Selling a Strata Property in Marrickville: What Every Owner Needs to Know

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

Selling a strata property in Marrickville can be rewarding — but it’s also far more complex than selling a freestanding home. From Owners Corporation obligations to legal disclosure requirements, strata sales involve extra layers of paperwork, approvals, and compliance. 

At CM Lawyers, we’ve helped countless Marrickville apartment and townhouse owners navigate the process smoothly while protecting their financial and legal interests. This expert guide explains what every strata owner needs to know before selling — including your legal responsibilities, common pitfalls, and how to secure a stress-free, profitable sale.  

Understanding Strata Ownership in NSW

When you own a strata property, you own your individual lot (your apartment, townhouse, or unit) and share ownership of the building’s common property — everything from stairwells and driveways to roofs and gardens. 

Because of this shared structure, selling a strata title property comes with additional legal considerations compared to selling a house. You must disclose more information, provide extra documentation, and ensure compliance with NSW strata legislation. 

Our CM Lawyers team in Marrickville ensures every step of your strata sale meets NSW’s strict requirements while helping you present your property confidently to buyers. 

Prepare a Legally Compliant Contract for Sale

In NSW, it’s illegal to market a strata property before a Contract for Sale of Land has been prepared. This contract must include specific strata-related documents beyond what’s required for standalone homes. 

The contract must contain: 

• Current title search and strata plan 

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

• Sewer and drainage diagrams 

• Strata by-laws and management statement 

• Section 184 Certificate (formerly known as the s109 certificate) detailing levies, insurance, and building compliance 

• Details of special levies, capital works, or major maintenance in progress 

At CM Lawyers, we prepare and review your contract early in the process so your agent can list the property legally and without delay. We also ensure the documents are current and accurate — giving buyers confidence and preventing disputes later. 

Know Your Legal Disclosure Obligations

As a strata seller, you are legally required to disclose key information about the property and the Owners Corporation. These disclosures protect buyers and ensure transparency. 

You must disclose: 

• Any unpaid strata levies or outstanding fees 

• Any special levies approved or proposed 

• Ongoing building defect claims or litigation 

• By-laws that restrict renovations, pets, or parking 

• Major building works or future capital works plans 

Failure to provide accurate disclosures can allow a buyer to rescind the contract — meaning they can walk away without penalty, even after paying a deposit. 

Our lawyers review your building’s records and liaise with your strata manager to confirm that every disclosure meets the Conveyancing Act 1919 (NSW) and Strata Schemes Management Act 2015 (NSW) requirements. 

Get Your Strata Records in Order

Before you list your property, ensure that your building’s financial and maintenance records are well-organised. Buyers and their solicitors will review the strata inspection report, so you’ll want the building’s paperwork to reflect responsible management. 

Check that: 

• Levies are paid and current. 

• Insurance is valid and adequate. 

• The strata committee has up-to-date meeting minutes and financial statements. 

• No unreported disputes exist with contractors or residents. 

We can help you obtain and review your Section 184 Certificate, ensuring it reflects a stable, compliant building — something that gives buyers peace of mind and improves the marketability of your property. 

Ensure Compliance with By-Laws and Approvals

Buyers will expect to know that your lot and any renovations comply with strata by-laws. Common issues arise when sellers make improvements — such as flooring, air-conditioning, or balcony upgrades — without formal Owners Corporation approval. 

CM Lawyers can help you: 

• Verify approvals for previous renovations. 

• Apply retrospectively for authorisation if needed. 

• Review by-laws that could impact your sale. 

Being transparent about compliance from the start builds buyer trust and avoids delays during contract review. 

Price and Market Strategically

Marrickville’s strata market is highly competitive. Apartments close to shops, transport, and lifestyle amenities often attract multiple offers, but pricing must be carefully calibrated. 

Your real estate agent will advise on market value, but your lawyer ensures your contract and settlement conditions complement your price strategy. 

For example, including flexible settlement dates, pre-approved inclusions, and complete documentation can give buyers greater confidence — allowing you to secure higher offers faster. 

Avoid Legal Pitfalls During the Sale Process

Even minor oversights can lead to significant problems. Some of the most common pitfalls when selling strata property include: 

• Missing or outdated Section 184 Certificates 

• Failure to disclose pending building works 

• Unapproved renovations affecting common property 

• Delays in mortgage discharge 

• Incomplete strata documentation at exchange 

At CM Lawyers, we identify and resolve these issues before they derail your sale. Our proactive approach protects your timeline, your reputation, and your profit. 

Coordinate Between Your Strata Manager, Agent & Lawyer

Selling a strata property requires close coordination between multiple parties — your agent, your strata manager, your lender, and your lawyer. Miscommunication between these parties is one of the most common causes of settlement delays. 

Our Marrickville property lawyers act as your central point of contact, managing communication, confirming deadlines, and ensuring all documentation flows smoothly. This level of organisation reassures buyers and helps settlements proceed on time. 

Pre-Settlement and Settlement Steps

Once contracts are exchanged, the buyer pays a deposit, and the sale becomes legally binding. During the pre-settlement period, CM Lawyers will: 

• Liaise with your lender to discharge the mortgage. 

• Confirm all levies and rates adjustments are settled. 

• Verify the accuracy of the settlement statement. 

• Conduct settlement electronically through PEXA for fast, secure transfer of funds. 

On settlement day, ownership of the property transfers to the buyer through NSW Land Registry Services, and the transaction is officially complete. 

Hidden Costs and Fees to Expect

Beyond agent commissions, strata sellers should budget for: 

• Legal and conveyancing fees 

• Section 184 certificate fees from the strata manager 

• Mortgage discharge fees 

• Marketing and photography 

• Council and water rate adjustments 

• Capital gains tax (if applicable) 

We provide full cost estimates at the start of your sale, so you can plan your finances with confidence. 

Why a Property Lawyer Is Essential for Strata Sales

While licensed conveyancers can handle basic property transfers, only a solicitor can provide legal advice and representation if a dispute arises. This is critical in strata sales, which often involve complex documentation and shared ownership structures. 

CM Lawyers offers: 

• Comprehensive contract preparation and legal review 

• Advice on strata law compliance and by-laws 

• Dispute resolution support if issues arise during the sale 

• Full settlement coordination with lenders and strata managers 

We don’t just handle paperwork — we protect your rights, your finances, and your peace of mind. 

Why Marrickville Owners Trust CM Lawyers

• Local Expertise: Deep understanding of Marrickville’s apartment and townhouse market. 

• Experience: Over 30 years in NSW property and strata law. 

• Efficiency: Fast, reliable settlements with zero surprises. 

• Fixed-Fee Transparency: No hidden charges. 

• Full Legal Protection: Beyond conveyancing — complete legal support. 

When you sell with CM Lawyers, you’re backed by a team that knows how to keep your transaction compliant and your property competitive. 

Final Word: Sell Smart, Sell Securely

Selling a strata property in Marrickville involves more than listing your apartment — it’s a legal process that demands accuracy, transparency, and expert guidance. From ensuring your by-laws are in order to managing your contract and disclosures, every detail matters. 

At CM Lawyers, we handle it all — providing local insight, strong legal protection, and stress-free service. Sell with confidence knowing your sale is secure, compliant, and designed for the best possible outcome.