final Inspection

Before settlement, buyers complete a final inspection. Make sure:

  • The property is vacant and clean.

  • All rubbish and personal items are removed.

  • Outstanding bills and levies are paid.

We’ll remind you of key deadlines to avoid settlement delays.

Settlement

During settlement, we manage:

  • Legal transfer of ownership.

  • Receiving sale proceeds.

  • Coordinating with your bank, agent, and buyer’s solicitor.

Standard NSW settlement periods are six weeks, but we’ll adjust based on your needs. Once complete, your real estate agent issues final invoices and disburses funds..

GET IN TOUCH

Two women are standing outdoors, smiling and looking at each other, with trees and overcast sky in the background. Louise Neilson - Neilson and Co Legal - The Hunter Valley, Maitland and Newcastle.

6 Steps to Selling a Property

Step 1:
Complete our Seller Form—so we can start drafting your Contract of Sale.
Step 2:
We create your Contract of Sale, including all legally required certificates.
Step 3:
Once an offer is accepted or auction won, contracts are signed, and deposits are paid.
Step 4:
Buyers conduct final inspections; we ensure all legal obligations are in place.
Step 5:
Settlement occurs—ownership is transferred, keys are handed over.
Step 6:
Final agent invoices are issued; funds are disbursed to you.

How We Help

Drafting the Contract

We draft watertight Contracts of Sale to avoid last-minute surprises—ensuring every clause, inclusion, and exclusion is clear.

Negotiating a Fair Deal

We assist in negotiations—whether it’s price, settlement conditions, or inclusions like garden furniture or appliances.

Sorting the Loan

We handle mortgage discharges and liaise with your lender—ensuring seamless settlement even if there’s a mortgage attached.

We Fast-Track Your Matter

Time is money in real estate. Our Newcastle, Maitland, and Hunter Valley property lawyers work efficiently to get your property sold quickly and correctly.