The Legal Checklist for Selling Strata Property in Marrickville, NSW

By CM Lawyers – Property & Strata Conveyancing Experts in Marrickville, NSW 

Selling a strata property in Marrickville isn’t just a matter of finding a buyer. Because strata ownership involves shared facilities, collective rules, and multiple parties, every step must comply with NSW property and strata law. 

 At CM Lawyers, we help Marrickville apartment and townhouse owners meet every legal requirement, avoiding delays, disputes, and costly surprises. 

 This checklist walks you through all the essentials you need to prepare, disclose, and complete before selling your strata property in NSW. 

Prepare a Legally Compliant Contract for Sale  

You cannot advertise or list a strata property in NSW until a valid Contract for Sale of Land has been prepared. This is a strict legal requirement under the Conveyancing Act 1919 (NSW). 

Your contract must contain: 

• A current title search and strata plan 

• A zoning certificate (s 10.7) from Inner West Council 

• Sewer and drainage diagrams 

• By-laws and the strata management statement 

• A Section 184 Certificate showing levies, insurances, and compliance 

• Details of special levies or capital works funds 

At CM Lawyers, we draft and review the contract to ensure it is complete, compliant, and tailored to your building’s circumstances, protecting you from post-sale disputes. 

Gather All Required Strata Documents 

Buyers are entitled to review the Owners Corporation’s financial and management information. These records demonstrate how well the building is run and can influence the sale price. 

Key documents include: 

• The latest Section 184 Certificate 

• Recent AGM minutes and financial statements 

• The building’s insurance certificate of currency 

• Records of defect claims or ongoing litigation 

• Current by-laws and special resolutions 

Our lawyers coordinate with your strata manager to obtain accurate, up-to-date documents quickly, ensuring your property is legally ready for market. 

Check Compliance with By-Laws and Approvals  

Strata buyers expect transparency around renovations and improvements. Any works that affect common property or breach acoustic or structural rules must have Owners Corporation approval. 

We can: 

• Review past approvals and confirm compliance 

• Assist in applying for retrospective approval if needed 

• Advise on by-laws that may affect your sale 

Having clear, compliant records reassures buyers and prevents last-minute complications during due diligence. 

Meet Your Disclosure Obligations   

Full disclosure is not optional. NSW sellers must provide accurate information about their property and the Owners Corporation. 

You must disclose: 

• Outstanding or unpaid strata levies 

• Approved or proposed special levies 

• Known building defects or legal proceedings 

• By-law restrictions (for example, pets or parking) 

• Details of the Owners Corporation’s financial position 

If information is omitted or incorrect, the buyer may lawfully rescind the contract. CM Lawyers ensures your disclosures satisfy every NSW legal requirement, protecting you from future claims. 

Confirm Financial and Mortgage Status    

Before listing, make sure your mortgage discharge process is underway—banks often take several weeks to release documents. 

 We liaise directly with your lender to ensure a seamless discharge and confirm that all strata levies, rates, and water bills are settled before settlement day. 

Review Strata Records Before Buyers Do     

Buyers will commission a strata records inspection. Reviewing your records in advance allows you to anticipate issues. 

 Check for: 

• Mention of unresolved defects or disputes 

• Evidence of sound financial management 

• Consistent maintenance schedules 

We can help you frame disclosures clearly so that minor issues don’t jeopardise buyer confidence.  

Prepare for Exchange of Contracts     

Once you accept an offer, both parties sign identical contracts and exchange them. The buyer usually pays a 10 percent deposit, and the agreement becomes binding. 

CM Lawyers ensures that: 

• Deposits are held correctly in trust 

• Contract conditions favour and protect you 

• You comply with NSW exchange and cooling-off rules 

For private treaty sales, the buyer has a five-business-day cooling-off period; for auction sales, contracts are final immediately upon signing.

Manage the Pre-Settlement Process      

Between exchange and settlement—usually four to six weeks—several legal and administrative steps must be completed: 

• Arrange mortgage discharge with your bank 

• Verify that all levies and rates are current 

• Coordinate with the buyer’s solicitor for final inspections 

• Confirm settlement calculations and adjustments 

• Complete settlement through PEXA for secure electronic payment 

Our conveyancing team manages every step to keep your transaction accurate and on schedule. 

Understand the Hidden Costs       

Beyond commission, strata sellers should plan for: 

• Legal and conveyancing fees 

• Section 184 Certificate charges 

• Mortgage discharge fees 

• Marketing and photography costs 

• Outstanding rates and utilities 

• Capital gains tax (if applicable) 

CM Lawyers provides full fee transparency from the outset, helping you budget confidently. 

Avoid Common Mistakes        

Typical errors when selling strata property include: 

• Listing before the contract is complete 

• Failing to disclose building defects or levies 

• Forgetting to confirm Owners Corporation approvals 

• Allowing mortgage discharge delays to stall settlement 

• Supplying out-of-date financials or by-laws 

We identify and fix these risks long before they threaten your sale. 

Why Legal Preparation Pays Off         

A properly prepared vendor inspires trust. Buyers and their solicitors move faster when documentation is complete, and well-prepared listings often attract stronger offers. 

 CM Lawyers ensures your property is contract-ready, compliant, and transparent—giving you a clear competitive edge. 

Why Marrickville Owners Choose CM Lawyers         

• Local expertise in Marrickville and the Inner West 

• More than 30 years of property law experience 

• Fixed-fee clarity—no hidden costs 

• Full legal coverage from start to finish 

• Efficient communication with your agent, lender, and strata manager 

When you work with CM Lawyers, you gain a trusted partner focused on accuracy, compliance, and results. 

Final Word: Sell Smart, Sell Legally, Sell with Confidence          

Selling a strata property in Marrickville is an important financial step—and one that demands precision. Every document, disclosure, and approval matters. 

At CM Lawyers, we handle the legal details so you can focus on your next chapter. With our experience, you’ll enjoy a stress-free sale that’s fully compliant with NSW law and positioned for success.