What goes into a contract for sale of land?

In New South Wales, a residential property can’t be marketed for sale until a contract for sale of land has been prepared. Before an agent can list the property or hold an open home, the vendor needs to instruct a lawyer or conveyancer to put the contract together — so getting it prepared promptly is often the first practical step in selling.

A contract for sale isn’t a single document. NSW law requires certain prescribed documents to be attached — disclosures the legislation says a buyer is entitled to see before committing. If they’re missing or defective, a purchaser may have a right to rescind, so getting the contract complete and correct matters.

A typical contract for sale will comprise:

• eConveyancing front pages
• Standard contract conditions
• Special contract conditions tailored to the sale
• Title search
• Deposited plan
• Any dealings affecting the title
• Planning certificate (section 10.7) from the local council
• Sewer service diagram and service location print
• Land tax certificate

Where a property is being sold at auction, the contract must also include the prescribed Conditions of Sale by Auction. And beyond the mandatory inclusions, the special conditions are where a well-drafted contract earns its keep — they can address deposit arrangements, settlement period, inclusions and exclusions, and protections specific to the vendor’s circumstances.

Brooklyn Lawyers prepares contracts for sale within short timeframes so your property can go to market quickly, and guides vendors through the conveyancing process from listing to settlement.