The steps of a sale, from the first paper to the keys

Find the person who will do the legal work

• NSW
  NSW’s list for selling without an agent starts with hiring a solicitor or licensed conveyancer. Its sale-process page says a solicitor or conveyancer should prepare the contract and will need to represent you at settlement, and that all NSW settlements are completed electronically, with each side represented by a solicitor or conveyancer who subscribes to that system.
• NSW
  Conveyancers must be licensed with NSW Fair Trading, and a licence can be checked online.
• VIC
  Usually the buyer and the seller each engage a legal practitioner or conveyancer.
• WA
  Unless you are a suitably qualified lawyer, Consumer Protection’s advice is to use a licensed settlement agent or a lawyer.

Apply for the ATO clearance certificate

This one comes from the ATO, so it applies whichever state you sell in. An Australian-resident seller needs a clearance certificate and gives it to the buyer at or before settlement; without it, the buyer must withhold up to 15% of the sale proceeds and pay it to the ATO. The ATO says to apply as soon as you are thinking of selling, without waiting for a contract: certificates are free, can take up to 28 days, and last 12 months.

Prepare the contract and the disclosure papers

• NSW
  The contract must be prepared before the property is advertised. It must contain the title search (property certificate), the registered plan and dealings on the title, a drainage diagram, a current zoning certificate (section 10.7) from the council, and a statement of the buyer’s cooling-off rights.
• VIC
  The seller gives the buyer a Section 32 statement before the buyer signs.
• QLD
  The seller gives the buyer a disclosure statement (form 2) and the prescribed certificates before the buyer signs.
• SA
  A Form 1 vendor’s statement has to be prepared. It explains the buyer’s cooling-off rights and gives information about the property.

Paper 02 sets out what each of these documents holds.

Market the property and open the doors

• VIC
  All sellers, or agents acting for them, must have a due diligence checklist on hand for prospective buyers at open for inspections.
• VIC
  Knowingly concealing a material fact from a potential buyer breaks the law. The maximum penalty is a fine of 120 penalty units or up to 12 months’ imprisonment.
• SA
  It is illegal to misrepresent a property verbally, in writing or with photographs.
• NSW
  If you sell privately and set a price, advertise that price accurately.

Choose how to sell, and receive offers

• NSW
  There are two main ways of selling a home: by private treaty and by auction.
• QLD
  Queensland adds a third: you can sell by treaty, public auction or tender.
• VIC
  A buyer can withdraw an offer at any time before you accept it. For auctions and fixed-date sales on and from 16 October 2026, the estate agent has to publish the seller’s reserve price no later than 7 days before the auction or fixed-date sale.

Sign the contract and take the deposit

• NSW
  Neither side is legally bound until signed copies of the contract are exchanged. The deposit is 10% of the price unless a lesser sum is agreed, and a buyer may pay 0.25% at exchange with the balance, usually 9.75%, due before the cooling-off period ends.
• VIC
  The sale is made once you and the buyer have both signed the contract. No law sets the deposit; it is usually 10% of the price.
• QLD
  The contract becomes binding once both of you have signed it, and the deposit is usually due 2–3 days after the contract is finalised.

Cooling-off: a buyer’s right

In NSW, once contracts are exchanged the seller is legally bound to complete; in South Australia, sellers don’t get a cooling-off period either. Where a buyer has a cooling-off period on an ordinary private sale, it runs from two clear business days in South Australia to five business days in NSW and Queensland. Paper 03 has each state’s length and conditions.

Wait out the settlement period

The settlement date is written into the contract, and most of the pages below say it can be negotiated. This is how each one describes the usual gap.

Settle, then keep the file

Queensland’s page sums up the day: you usually receive the rest of the price, transfer the title, hand over the keys and give the buyer possession. Paper 05 follows the day itself.

• QLD
  If an agent sold the property, they must give you a written statement of the amounts they received for the sale and how those amounts were or will be paid, within 42 days of settlement, or within 14 days if you ask for it sooner.
• ATO
  Keep the records of buying, owning and selling the property, including the sale contract and the sale settlement statement, for at least 5 years after the sale. Paper 06 explains why they matter even for your own home.