Selling a Property: Conveyancing FAQs
PROPERTY SELLER FAQs. SIGN. SETTLED.
When should I engage a conveyancer before selling a property in NSW, VIC, QLD, SA or the ACT?
In NSW, you legally need a Contract for Sale prepared before your property can be advertised, so involve your conveyancer before you list with an agent. In Victoria, early engagement allows time to prepare the contract and required vendor disclosure statement. In Queensland, getting your conveyancer involved early helps ensure the contract, disclosure requirements and any special conditions are properly dealt with before you commit to a buyer. In South Australia, your conveyancer can help prepare the contract and required vendor disclosure documentation, including the Form 1. In the ACT, engaging a conveyancer before marketing is particularly important because sellers must have the required contract and disclosure documents available for prospective buyers.
Across all five jurisdictions, the safest approach is simple: engage your conveyancer before the property goes on the market, not after you receive an offer.
What documents are required before I can list my home for sale?
The documents you need depend on the state or territory where the property is located.
For NSW sellers, a compliant Contract for Sale must generally include:
- Title search and plan of the property
- Details of easements, covenants and restrictions
- Planning certificate
- Sewer diagrams
- By-laws for strata properties
- Pool compliance documentation, where applicable
We arrange the required searches and documents for you as part of preparing the contract.
In Victoria, sellers generally need a Contract of Sale and a Section 32 Vendor Statement, which discloses important information about the property, including title details, mortgages, easements, planning information, outgoings and relevant notices.
In Queensland, sellers are subject to mandatory property disclosure requirements, with prescribed information and documents needing to be provided to buyers before they enter into the contract.
In South Australia, sellers must provide a Form 1 Vendor’s Statement containing prescribed information about the property, including matters such as title, mortgages, easements, zoning and outgoings. For auction sales, the Form 1 must also be available for inspection before the auction. Consumer and Business Services
In the ACT, sellers have particularly extensive pre-sale disclosure obligations. A proposed contract and the required supporting documents must be available for inspection by prospective buyers while the property is being offered for sale. These documents can include title and lease information, planning and building information, and other prescribed reports and disclosures depending on the property. ACT Legislation Register
The exact documents vary between jurisdictions and property types, which is why it is best to engage your conveyancer before the property goes on the market.
How does Titlespace make the selling process easier?
We draft your contract to protect your interests, manage communication with agents and buyers, coordinate with your bank to discharge your mortgage, and handle settlement electronically. Plus, you’ll get real-time progress updates via the Titlespace app so you’re never left guessing.
How long does conveyancing take when selling a property?
Most settlements take 4-6 weeks after contracts exchange, but timing depends on the buyer’s finance and any conditions in the contract. If you need a faster or delayed settlement, we can negotiate that upfront.
Do I need to be present for settlement?
No. In NSW, Victoria, Queensland, South Australia and the ACT, most property settlements are completed electronically through an electronic conveyancing platform such as PEXA or, where available, Sympli. You do not need to attend settlement in person.
We coordinate the settlement process on your behalf, including dealing with the other side, your lender and the electronic settlement workspace. Once settlement is complete, we’ll confirm that the transaction has gone through and let you know what happens next.
How is the deposit handled when selling?
The buyer’s deposit is usually held in the agent’s trust account until settlement. If you need early access (for example, to fund your next purchase), we can negotiate a release clause in the contract.
Do I need to leave appliances, furniture, or fixtures?
Only if they’re listed as inclusions in the contract. If you want to keep something, make it clear before contracts are signed. We’ll confirm inclusions and exclusions to avoid disputes at settlement.
When should I book removalists when selling?
Once settlement is confirmed. We recommend scheduling for the day before or morning of settlement so you can vacate on time and avoid breaching the vacant possession requirement.
What does 'vacant possession' mean for a seller?
It means the buyer must receive the property empty of occupants and personal belongings. If selling with vacant possession, you must remove all goods (except inclusions) and hand over the property in substantially the same condition as at exchange, fair wear and tear excepted.
What if my property is tenanted when I sell?
What if my property is tenanted when I sell?
You can usually sell a property with the tenant remaining in place or sell it with vacant possession, but the tenancy needs to be managed carefully and the notice requirements differ between jurisdictions.
In NSW, Victoria, Queensland, South Australia and the ACT, the required notice period can depend on factors such as whether the tenancy is fixed-term or periodic, the reason for ending it, and when the tenancy agreement was entered into. Selling the property does not automatically end the tenancy.
We can advise you on the relevant tenancy requirements and timing so that the contract, notice to the tenant and settlement date are aligned, particularly where the buyer requires vacant possession.
What if the buyer's pre-settlement inspection finds a problem?
If there’s damage or an inclusion missing, the buyer can request repairs, replacement, or a financial adjustment. We’ll negotiate to protect your position while ensuring settlement proceeds.
Do I need to keep the property insured until settlement?
Yes. The property remains at your risk until settlement is complete. Keeping insurance avoids disputes and financial loss if damage occurs before handover.
How are rates and levies adjusted on settlement?
We calculate adjustments so you only pay for the period you owned the property. Any unpaid rates, water bills, or strata levies are deducted from the buyer’s funds at settlement.
How is my mortgage discharged when I sell?
We coordinate with your lender to prepare a Discharge of Mortgage, lodge it electronically, and ensure repayment is made at settlement from the buyer’s funds.
What happens to the deposit and sale proceeds after settlement?
The agent deducts their commission from the deposit. At settlement, the remaining balance is used to:
- Pay out your mortgage
- Cover outstanding rates or levies
- Pay legal and PEXA fees
- Transfer any surplus funds to your nominated account
What if the buyer delays settlement?
If the buyer fails to settle on time, you may be entitled to penalty interest or, in serious cases, termination and retention of their deposit. We act quickly to enforce your rights and minimise loss.
Can I sell my property if I'm interstate or overseas?
Yes. Titlespace handles everything digitally, from contract preparation to settlement, with secure ID verification. No in-person meetings are needed.
What's included in Titlespace's fixed conveyancing fee for sellers?
All legal work from contract preparation to settlement. Search fees and government charges are billed at cost and quoted upfront. Our 100% satisfaction guarantee means if you’re not happy, we refund our legal fees.
How quickly can Titlespace prepare my Contract for Sale?
In NSW, we can often prepare a compliant Contract for Sale within 48 hours once we have your property details and all the required documents. In Victoria, Queensland, South Australia and the ACT, timing can vary depending on the property and the disclosure documents, searches and certificates required.
We move quickly to prepare the contract and required disclosures so you can get your property market-ready as soon as possible.
