Updated 1 November 2026
Contract for Sales - Seller’s Most Asked Questions #38. What are the benefits of an open house?
What are the benefits of an open house?
An open house lets several prospective buyers inspect a property during an advertised period. It can make access convenient, show features that photographs miss and help the agent gather feedback. These benefits depend on the property and campaign; an open house does not guarantee a higher price or faster sale.
- Buyers can assess layout, light, storage and surrounding conditions in person.
- Grouped inspections can reduce the disruption of arranging many separate appointments.
- Questions and repeat visits can help identify interested buyers and gaps in the marketing information.
Is an open house compulsory when selling in NSW?
An open house is a marketing choice rather than a universal legal requirement for selling a home. Private appointments, public inspections and virtual tours can be combined to suit the property and occupants. Choosing private inspections does not, by itself, establish that an agent has breached a duty or caused loss.
Discuss the reasons for the proposed approach with your agent. A busy household, valuable collection, tenant’s circumstances or limited buyer pool may favour appointments. Virtual tours can help buyers shortlist properties, but they should accurately represent what a physical inspection will reveal.
What should the seller agree with the agent first?
Agree the inspection schedule, staffing, advertising budget and follow-up arrangements before the campaign starts. The agency agreement should explain authorised services and expenses, including charges payable if the property does not sell. Ask how the agent will manage visitor access, answer questions and report genuine interest after each inspection.
Review the agency agreement, including commission, exclusivity, termination and marketing costs. Extra photography, staging or promoted listings should not be treated as automatically authorised. Set a review date so disappointing results lead to an informed discussion about strategy rather than repeated spending without explanation.
What legal preparation is needed before advertising?
NSW residential property generally cannot be offered for sale until the required contract is available. Have a solicitor or licensed conveyancer prepare the contract and required disclosure documents before advertising an open home. Marketing descriptions should be consistent with the title, contract and verified information about the property.
The sales contract requirements apply before a buyer makes an offer. Tell your lawyer about unapproved work, notices, disputes, tenancies and unusual title interests. Identify inclusions and exclusions clearly so buyers do not mistake hired staging furniture or removable items for part of the sale.
How should the property be prepared for visitors?
Prepare the home so buyers can inspect it safely and understand its condition. Clear access routes, improve lighting and complete ordinary cleaning or maintenance without disguising defects. Tell the agent about hazards and restricted areas, and decide how visitors will be supervised throughout the advertised inspection period.
Secure pets and check gates, steps and pool barriers. Arrange appropriate access assistance where practicable. Ask your insurer about legal liability cover and policy conditions, including any vacancy restrictions. The agent’s insurance should not be assumed to cover the seller’s losses or every visitor injury.
How can sellers protect belongings and security?
Limit opportunities for theft or misuse of personal information by securing valuables, medicines, identity documents and spare keys before visitors arrive. Agree who controls entry and monitors the premises. After the inspection, check rooms, windows and external doors, and confirm that everyone has left before the agent locks up.
A visitor register is useful for follow-up but is not a guarantee of identity or security. Remove account statements and sensitive family photographs from view. Tell the agent promptly about missing property or damage, preserve available evidence and follow the insurer’s reporting requirements.
What rules apply if tenants live in the property?
For sale inspections, tenants must receive written notice of the intention to sell at least 14 days before the first inspection. Make reasonable efforts to agree inspection times. If agreement cannot be reached, the landlord may arrange up to two inspections weekly, giving at least 48 hours’ notice each time.
Discuss whether inspections will be public open homes or private appointments rather than treating access as unrestricted. Respect entry limits and quiet enjoyment; tenants do not have to leave simply because buyers attend. Obtain advice if arrangements are disputed, particularly where proposed hours require consent.
Can photographs show a tenant’s possessions?
From 21 September 2026, updated NSW rules govern advertising photographs and videos showing tenants’ or dependent children’s belongings inside or outside rented premises. Landlords and agents must provide free copies and obtain written consent before publication. Taking images also requires proper notice and an opportunity to move or cover belongings.
The current photography requirements include at least seven days’ notice before taking advertising images. Consent cannot be unreasonably withheld, but domestic-abuse concerns can justify refusal. Silence for seven days is treated as refusal. Check the permitted photography period and consent timing before arranging or reusing images.
What can agents say during an open inspection?
Statements about the property must be accurate and supported, whether made in a brochure, online or during conversation. Agents should not invent competing offers, exaggerate buyer demand or make unsupported claims about approvals, boundaries or future returns. Refer uncertain legal, planning or technical questions to the appropriate professional.
NSW misrepresentation rules also address prescribed material facts that agents know or ought reasonably to know. Sellers should disclose relevant information to their agent and lawyer. Staging may improve presentation, but it should not conceal damage or create a false impression of the property’s features.
How should the property’s price be advertised?
The agent’s estimated selling price must be reasonable and supported by evidence, and price representations must comply with NSW underquoting rules. A low guide should not be used simply to attract a crowd. Review feedback and comparable sales with the agent, and ensure outdated advertising is corrected where required.
Check the current pricing requirements. As at 1 November 2026, further pricing reforms are scheduled to commence on 17 November 2026, with Statements of Information required from 8 February 2027. Have the agent check commencement and transitional rules for campaigns continuing across those dates.
How should visitor information and follow-up be handled?
Visitor details should be collected for a clear purpose and handled securely. Ask the agent what information is necessary, how it will be used and who can access it. Attendance at an inspection should not simply be treated as blanket permission for unrelated marketing or disclosure to other businesses.
Agents must consider confidentiality and applicable privacy obligations. Under electronic marketing rules, commercial emails and text messages require lawful consent, sender identification and an unsubscribe facility. Keep genuine enquiries about this property distinct from consent to receive broader campaigns.
What does Butcher v Lachlan Elder Realty show?
In Butcher v Lachlan Elder Realty Pty Limited [2004] HCA 60, the High Court considered an agent’s brochure containing an allegedly inaccurate survey diagram. The majority found the agent had passed on another person’s information without adopting it in the circumstances. The decision does not give all marketing disclaimers automatic protection.
The dispute concerned a waterfront property at Mona Vale. The purchasers alleged that the brochure wrongly showed the swimming pool wholly within its boundary and sued the agent for misleading or deceptive conduct. The three-to-two majority assessed the brochure’s wording and surrounding dealings before dismissing their appeal.
The practical lesson is to check marketing information and make its source and limitations clear. The case concerned the former Trade Practices Act; agents now also need to comply with the Australian Consumer Law and current NSW obligations. It did not establish that open houses are compulsory.
How should sellers assess the results and next steps?
Assess an open house by the quality of enquiries and progress towards a workable offer, not attendance alone. Ask about repeat inspections, contract requests, buyer concerns and proposed conditions. Review the campaign with the agent and seek legal advice before changing contractual terms or accepting commitments arising from negotiations.
Keep written feedback and compare it across inspections before changing the price or increasing the marketing budget. Christine Manolakos at CM Lawyers can review the agency agreement, sale contract and disclosure issues so the campaign and proposed sale terms work together.
General information only, current at 1 November 2026. Have a lawyer check your sale contract, disclosure obligations and any disputed access or marketing arrangements before acting.
Key resources
NSW Government: agency agreements — services, commission and advertising expenses.
NSW Government: sales contracts — documents required before residential marketing.
NSW Government: rental property access — entry limits and tenants’ rights.
NSW Government: advertising photographs — current notice, consent and privacy requirements.
NSW Government: misrepresentation — truthful statements and material facts.
NSW Government: price estimation — evidence and current underquoting obligations.
NSW property agent law changes — November 2026 and February 2027 commencement dates.
ACMA: avoiding spam — consent and unsubscribe rules for electronic marketing.
Butcher v Lachlan Elder Realty [2004] HCA 60 — judgment on property marketing representations.
CM Lawyers — Selling a property — contract preparation and conveyancing for NSW sellers.
