Looking to sell a property?

Selling

Our property team is ready to help you streamline your steps towards settlement day
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How long does it take?

It depends. About 3 months on average.

Who's Involved?

  • Your lawyer
  • Your estate agent
  • The purchaser's lawyer/ conveyancer
  • Your bank (if there's a mortgage registered on title)
  • Your accountant (if there are tax questions)

What's the process?

You’ve made the big call and decided to sell your property and you're ready to make an offer and tackle the legal steps.

Preparing the Vendor's Statement (Section 32) and signing the contract

When preparing to list your property for sale, you'll need to get some legal help to prepare the Vendor's Statement (also known as a Section 32). This document is required by all vendors before they enter into a sale contract. It sets out the information you must provide to the purchaser under the Sale of Land Act.

Once we've got the Vendor's Statement ready, we will send it to your agent and this will help them market the property. Once they've helped you negotiate an offer, we'll make sure that the contract has been signed and properly exchanged, and work with your agent to make sure the deposit has been paid.

Pre- settlement steps

We will make sure any special conditions have been met (or that they are on track to being ticked off before settlement).

We will verify your identity, prepare the required government forms and the paperwork required so we are authorised to proceed, and arrange for the land to be transferred out of your name at settlement when the purchaser pays the balance owing under the contract.

We will calculate and collect the amount required to settle, and work with you and your bank to make sure any funds required to discharge the mortgage are paid out.

You should make sure you keep the property insured until settlement is completed and that at settlement the property is in the same condition as it was in when the contract was signed (subject to fair wear and tear).

If the property is sold with vacant possession then you should also make sure that all of your goods have been removed by the settlement date. The purchaser has the right to inspect the property in the seven days prior to settlement and the agent will help coordinate this process.

Settlement

At settlement we will check that the purchaser has the settlement funds in the right place at the right time and the correct proceeds of the sale are paid to you. We will make sure that your mortgage (if you have one) is discharged and paid out and that any other matters affecting the title (such as caveats or notices) are withdrawn or dealt with in accordance with the contract. We'll ensure the purchaser is making the right contribution to any council rates, land tax, water service fees and the like.

We'll let you know as soon as we can once settlement has been completed and it's time to celebrate! Following settlement, we will notify the council, water authority and Owner's Corporation (if applicable) that you are no longer the owner of the land.

What to have in order

  • Details of your estate agent.
  • Details of where your title is held (or if you're not sure, we can help).
  • Your original identification documents  (passport and driver's licence).
  • Any extra details you have handy if you own the property as trustee for a trust.

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Common questions — Common questions —
Common questions — Common questions —
Common questions — Common questions —
My real estate agent says I need a vendor's (Section 32) statement. What is this document?

This document is required by all vendors before they enter into a real estate contract. It sets out the information the vendor is obliged to provide the purchaser under the Sale of Land Act. It's really important to get the right help with this. If you don't give the purchaser accurate details (or if you omit any of the required details) they may be able to pull out of the contract.

Our Selling Team

Rebecca Alexander
Meagan Compton
Shaun Moloney