NSW seller-side residential conveyancing checklist
NSW seller-side conveyancing begins with preparing a compliant Contract for Sale of Land with the prescribed attachments. This checklist is for solicitors acting for residential vendors under the Conveyancing Act 1919.
This is a 12-step NSW seller-side conveyancing checklist. It covers contract preparation, prescribed disclosures, deposit handling, PEXA, and settlement for residential vendors in NSW.
The checklist
Draft the Contract for Sale
Draft the Contract for Sale of Land using the 2022 edition, including all special conditions negotiated with the agent.
Attach prescribed documents
Attach title, deposited plan, s 149 planning certificate, sewer diagram, and strata documents if applicable.
Obtain vendor instructions on inclusions
Confirm inclusions, exclusions, and any chattels to be sold with the property.
Advise on capital gains tax
Advise vendor on CGT exposure, main residence exemption, or foreign resident CGT withholding obligations.
Obtain clearance certificate
Apply to the ATO for a foreign resident capital gains withholding clearance certificate for sale prices $750k+.
Exchange contracts and receive deposit
Coordinate exchange with the buyer's lawyer and confirm the 10% deposit is received in trust or through PEXA.
Obtain discharge authority
Instruct the outgoing mortgagee to prepare the discharge of mortgage and provide payout figures.
Respond to requisitions
Respond to the buyer's requisitions on title within the contractual period.
Calculate adjustments
Calculate adjustments for rates, water, land tax, and strata as at settlement date.
Prepare PEXA workspace
Create the PEXA workspace, invite all parties, and confirm settlement schedule.
Attend PEXA settlement
Sign digitally, confirm funds distribution to the mortgagee, agent, and vendor as directed.
Release deposit and close file
Authorise deposit release to the vendor, send the settlement statement, and close the matter.
When this checklist applies
Use for every NSW residential seller matter from contract preparation to post-settlement.
Common pitfalls
- Missing a prescribed attachment and giving the buyer rescission rights
- Forgetting the ATO clearance certificate on sales $750k+
- Not obtaining discharge payout in time
- Land tax adjustments calculated incorrectly
- Deposit release authority missed post-settlement
Run this checklist on a real matter
Quillio can draft a compliant NSW contract for sale, run this checklist against the vendor file, and flag disclosure gaps. See /practice-areas/property-lawyers or start a free trial.
General guidance for NSW residential vendor matters. Adapt for off-the-plan, commercial, or rural sales.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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