Conveyancing FAQs for Sellers.
PROPERTY SELLER FAQs. SIGN. SETTLED.
When should I engage a conveyancer before selling a property in NSW, VIC, or QLD?
In NSW, you legally need a Contract for Sale before your property can be marketed, so get us involved before you list with an agent. In VIC and QLD, early engagement still gives us time to prepare vendor disclosure documents, check title details, and negotiate favourable terms with buyers.
What documents are required before I can list my home for sale?
For NSW sellers, a compliant Contract for Sale must include:
- Title search & plan of the property
- Details of easements, covenants, restrictions
- Planning certificate
- Sewer diagrams
- By-laws for strata properties
Pool compliance certificate (if applicable)
We order all of these (except tenancy agreements) for you. VIC and QLD have their own disclosure rules, which we’ll prepare to ensure compliance before marketing begins.
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, VIC, and QLD, settlements are completed electronically via PEXA or Sympli. We handle the process start to finish, and you’ll receive confirmation once funds have cleared and title transfer is complete.
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?
You can sell with the tenant in place or provide vacant possession, but you must follow state tenancy notice requirements. We’ll advise on notice periods in NSW, VIC, and QLD so that settlement aligns with 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 within 48 hours once we have your property details snf all the required documents. In VIC and QLD, timelines depend on required disclosure documents, but we move quickly to get you market-ready.
