The Legal Essentials of Selling a House in Marrickville, NSW

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

Selling your home in Marrickville is an exciting milestone, but it’s also a complex legal process that requires precision, preparation, and compliance with NSW property law. Whether you’re moving, upgrading, or selling an investment, understanding your legal responsibilities is crucial to ensuring a smooth, dispute-free transaction. 

At CM Lawyers, we’ve represented countless Marrickville homeowners in successful property sales. Our expertise ensures every step — from contract preparation to final settlement — is handled efficiently and legally. Here’s a detailed guide to the legal essentials of selling a house in Marrickville, NSW. 

Preparing a Legally Compliant Contract for Sale 

Before you can advertise your property, NSW law requires that a Contract for Sale of Land be prepared. This is not a formality — it’s a legal necessity under the Conveyancing Act 1919 (NSW). 

Your property cannot be listed until a complete contract is available for prospective buyers. The contract must include: 

• A current title search and plan showing ownership and boundaries 

• Zoning certificate (s10.7) from Inner West Council 

• Sewer and drainage diagrams 

• Any restrictions, easements, or covenants on the property 

• A list of inclusions and exclusions (fixtures, fittings, appliances, etc.) 

• Swimming pool compliance certificate, if relevant 
  

Failing to prepare a complete contract can delay your sale or expose you to penalties. 

You may be interested in What are the risks of selling a property “as is”.  

At CM Lawyers, we draft and review contracts meticulously, ensuring every document complies with NSW requirements. We also identify risks early — such as unapproved building works or boundary issues — and help you address them before listing. 

Disclosure Obligations for NSW Sellers 

Transparency is a legal requirement when selling property in NSW. As a seller, you must disclose any information that could affect the buyer’s decision to purchase. 

Mandatory disclosures include: 

• Zoning and planning restrictions 

• Easements and covenants registered on the title 

• Unapproved structures or renovations 

• Current tenancies or leases 

• Heritage listings or other council-imposed restrictions 

• Building defects or compliance concerns 

Failure to disclose material facts can allow the buyer to rescind the contract or seek compensation after settlement. 

Our property lawyers will review your property’s documentation to ensure all disclosures are complete and compliant, protecting you from legal challenges later on. 

Verifying Council Approvals and Compliance 

One of the most common issues sellers face involves unapproved building works. Renovations, extensions, or garages added without proper council approval must be disclosed — and they can significantly impact your sale. 

At CM Lawyers, we: 

• Check whether previous renovations have development approvals (DA) or complying development certificates (CDC). 

• Advise you on rectifying non-compliant structures. 

• Work with surveyors or builders if certificates of compliance are needed before sale. 

Ensuring compliance before listing prevents last-minute buyer objections and builds confidence in your property. 

Exchange of Contracts – Making the Sale Binding 

When you accept an offer, both parties sign identical contracts, which are then exchanged. At this point, the buyer usually pays a 10% deposit, and the sale becomes legally binding. 

For private sales, the buyer has a five-business-day cooling-off period, during which they can withdraw (forfeiting 0.25% of the purchase price). For auction sales, there is no cooling-off period — the contract is binding immediately upon signing. 

CM Lawyers ensures your contracts are exchanged correctly, deposits are securely managed, and all conditions are satisfied in accordance with NSW law. 

Pre-Settlement Legal Requirements 

The period between exchange and settlement typically lasts 4–6 weeks. During this time, several legal tasks must be completed, including: 

• Discharging your mortgage with your lender. 

• Adjusting council and water rates so both parties pay their fair share. 

• Ensuring any repairs, inclusions, or agreed conditions in the contract are met. 

• Coordinating with the buyer’s solicitor for final inspections. 

We manage the process end-to-end using the NSW electronic settlement system, PEXA, which ensures secure and efficient fund transfers and title registration. 

Settlement – The Final Step 

Settlement day is when ownership officially transfers from you to the buyer. The buyer’s funds are paid, the mortgage is discharged, and your name is removed from the title at NSW Land Registry Services. 

Our lawyers verify all documentation, confirm the accuracy of settlement figures, and ensure your legal obligations are fulfilled before completion. Once everything is finalised, the keys can be handed over to the new owner. 

Avoiding Common Legal Pitfalls When Selling Your Home 

Even experienced sellers can make costly mistakes without proper legal advice. Common pitfalls include: 

• Listing without a valid contract – illegal under NSW law. 

• Failing to disclose defects or unapproved works – can void the sale. 

• Delays in mortgage discharge – leading to settlement penalties. 

• Incorrect settlement figures – causing financial discrepancies. 

• Poor coordination between the agent, lender, and solicitor – delaying completion. 

At CM Lawyers, we prepare your contract early to ensure your property sale runs smoothly from the start. This proactive approach helps your transaction comply with all legal requirements and avoids unnecessary delays once an offer is made. As part of this process, we also review any renovations or additions to confirm they have the proper council approvals, protecting you from potential disputes with buyers over unapproved works. 

An important note: selling property also involves several legal and financial steps to ensure a fair and transparent division of assets. Non-compliance can lead to legal consequences and sale delays. By working with CM Lawyers from the outset, you minimise risk, avoid stress, and ensure your sale runs smoothly from start to finish. 

Understanding the Costs of Selling 

Selling your Marrickville home involves several costs beyond agent commission. Budget for: 

• Legal and conveyancing fees 

• Real estate agent commissions 

• Mortgage discharge fees 

• Marketing and advertising 

• Staging and photography costs 

• Council and water rate adjustments 

• Capital gains tax (if applicable for investment properties) 

CM Lawyers provides transparent, fixed-fee pricing for all conveyancing services, helping you plan ahead with no surprises. 

Why You Need a Property Lawyer, Not Just a Conveyancer 

While licensed conveyancers handle property transfers, only a qualified solicitor can provide comprehensive legal advice and represent you in disputes. This makes a big difference if your property has unique legal challenges — such as: 

• Unapproved or non-compliant building work 

• Complex ownership structures (e.g., trusts, joint tenancy) 

• Heritage-listed properties 

• Ongoing disputes with neighbours or tenants 

Our team at CM Lawyers combines efficient conveyancing with deep legal expertise — ensuring both compliance and protection throughout your sale.

Why Marrickville Homeowners Trust CM Lawyers 

For over 30 years, CM Lawyers has built a reputation as one of the Inner West’s leading property law firms. Homeowners across Marrickville choose us because we offer: 

• Local expertise in the Marrickville and Inner West property market. 

• Full legal protection — not just paperwork processing. 

• Fixed-fee transparency — no hidden costs. 

• Personalised guidance from start to finish. 

• Efficient settlements using NSW’s secure electronic conveyancing system. 

Whether you’re selling your family home, an investment property, or a deceased estate, we ensure your transaction is legally sound, timely, and stress-free. 

Final Thoughts: Sell with Legal Confidence 

Selling your Marrickville home involves more than finding a buyer — it’s about ensuring every legal step is handled with care and accuracy. From preparing the Contract for Sale to managing disclosure obligations and completing settlement, expert legal support protects your interests and maximises your outcome. 

At CM Lawyers, we take care of every legal detail so you can focus on what comes next — whether it’s upgrading, downsizing, or moving on to your next chapter.