Buying a House in NSW

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Buying a House in NSW – A Sydney Lawyer’s Guide 

By CM Lawyers – Residential Property Lawyers in Marrickville, NSW 

Buying a house is one of the biggest financial and emotional milestones in life. Whether you’re purchasing your first home, upgrading for a growing family, or investing in Sydney’s competitive property market, it’s crucial to understand the legal steps and protections involved in buying a house in NSW. 

At CM Lawyers in Marrickville, we’ve helped thousands of home buyers across Sydney successfully purchase residential houses. This guide will walk you through the legal process, key risks, and hidden costs, and explain how working with an experienced property lawyer ensures your new home is secured safely and stress-free. 

Understanding the Legal Process of Buying a House in NSW 

1. Pre-Purchase Preparation

   Before making an offer:

   1. 1. Get pre-approval from your lender.

      2. Arrange building and pest inspections.

      3. Research the property’s zoning, location, and market value. 
         
         

2. Contract Review

Before signing anything, your lawyer must review the Contract for Sale of Land. This includes:

1. 1. Title search and dealings

   2. Zoning certificate (s10.7)

   3. Sewer diagram and drainage plans

   4. Land tax, council rates, and easements

We identify legal issues early so you can negotiate terms before you’re locked in. 

3. Exchange of Contracts

   • Once both parties sign identical contracts and the deposit (usually 10%) is paid, the agreement becomes legally binding.

   • If not bought at auction, you get a 5-business-day cooling-off period (unless waived). 
     
     

4. Pre-Settlement Period

   Your lawyer will:

   1. 1. Organise stamp duty payment

      2. Liaise with your lender

      3. Arrange final title searches

      4. Calculate settlement adjustments (council rates, water usage, etc.) 

5. Settlement and Transfer

   On settlement day, funds are paid, the title is transferred at NSW Land Registry Services, and you become the legal owner. 

Key Legal Issues to Watch Out For 

Buying a house comes with hidden legal risks. We regularly see buyers run into issues with: 

• Unapproved building works – Extensions, decks, or garages without council approval can become your responsibility. 

• Restrictive covenants or easements – These can limit how you use or develop the land. 

• Zoning restrictions – May prevent future renovations or dual-occupancy use. 

• Boundary disputes – Fences or structures built over lot boundaries. 

• Delayed finance – Missing deadlines can cost you your deposit. 

CM Lawyers checks every detail to ensure your property is legally sound before you commit. 

Read more about: Bidder Beware: The Hidden Risks of Buying Property at Auction

Hidden Costs of Buying a House 

It’s easy to focus on the purchase price, but buyers should budget for additional costs, including: 

• Stamp duty – Payable to the NSW Government based on purchase price. 

• Legal and conveyancing fees – For contract review, advice, and completing the transfer. 

• Building and pest inspections – Essential for detecting structural or termite issues. 

• Lender and registration fees – Charged by your bank and NSW Land Registry Services. 

• Council and water adjustments – You may need to reimburse the seller for prepaid charges. 

• Insurance – You should insure the property from the date of exchange. 

We provide clear estimates of all costs upfront, so you can plan your budget confidently. 

Why a Property Lawyer is Essential (Not Just a Conveyancer) 

While both can help transfer property, only a solicitor can provide legal advice and representation if things go wrong. This is especially important if: 

• You are buying through a trust or company 

• You are purchasing with a spouse or family member 

• The property is part of a deceased estate or family law matter 

• The contract includes unusual or high-risk clauses 

At CM Lawyers, our property lawyers combine expert legal protection with efficient conveyancing, so you get the best of both worlds. 

Our Step-by-Step Service for House Buyers in NSW  

When you choose CM Lawyers, you get a complete, end-to-end legal service: 

1. Initial Consultation – We explain the process, timelines, and costs.

2. Contract Review – We check all legal documents and identify risks.

3. Negotiations – We request amendments to protect your interests.

4. Exchange of Contracts – We guide you through signing and deposit payment.

5. Finance and Settlement – We liaise with your lender to coordinate funds.

6. Final Checks – Title searches, settlement figures, and inspection advice.

7. Settlement & Registration – We ensure the property is legally transferred to your name. 

You may be interested in Mastering Market Timing: How to Buy Property When the Conditions are right.  

Legal Pitfalls to Avoid When Buying a House   

Here are the top mistakes we see first-time and seasoned buyers make: 

• Signing contracts before a lawyer reviews them. 

• Not arranging building and pest inspections. 

• Assuming renovations were approved without checking council records. 

• Missing finance or settlement deadlines. 

• Failing to insure the property from the date of exchange. 

Each of these issues can be avoided with the right legal advice from the outset. 

Why Marrickville Buyers Trust CM Lawyers    

• Local Knowledge – Deep understanding of Marrickville and Inner West property. 

• Decades of Experience – Trusted Sydney property law specialists for over 30 years. 

• Fixed-Fee Pricing – Clear costs with no surprises. 

• Efficient Turnarounds – We keep your purchase moving on schedule. 

• Personal Service – Friendly, clear communication from start to finish. 

Final Word: Secure Your Dream Home the Right Way

Buying a house in NSW is exciting—but it’s also complex. From contract review to settlement, every step has legal risks that can cost you dearly if overlooked. 

At CM Lawyers in Marrickville, we ensure your house purchase is legally sound, stress-free, and fully protected. With our expert guidance, you can move forward with confidence knowing your new home is secure.