Selling property shouldn’t be stressful. GKE Lawyers handles all legal requirements from compliant contract preparation to smooth settlement, protecting your interests with transparent fixed fees and expert guidance. We understand timing matters and prevent deals from falling through over legal technicalities.
Whether you’re selling through auction, private treaty, or direct sale, our Sydney-based team makes the legal side straightforward.
Property lawyers protect sellers from disputes, financial penalties, and transaction delays that conveyancers often can’t prevent. We prepare legally compliant contracts, review buyer offers, negotiate terms, and manage all communication with the buyer’s solicitor. Our involvement ensures NSW Conveyancing Act requirements are met completely, protecting you from future claims or complications.
The difference between a solicitor and a conveyancer becomes critical when problems arise during your sale. Conveyancers handle routine paperwork but cannot provide legal advice or represent you in disputes with buyers, agents, or financial institutions. A property lawyer brings full legal training to complex negotiations, contract amendments, and any conflicts that threaten your transaction.
GKE’s expertise prevents common seller mistakes that cost thousands or derail sales completely. We identify issues before you list the property, draft contracts that protect your interests, and respond quickly when buyers raise concerns or attempt unfair negotiations. Many sellers don’t realise how exposed they are without proper legal representation until problems emerge.
Drafting a compliant contract of sale before listing a property is legally required in NSW and protects you from buyer claims. The contract must include accurate property details, zoning information, special conditions, and clear terms regarding settlement and possession. Incomplete or incorrect contracts give buyers grounds to withdraw or sue for misrepresentation.
Required documents include a current title search, Section 10.7 planning certificate from council, a recent property report if in a strata scheme, and disclosure of any easements or restrictions. You’ll also need to specify what’s included in the sale, from curtains and light fittings to outdoor structures and appliances. Missing documents delay listing and create opportunities for buyers to negotiate lower prices.
GKE ensures your contract meets every NSW Conveyancing Act requirement while protecting your position. We draft clear terms and conditions that prevent disputes, include appropriate special conditions for your circumstances, and provide buyers with all legally required disclosure. Our thorough preparation means your property is listed correctly from day one.
Selling a property in NSW follows specific legal steps that we manage on your behalf:
We draft your contract, including all required documents, ensuring full compliance with NSW law. This happens before you engage a real estate agent or list the property for sale.
Once your contract is ready, you can list the property via auction or private treaty. We review your agency agreement and advise on any concerning terms or fees and charges.
When you receive offers, we review proposed terms, negotiate changes to protect your interests, and arrange a formal exchange. Exchanged contracts legally bind both parties to complete the sale.
For private sales, buyers have a cooling-off period where they can withdraw from the sale with minimal penalty. We manage this period and respond if buyers attempt to exit improperly or raise unwarranted concerns.
On settlement day, we coordinate fund transfer, mortgage discharge, and property title transfer. Ownership of the property is passed to the buyer once all legal requirements are satisfied and Land Registry Services registers the new title.
GKE Lawyers handle all communication with the buyer’s conveyancer or solicitor, your lender, and real estate agents throughout the sale. You don’t deal with legal complexity or time-consuming back-and-forth.
The NSW cooling-off period gives buyers five business days after exchanging contracts to withdraw from private treaty sales. Sellers receive 0.25% of the sale price if buyers exit during this window, but this rarely compensates for the time lost and potential market changes. The cooling-off period doesn’t apply when property is sold at auction, giving sellers more certainty about completion.
Most buyers use the cooling-off period to arrange finance approval, conduct building and pest inspections, or simply reconsider their purchase. Sellers can’t prevent buyers from using these rights, but we can ensure buyers don’t abuse the system or manufacture excuses to exit deals unfairly.
GKE helps you understand your obligations during the cooling-off period and responds professionally to buyer concerns. We can also negotiate a waiver of cooling-off rights when buyers want to demonstrate they’re serious, giving you stronger protection against deal collapse
Selling a rental property involves additional legal considerations around tenant rights, lease agreements, and required notice periods. NSW law requires sellers to provide specific notice to tenants and disclose tenancy arrangements to potential buyers. Failing to follow correct procedures can result in penalties or give buyers grounds to withdraw.
Timing your sale around existing leases requires careful planning. You might sell with a tenant in place, giving buyers an immediate income-producing asset, or wait for lease expiry to offer vacant possession. Both approaches have legal and financial implications that we help you navigate based on your circumstances and market conditions.
Disclosure obligations extend beyond standard property information when you’re selling tenanted properties. Buyers must know lease terms, rental amounts, bond details, and tenant rights that will transfer with ownership. We ensure your contract includes all required information and protects you from future tenant or buyer claims.
Investment property sales may also trigger capital gains tax (CGT) obligations that don’t apply to your main residence. We work with your accountant to ensure proper documentation and coordinate timing considerations.
GKE assists with important tasks after settlement is complete:
Many sellers find value in retaining GKE for estate planning, future property purchases, or other legal services after experiencing our professionalism during their sale.
GKE Lawyers brings specialised expertise to every property transaction across Sydney and NSW:
Local Sydney Property Experience: We understand local market conditions, council requirements, and regional variations in NSW property law
Transparent Fixed-Fee Pricing: Know exactly what legal fees you’ll pay upfront, with no hidden costs or surprise bills at settlement
Efficient Communication: We coordinate smoothly with buyers’ solicitors or conveyancers, real estate agents, lenders, and other parties to keep your sale on track
End-to-End Service: Whether you’re selling a residential property, rental property, or commercial holding, we provide comprehensive legal support from contract preparation through to settlement
Our track record includes thousands of successful property sales throughout Sydney, from first-time sellers to experienced investors managing complex portfolios.
Ready to sell your home? Let’s make your sale legally secure and stress-free. Our team responds quickly to questions, provides clear advice, and handles all legal complexity while you focus on planning your next move. Click the button below to get in contact with us now about selling your property, or fill out the form below and let’s get your transaction sorted!
You’ll need a current title search, Section 10.7 planning certificate from your local council, and strata property report if applicable. Additional documents include warranties for recent building work, product disclosure statements for any pool or spa, and disclosure of easements or restrictions. GKE obtains all required documents and prepares your contract of sale to meet NSW requirements.
The cooling-off period gives buyers five business days to withdraw from private treaty sales while paying you 0.25% of the sale price. This can delay your plans and force you to relist the property, though it’s uncommon when buyers are properly qualified. Properties sold at auction aren’t subject to cooling-off rights, which is why many sellers prefer the auction process for valuable or sought-after homes.
The steps involved include preparing a compliant contract of sale, listing the property through your chosen method, negotiating with potential buyers, exchanging contracts, managing the cooling-off period (if applicable), and completing settlement. GKE Lawyers handles each stage, ensuring you meet NSW legal requirements and protecting your interests throughout the transaction.
You receive the sale price on settlement day after your lender discharges your home loan and we deduct legal fees and any outstanding costs. The settlement process typically takes 30-90 days from the exchange of contracts, though you can negotiate shorter or longer periods. We coordinate with all parties to ensure smooth fund transfer and property title transfer on the agreed date.
The next steps depend on your situation. If you’re buying another property, we can manage that transaction simultaneously. If it’s an investment sale, speak with your accountant about CGT implications and timing. We provide all documentation for your records and remain available for future property transactions or related legal services as your circumstances evolve.
