Property Lawyer Advice: Three Things You Need to Do Before Selling Your Property

Selling your home or investment property can be an exciting step — but if you are not legally prepared, it can quickly become stressful, delayed, and expensive.

Many sellers focus on presentation, marketing, and price, while overlooking the legal foundation that actually allows the sale to happen. Before you list your property or accept an offer, there are three critical steps every seller should take to make sure the sale proceeds smoothly, legally, and profitably.

1. Prepare a Legally Compliant Contract of Sale

Before your property can be advertised or shown to buyers, you must have a contract of sale prepared by a qualified conveyancing solicitor.

This is not just good practice — it is a legal requirement in the ACT, NSW, and Victoria. Without it, your real estate agent cannot lawfully market the property or accept offers.

What the contract must include

Your conveyancer will prepare and attach:

• A title search confirming you are the registered owner
• Zoning and planning certificates from the local council
• Sewer and drainage diagrams
• Any easements, covenants, or restrictions affecting the land
• Lists of inclusions and exclusions (what stays and what goes)
• Required statutory disclosure documents for your state

If the property is a unit, townhouse, or apartment, extra documents such as owners corporation or body corporate records will also be needed.

Why it matters

Having a contract ready before listing saves you valuable time once a buyer shows interest. It also ensures that your property is marketed legally, which protects both you and your agent from potential penalties.

A professionally drafted contract gives buyers confidence and signals that you are organised, serious, and ready to proceed — increasing your chance of a faster sale.

Velocity Conveyancing can prepare your contract quickly and accurately, ensuring full legal compliance across ACT, NSW, and Victoria.

2. Conduct Key Legal and Property Checks

Before you go to market, it pays to know exactly what might affect your sale. Unresolved issues can slow down the transaction or give buyers a reason to walk away later.

Your property lawyer will help you identify and resolve these issues early through a few essential checks.

a) Verify the property title and encumbrances

A title search will show if there are any mortgages, caveats, or encumbrances registered on the property. If these are not cleared before settlement, your sale can be delayed or even collapse.

Your solicitor will arrange for mortgage discharge with your lender and ensure any caveats are properly withdrawn.

b) Check for unapproved building work

If you have renovated, added a deck, converted a garage, or made any structural change without council approval, disclose it now — not after contracts are exchanged.

Your lawyer can help determine whether retrospective approval is needed or whether you should disclose the work as-is. Failing to disclose can give buyers the right to terminate or demand compensation.

c) Review planning and zoning certificates

Zoning determines what your property can be used for and what future development is allowed. If there are heritage listings, flood risks, or easements, these must appear in the contract. Your conveyancer ensures that all searches are up to date.

d) Organise compliance certificates

Make sure your property complies with all current safety and environmental requirements, such as:

• Smoke alarms
• Pool fencing and safety certificates (where applicable)
• Energy efficiency ratings (ACT)

Completing these checks before listing prevents nasty surprises and demonstrates to buyers that your property is well maintained and compliant.

3. Understand Your Disclosure Obligations

Every seller in Australia has a legal duty to disclose certain information to buyers before the sale is completed. What you must disclose depends on the state or territory where the property is located.

Common disclosures include

• Easements and covenants
• Outstanding rates or land tax
• Zoning and planning restrictions
• Unapproved building work
• Environmental or contamination notices
• Body corporate details and levies (for units and apartments)

Your conveyancing solicitor will identify the disclosure rules that apply to your property and make sure your contract satisfies all statutory requirements. Missing a mandatory disclosure can give the buyer the right to withdraw — even after exchange — or to seek damages.

Example: ACT and NSW sellers

In the ACT and NSW, the contract must include all mandatory certificates and disclosure documents before the property is advertised. If any are missing, the buyer may terminate the contract within 14 days of exchange.

Example: Victoria sellers

In Victoria, a Section 32 Vendor Statement is required before you can offer the property for sale. This document discloses all relevant information about the property and must be accurate and complete.

Getting these right from the start saves time and avoids costly disputes later.

Bonus Step: Prepare Financially and Logistically for Settlement

Once your property sells, settlement is when ownership officially transfers to the buyer. Having your financial and logistical arrangements in place early will make this process seamless.

Key things to prepare:

• Mortgage discharge: Notify your bank early so the release can be arranged in time for settlement.
• Outstanding rates and utilities: Ensure all payments are up to date so the final adjustments are simple.
• Insurance: Keep your property insured until the settlement is finalised.
• Move-out planning: Coordinate removalists and property handover dates to align with settlement timing.

Your conveyancer will guide you through each step and confirm the exact settlement statement showing all final figures.

Why Doing These Steps Early Saves You Time and Stress

Here is what typically happens when sellers skip early preparation:

• The agent cannot legally list the property because the contract is not ready.
• The buyer’s solicitor identifies missing certificates, causing delays.
• Title issues or old mortgages are discovered late and postpone settlement.
• The buyer’s confidence drops, leading them to renegotiate or withdraw.

All of this can be avoided by engaging a property lawyer early and completing these three steps before your first open home.

How Velocity Conveyancing Helps Sellers Get Sale-Ready

Velocity Conveyancing has been helping Australians buy and sell property since 1968, specialising exclusively in residential conveyancing.

When you work with Velocity, you can expect:

• A compliant, ready-to-use contract of sale prepared before listing
• Fixed, transparent legal fees with no hidden costs
• Fast turnaround for all certificates and searches
• Experienced property lawyers who understand your state’s disclosure laws
• Direct communication with your real estate agent to coordinate the process
• Guaranteed fee-beat promise on any comparable quote

Our team handles everything — from contract preparation to final settlement — so you can focus on your sale, not the paperwork.

A Simple Pre-Sale Checklist for Sellers

Velocity Conveyancing can help you complete every step efficiently, ensuring your property is legally ready to sell from day one.

Sell With Confidence and Legal Clarity

Selling your property should be straightforward — not filled with last-minute complications. When you take care of the legal groundwork early, you give buyers confidence, speed up negotiations, and protect yourself from costly setbacks.

Whether you are selling in the ACT, NSW, or Victoria, Velocity Conveyancing’s experienced lawyers will prepare your contract, guide your disclosures, and manage your sale from start to finish.

Get a free quote today or call 1300 483 562 to speak with one of our property lawyers.

Selling your property begins with the right legal foundation — and Velocity makes it simple, secure, and stress-free.