Selling your home is a major financial decision — and one that can quickly become stressful without the right guidance. At Thornton + King, our experienced property lawyers handle every legal aspect of your residential property conveyancing, ensuring your sale proceeds smoothly from listing to settlement.
Whether you’re selling a family home, investment property, or strata apartment, we make the law simple so you can focus on your next move.
Why You Need a Property Lawyer When Selling a House
Many sellers assume a conveyancer is all that’s required to prepare the contract and handle the transfer. But selling property often involves legal issues that go well beyond basic conveyancing.
A property lawyer can:
Review and prepare the contract for sale to ensure it complies with NSW legislation and protects your interests.
Identify and manage legal risks such as unapproved structures, boundary disputes, or easements.
Negotiate variations or special conditions, including early release of deposit or rent-back arrangements.
Resolve disputes if the buyer fails to complete, rescinds, or raises requisitions that affect settlement.
Advise on tax, trust or family law implications, which a conveyancer cannot.
A conveyancer can assist with the administrative process, but only a solicitor can provide legal advice or act for you if something goes wrong.
The Property Sale Process in NSW
Every sale is different, but most residential property conveyancing matters follow these steps:
Preparing the Contract for Sale
Before you can advertise your property, NSW law requires a valid Contract for Sale to be available. We prepare this for you, ensuring all prescribed documents — such as title searches, zoning certificates and drainage diagrams — are attached.
Negotiation and Exchange
Once an offer is accepted, we negotiate any amendments to the contract and manage the formal exchange between solicitors or agents.
Cooling-Off Period
Residential contracts may include a statutory cooling-off period. We explain your rights and obligations so there are no surprises.
Pre-Settlement Preparation
We handle requisitions, discharge of mortgage, settlement adjustments and transfer documentation, ensuring all parties are ready for completion.
Settlement and Post-Completion
We coordinate settlement — now usually done electronically via PEXA — and confirm that your sale proceeds are received and your mortgage is discharged.
Common Issues When Selling a House
Even straightforward sales can present challenges. We regularly assist clients with:
Buyers seeking extensions or price adjustments
Building or pest report disputes
Delays in discharge of mortgage or settlement
Missing compliance certificates for pools or renovations
Buyers defaulting or failing to complete
Having a lawyer from the outset means you have someone who can step in immediately to protect your position and minimise financial loss if a dispute arises.
Fixed Fees and Clear Communication
We offer transparent fixed fees for most residential sales. If unexpected issues arise, we’ll explain the situation clearly, provide options, and confirm any additional costs before proceeding.
Why Choose Thornton + King
Multiple accredited specialists in property law
Decades of combined conveyancing and legal experience
Practical, commercial and client-focused advice
Offices conveniently located across Sydney
FAQs About Selling a House in NSW
Do I need a contract before listing my property?
Yes. Under NSW law, you can’t advertise a residential property for sale until a valid Contract for Sale is prepared.
What happens if the buyer pulls out after exchange?
If the buyer rescinds within the cooling-off period, they usually forfeit 0.25% of the purchase price. If they default after the cooling-off period, you may be entitled to keep the deposit or seek further compensation.
How long does settlement take?
Most settlements occur 6 weeks after exchange, though timing can vary depending on the buyer’s finance and other factors.
Talk to a Property Lawyer Today
If you’re planning to sell your home or investment property, get in touch with our Sydney property law team.
We’ll prepare your contract, guide you through every step of the conveyancing process, and make sure your sale is handled efficiently and correctly from start to finish.
Thornton + King — making property law simple.
