Seller conveyancing starts before your property goes on the market. The contract and disclosure documents your state requires must be right from day one, because errors can give a buyer the right to walk away. We prepare them, protect your position in the contract and manage the sale through to settlement.
What documents does a seller need before marketing?
Most states prescribe the seller disclosure required, and several require it before marketing or before the buyer signs. The main documents are:
- South Australia: the Form 1 vendor’s statement, which discloses title details, encumbrances and prescribed searches. The buyer’s cooling-off period does not start until it is served.
- Victoria: the Section 32 vendor statement, which must be given to the buyer before they sign the contract.
- New South Wales: a contract for sale, including prescribed documents such as the title search and zoning certificate, must exist before a residential property can be marketed.
- Queensland: from 1 August 2025, a seller disclosure statement and prescribed certificates must be given to the buyer before they sign. See our guide to the Queensland seller disclosure changes.
- Western Australia and Tasmania: no single prescribed disclosure statement for most sales, but sellers still have disclosure obligations and the contract must accurately describe the property.
See our South Australia, Victoria and other state pages for detail.
Which special conditions protect a seller?
Special conditions let you set terms that suit your circumstances rather than rely only on the standard form. Common seller protections include:
- Firm deadlines for the buyer’s finance and inspection conditions, so an uncommitted buyer cannot hold the property indefinitely.
- Default interest or costs if the buyer settles late.
- A settlement date that fits your onward purchase, or a condition linking the sale to it.
- Clear statements about inclusions, exclusions and known defects, which reduce the risk of later disputes.
How is the deposit held?
The deposit is usually held in the trust account of the agent, conveyancer or other stakeholder named in the contract and released to you at settlement. If the buyer defaults, the contract sets out when you may keep it.
How is my mortgage discharged at settlement?
Your lender is paid out from the sale proceeds at settlement and its mortgage is removed from the title at the same time. Give your lender a discharge authority early, because banks take time to prepare payout figures. We follow the lender up so it does not delay settlement.
What are settlement adjustments?
Adjustments divide ongoing property costs between buyer and seller as at the settlement date. Council rates, water charges, strata levies and, in some states, land tax are apportioned so you pay only for the period you owned the property. If you have prepaid, the buyer reimburses you. Our guide to settlement adjustments shows how the calculation works.
What is a foreign resident capital gains withholding clearance certificate?
It is a certificate from the Australian Taxation Office confirming the seller is not a foreign resident for tax purposes. Without one, the buyer must withhold part of the purchase price at settlement and pay it to the ATO.
For contracts signed on or after 1 January 2025, this applies to sales of Australian real property at any price, so in practice every Australian resident seller needs a clearance certificate. Each seller on the title needs their own, it must be given to the buyer before settlement, and it is valid for 12 months. The ATO advises applying well ahead of settlement because processing can take weeks. The application is free and is lodged by the seller, a lawyer or a registered tax agent.
Apply early. If the certificate is not ready by settlement, the buyer must withhold an amount from your proceeds. You can usually claim it back through your tax return, but your cash is tied up until then. Apply for the certificate as soon as you decide to sell.
How does PEXA settlement work for sellers?
Settlement happens online in a PEXA workspace shared by both conveyancers and the banks. We prepare the settlement statement, confirm your lender’s payout figure and enter your payment directions. On completion, your mortgage is paid out and the balance goes to the accounts you nominated, usually the same day.
If you are buying another home at the same time, the two settlements can often be linked so funds from the sale flow into the purchase. See buying and selling at the same time.
Common questions about selling property
When should I engage a conveyancer to sell?
Before you list the property. In New South Wales a contract must be prepared before marketing, and in Victoria, South Australia and Queensland the disclosure documents must be ready before a buyer signs or cooling-off can start. Engaging early also gives you time to obtain a clearance certificate and resolve any title issues that could put off buyers.
What happens if the disclosure documents are wrong?
Depending on the state and the error, the buyer may be able to end the contract before settlement or claim compensation. Queensland’s new regime, for example, lets a buyer terminate before settlement if the disclosure statement was not given or is materially inaccurate. Getting the documents right before marketing protects the sale.
Do I need a clearance certificate if I live in Australia?
Yes, in almost every case. Since 1 January 2025 the withholding rules apply to Australian real property sales at any price, so an Australian resident seller needs a clearance certificate from the ATO to avoid the buyer withholding part of the price. There are limited exceptions, such as certain deceased estate and relationship breakdown transfers.
Can a buyer back out after signing?
A buyer can end the contract during any statutory cooling-off period, under a condition in the contract such as finance, or if you breach the contract. Outside those situations, a buyer who fails to settle is in default, and you may be able to end the contract, keep the deposit and claim losses, depending on the contract terms.