Updated 28 October 2026
Contract for Sales - Seller’s Most Asked Questions #29: What should I do if my property isn’t selling?
CM Lawyers property sale services
If your property is not selling, arrange a structured review before spending more on advertising or changing agents. Pricing, presentation, buyer demand and contract issues can each affect the result. The right response depends on the evidence from your campaign and the cost of continuing to wait.
This guide explains practical steps for NSW residential sellers. Have a lawyer check your agency agreement, sale contract and proposed changes so that a marketing problem does not become a commission or contractual dispute.
Find out where the campaign is losing buyers
Ask your agent for a written report showing listing views, enquiries, inspections, repeat visits, contract requests and offers. Request the reasons buyers give for not proceeding. Compare results with similar properties in the same area and price bracket, rather than relying on a broad assurance that the market is quiet.
Different patterns suggest different questions. Few enquiries may justify reviewing exposure and the price guide. Inspections without offers may point to condition, layout, parking, strata concerns or a mismatch between the advertisement and the property. Buyers who request contracts but withdraw may have identified legal or finance obstacles. These are possibilities to investigate, not automatic conclusions.
Current market evidence matters. Domain’s September 2026 House Price Report recorded quarterly falls of 4.7% in Sydney house prices and 3.0% in unit prices, alongside longer selling times and increased discounting. These citywide measures provide context; they do not establish your property’s value or predict its sale date. Use recent local comparable sales when reassessing expectations.
Review the price using current evidence
Ask for recent completed sales of genuinely comparable properties, with adjustments for size, condition, location and title. Competing asking prices show what buyers can choose from, but they do not prove what buyers will pay. Your purchase price, renovation spending or desired proceeds also do not determine current market value. Consider an independent valuation where there is a substantial disagreement.
A realistic price revision may attract buyers previously excluded by their budget or search filters. Record the revised strategy and the evidence supporting it. NSW agents must maintain a reasonable estimated selling price, provide supporting evidence and revise the estimate when necessary. They must not advertise below that reasonable estimate; prohibited formats include ‘offers over’ and a price followed by ‘+’.
NSW’s 2026 agent reforms are commencing in stages. Some enforcement changes began on 29 June 2026, while further pricing and advertising requirements have later commencement arrangements. Before relaunching, have your agent and lawyer check which rules apply, including any new requirements for advertised prices and Statements of Information.
Improve presentation and make the advertising accurate
Start with proportionate work: cleaning, decluttering, gardening and addressing obvious maintenance problems. Ask whether fresh photographs, an accurate floor plan or modest staging would answer the objections buyers have raised. Obtain quotes and set a spending limit. Expensive renovations are not automatically recovered in a higher sale price, particularly where time and borrowing costs are already pressing.
Review the listing on a phone as well as a computer. Check the opening image, room descriptions, inspection times, price information and contact process. Ask the agent how enquiries are followed up and whether serious earlier prospects should be contacted about a genuine change. More paid exposure will not necessarily solve unrealistic pricing or an unresolved defect.
Presentation must remain truthful. Photographs should not conceal defects or imply views and features the property does not have. Ask your lawyer and agent how known issues, approvals and prescribed material facts should be addressed. If the property is tenanted, arrange access and photography consistently with the tenant’s rights.
Choose a sale method that suits the demand
An auction can provide a clear campaign timetable, but it does not create buyers who lack the funds or interest to bid. Private treaty can allow more time to negotiate price, settlement and conditions. Expressions of interest also require a clear process and realistic expectations. Ask the agent to explain why a different method would address the problem identified.
Before changing methods, confirm additional advertising and auctioneer fees. For an auction, provide the reserve instructions in writing. If bidding does not reach the reserve, the property may be passed in and negotiations can follow. Understand the applicable cooling-off rules before authorising exchange: sellers do not have a cooling-off right simply because they later prefer another offer.
Resolve contract issues before the next buyer arrives
A NSW residential property cannot be offered for sale without a prepared sale contract. Before a relaunch, ask your lawyer to review the contract and required attachments, including title, planning and drainage information, and any relevant pool documents. Changes to the property or circumstances may require updated advice or documents.
Repeated buyer concerns deserve a coordinated response. Examples include unapproved alterations, unclear inclusions, easements, strata defects or special levies. Provide your lawyer with the actual questions and available records. Decide whether the issue needs correction, clearer disclosure, a negotiated term or an adjustment to expectations, rather than giving informal assurances that may later be disputed.
Confirm whether you can deliver the proposed settlement date and vacant possession. If tenants remain or another purchase depends on the sale, obtain advice before making commitments. A more workable settlement arrangement may help a genuine buyer, but it should be properly documented.
Check commission obligations before changing agents
Changing agents can be sensible where service or strategy is inadequate, but first have the existing agreement reviewed. Give the required written notice and confirm when the appointment ends. Overlapping appointments can expose you to two commission claims. Ending the marketing campaign does not necessarily cancel the agency agreement.
An exclusive agreement may entitle an agent to commission even if you or another agent makes the sale during the relevant period. Rights may also survive where a later purchaser was introduced through the original campaign. A sole agency differs from an exclusive agency, and the precise wording matters. Check agreed advertising and other expenses even if the property is withdrawn.
Keep records of introductions, offers, negotiations and termination correspondence. Ask the incoming agent about any earlier interested buyers and have possible overlapping claims addressed before signing. Verify the agent’s licence and agree on reporting, expenditure and review dates.
A court case about an unsuccessful campaign and commission
In Outerbridge trading as Century 21 Plateau Lifestyle Real Estate v Hall [2020] NSWCA 205, owners had marketed a property in the Byron Bay hinterland through several agents. An agent introduced the eventual purchaser, but negotiations stalled and he became effectively uncontactable while overseas. Another agency revived the transaction.
The first agency unsuccessfully claimed $108,086 in commission, and its appeal was dismissed with costs. The court emphasised the agreement’s wording and whether the agent’s work was an effective cause of the sale. This was a commission dispute, not compensation for a property remaining unsold. The decision shows why the contract and history of negotiations must be checked; changing agents does not automatically eliminate an earlier agent’s rights.
Compare the cost of waiting and agree on the next steps
Prepare a monthly holding-cost budget covering interest, rates, insurance, maintenance, strata levies and any applicable land tax. Include additional campaign spending and commitments on another property. For illustration only, three further months at $4,000 a month adds $12,000 before any change in the eventual sale price. This is a worked example, not an average NSW selling cost.
Assess offers by net proceeds, conditions, buyer readiness and settlement timing, alongside price. If you pause the campaign or rent the property instead, obtain advice about agency obligations, tenancy commitments and tax consequences. Agree on a review date and specific actions rather than continuing the same campaign indefinitely.
If you believe the agent breached the agreement or misled you, preserve the evidence and raise the issue in writing. NSW Fair Trading provides a property-industry complaint service. A damages claim requires separate legal assessment; a slow sale alone does not establish negligence or an entitlement to compensation.
For assistance with selling a property, reviewing agency obligations or resolving contract concerns, contact CM Lawyers. Always have a lawyer check proposed changes before terminating an appointment, signing a replacement agreement or committing to sale terms.
General information for NSW residential property sellers only, not advice on a particular transaction or dispute. Have a lawyer check your circumstances and documents before acting.
Key resources
NSW Government guidance on agency agreements — appointment terms, commission obligations and changing or ending an agency agreement.
NSW Government guide to selling a property — sale methods, preparing for sale and the steps toward exchange and settlement.
NSW Government underquoting guidance and updates to property and stock agents laws — reasonable price estimates, advertising requirements and staged legislative changes.
NSW Government advertising guidelines and misrepresentation guidance — accurate property marketing, photographs and representations to prospective buyers.
NSW Government guidance on sale contracts — contract preparation and required documents before a property is marketed.
Domain September 2026 House Price Report — reported market movements and selling conditions; not a valuation of an individual property.
Outerbridge trading as Century 21 Plateau Lifestyle Real Estate v Hall [2020] NSWCA 205 — judgment concerning an agent’s commission claim and whether their work was an effective cause of the sale.
Service NSW property licence information — licence-check and complaint pathways for dealings with property professionals.
