Selling Your House in Marrickville – A Step-by-Step Guide for NSW Homeowners

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

Selling your home in Marrickville can be one of the most rewarding experiences — but it’s also one of the most complex legal transactions you’ll undertake. Between marketing, negotiations, and settlement, there are countless details that must be handled correctly to ensure a smooth, profitable sale. 

At CM Lawyers, our experienced property and conveyancing team has helped hundreds of Marrickville homeowners sell with confidence. This step-by-step guide explains exactly what to expect during the process, how to prepare your home legally, and how our team ensures your transaction is fully compliant with NSW property law. 

Understanding the Marrickville Property Market 

Marrickville has become one of Sydney’s most dynamic and sought-after suburbs. Its mix of period homes, industrial conversions, and modern builds attracts a wide range of buyers — from professionals to families and investors. 

When preparing to sell, consider the timing of your sale, current market demand, and the type of property you’re offering. For example, renovated homes near Marrickville Metro or Enmore Park often fetch premium prices, while older dwellings on larger blocks attract renovators. 

Working with both a local real estate agent and a Marrickville property lawyer ensures your property is presented strategically and legally sound from day one. 

Read more about: What are the implications of selling the property? 

Preparing the Contract for Sale 

Before you can even advertise your property, NSW law requires you to have a Contract for Sale of Land prepared. Without it, your real estate agent cannot legally list your home. 

The contract must include: 

• A current title search and plan 

• Zoning certificate (s10.7) from your local council 

• Sewer and drainage diagrams 

• Details of easements, covenants, and restrictions 

• Inclusions and exclusions list (what will and won’t remain) 

• Swimming pool compliance certificate (if applicable) 

At CM Lawyers, we prepare your contract early to avoid delays and ensure full legal compliance. We also check that any renovations or improvements have the correct council approvals. 

This early preparation gives your agent the freedom to market confidently and ensures that once an offer comes in, you can move quickly to exchange. 

Marketing and Negotiating Offers 

Once your contract is complete, your agent will begin advertising your property through online listings, social media, and open homes. 

During this period, your lawyer should be on standby to: 

• Answer any pre-contract questions from interested buyers or their solicitors. 

• Amend or clarify clauses in the contract as negotiations evolve. 

• Advise you on special conditions, such as delayed settlements or rent-back arrangements. 

A proactive property lawyer can make negotiations smoother by ensuring all buyer requests are addressed properly, reducing the risk of disputes later on

Exchanging Contracts 

When an offer is accepted, both you (the seller) and the buyer will sign identical copies of the contract. The buyer usually pays a 10% deposit, which is held in trust by the agent or your solicitor. 

Once contracts are exchanged, the sale becomes legally binding. 

There is typically a five-business-day cooling-off period for private sales in NSW, during which the buyer can withdraw (forfeiting 0.25% of the purchase price). However, if your home sells at auction, there is no cooling-off period — the sale is immediately final. 

Your CM Lawyers team ensures the exchange is handled correctly, deposits are secured, and all statutory requirements are met. 

The Pre-Settlement Process 

Between exchange and settlement, several key steps must occur: 

• Your lawyer coordinates with your mortgage lender to arrange discharge of the loan. 

• Council and water rate adjustments are calculated. 

• Final property inspections are organised. 

• Your lawyer ensures all conditions of the contract have been satisfied. 

At CM Lawyers, we manage these details efficiently through PEXA, the NSW digital settlement platform, ensuring secure, fast financial transfers and legal registration of ownership. 

Settlement Day 

On settlement day, ownership of your property officially transfers to the buyer. The buyer’s funds are released, your mortgage is discharged, and the buyer’s solicitor receives confirmation of title registration through NSW Land Registry Services. 

We verify that every legal and financial condition is fulfilled before releasing the property, ensuring there are no delays or disputes. 

Legal Obligations and Disclosures 

Sellers in NSW must disclose all relevant information about their property. Failing to do so can give the buyer the right to cancel the contract or claim compensation. 

Your disclosure obligations include: 

• Building and pest history 

• Unapproved works or extensions 

• Encumbrances such as easements, rights of way, or covenants 

• Tenancy details, if the property is leased 

• Environmental or zoning restrictions 

CM Lawyers conducts all relevant checks to ensure your disclosures are accurate and compliant with the Conveyancing Act 1919 (NSW). 

Important note: Non-compliance can lead to legal consequences and sale delays. 

Avoiding Common Legal Pitfalls 

Selling a home in NSW involves several potential traps that can cost sellers time, money, or even the sale itself. Some of the most common include: 

• Listing before preparing a valid contract – which can lead to penalties. 

• Failing to disclose unapproved renovations – risking post-sale disputes. 

• Delays in mortgage discharge – causing settlement failure. 

• Inaccurate settlement figures – leading to payment disputes. 

• Poor communication between lawyer, agent, and lender – delaying completion. 

At CM Lawyers, we ensure each step is handled precisely and professionally, eliminating risks before they impact your sale. 

The Hidden Costs of Selling 

Beyond agent commission, sellers should budget for several additional costs, including: 

• Legal and conveyancing fees 

• Mortgage discharge fees 

• Marketing and staging expenses 

• Outstanding rates or utilities 

• Capital gains tax (if the property is an investment) 

We provide a full cost estimate upfront so you can plan your finances and avoid any surprises. 

How a Property Lawyer Protects Your Sale 

A conveyancer can handle paperwork — but a solicitor can advise, negotiate, and represent you in complex legal matters. This is particularly important if: 

• Your property has unapproved works or structural issues. 

• You’re selling under a power of attorney or deceased estate. 

• The buyer raises legal disputes during the process. 

At CM Lawyers, we combine technical legal expertise with local market knowledge. We draft stronger contracts, anticipate issues, and guide you from listing to settlement — ensuring your transaction is both smooth and secure. 

Why Marrickville Sellers Choose CM Lawyers 

Our clients trust us because we combine: 

• Local knowledge of Marrickville and the Inner West market. 

• Over 30 years’ experience in NSW property law. 

• Fixed-fee pricing with no hidden costs. 

• Clear communication at every step. 

• End-to-end service — from contract preparation to final settlement. 

We work seamlessly with real estate agents, lenders, and buyers’ solicitors to protect your interests and help you achieve the best possible outcome. 

Final Word: Sell with Confidence and Legal Clarity 

Selling your Marrickville home doesn’t have to be stressful. With the right preparation, clear communication, and expert legal guidance, it can be an empowering and profitable experience. 

At CM Lawyers, we ensure your sale is legally sound, financially protected, and completed on time — giving you peace of mind from the moment you list to the moment you hand over the keys.