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The rule
Section 63 of the Property and Stock Agents Act 2002 makes it an offence to offer a residential property for sale before a Contract for Sale has been prepared and is available for inspection. It applies to agents and to owners selling privately alike.
In practice, advertising means anything that offers the property to the market. A portal listing, a signboard, a social media post and an open home all count. Preparing photography and drafting the listing copy do not, because nothing has been offered yet.
The practical consequence is a sequence, and it only runs one way. Engage your conveyancer, let them assemble the contract, then advertise.
What has to be attached
The contract is not a single page. A set of prescribed documents must be attached to it, and the exact list depends on the property. Your conveyancer will tell you which apply to yours and will order most of them on your behalf.
- A current title search showing the registered proprietor and any dealings on the title
- The registered plan that created the lot
- A section 10.7 planning certificate from the local council, showing zoning and any restrictions
- A sewerage service diagram from the relevant water authority
- Strata documents, including the by-laws and the strata plan, where the property is in a scheme
- A swimming pool certificate of compliance or non-compliance, where there is a pool
- Any other document the regulations require for the particular property
Who prepares it
Your conveyancer or solicitor. This is legal work and cannot be done by you, by an agent, or by a platform.
You supply the facts about the property. They assemble the contract, order the certificates, and advise you on the terms that are yours to set, including the settlement period and any special conditions.
The buyer's conveyancer will review the contract and may ask for amendments before exchange. That negotiation happens between the two legal representatives, not between you and the buyer.
How long it takes
Two to three weeks is typical, and most of that is waiting on third parties rather than on your conveyancer. The section 10.7 certificate comes from the council and the sewerage diagram from the water authority, and each has its own turnaround.
Strata properties take longer, because the strata records have to be inspected and the certificate obtained from the owners corporation or its managing agent.
The delay is predictable, which means it can be planned around. Instructing your conveyancer at the same time as you start preparing the property is what keeps the two tracks aligned.
What you have to disclose
A vendor is required to disclose certain matters affecting the property, and the contract carries implied warranties about the state of the title and about adverse affectations.
Failing to disclose something that should have been disclosed can give the buyer a right to rescind, and in some cases to claim compensation. This is not an area to guess in. Tell your conveyancer everything you know about the property, including anything you suspect might matter, and let them decide what has to go in.
Unapproved building work is the most common example. If a structure was built or altered without council approval, that is a matter for your conveyancer to advise on before the contract is prepared, not something to raise after a buyer has made an offer.
What happens if you advertise too early
Marketing before the contract exists is an offence carrying a penalty, and it also creates a practical problem. A buyer who wants to move quickly cannot be given a contract to review, so the momentum from the first week of a campaign is wasted.
The usual version of this mistake is booking photography, publishing the listing, and only then instructing a conveyancer. The listing then has to come down or sit in breach while the certificates are ordered.
The order that works is the reverse. Instruct the conveyancer first, prepare the property while the contract is being assembled, and publish once it is ready.
Common questions
Do I need a contract before advertising my house in NSW?
Yes. Section 63 of the Property and Stock Agents Act 2002 makes it an offence to offer a residential property for sale before a Contract for Sale has been prepared. It applies to private vendors as well as agents.
Who prepares the Contract for Sale in NSW?
Your conveyancer or solicitor. It is legal work and cannot be prepared by the owner, an agent, or a platform.
How long does it take to prepare a Contract for Sale?
Usually two to three weeks, most of which is waiting on the council planning certificate and the water authority diagram. Strata properties generally take longer.
How much does a Contract for Sale cost?
The professional fee forms part of your conveyancer's overall cost for the sale, commonly around $980 in New South Wales. The attached certificates are charged at cost and typically total $200 to $400.
Can a buyer make an offer before the contract is ready?
They can express interest, but nothing can be exchanged and the property should not have been advertised yet. A buyer cannot properly assess a property without the contract, and their conveyancer will not let them commit without reviewing it.
This article is general information about selling property in New South Wales. It is not legal or financial advice. For anything specific to your own sale, speak with your conveyancer or solicitor.
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