Selling a property in Australia involves more than finding a buyer and signing a contract. If you're managing the sale independently—especially without a traditional real estate agent—you need to ensure you meet every legal requirement. A thorough legal checklist for selling helps you stay compliant and avoid delays, disputes, or penalties.
With platforms like For Sale By Home Owner, more sellers are choosing to handle conveyancing without agent. This approach can save thousands in commission, but it also means the responsibility for the legal process rests on your shoulders. To help you stay on track, here’s what should be included in a complete legal checklist for selling your property.
Title Search and Ownership Confirmation
Before you even list your home, ensure the ownership details are correct. You’ll need to:
- Conduct a title search to verify legal ownership
- Confirm that there are no outstanding mortgages or encumbrances
- Ensure any caveats or third-party interests are disclosed
If the property is jointly owned, all parties must agree to the sale. This step is crucial to avoid delays once a buyer is found.
Prepare the Contract of Sale
A key item on any legal checklist for selling is the contract of sale. In most states, the seller must have this ready before marketing the property. The contract should include:
- Property title and description
- Sale price and deposit amount
- Conditions of sale (subject to finance, building inspection, etc.)
- Settlement date
- Inclusions and exclusions (e.g., fixtures, appliances)
When doing conveyancing without an agent, it’s a smart move to engage a conveyancer or solicitor to draft or review this document. Even though you’re not using an agent, legal advice is still essential at this stage.
Disclosure Obligations
Australian property laws require you to disclose any known issues that could affect the buyer’s decision. This includes:
- Structural defects
- Pest infestations
- Unapproved renovations or additions
- Easements or zoning restrictions
State-specific documents—like the Section 32 Vendor Statement in Victoria or Form 1 in South Australia—must be completed accurately. Failing to provide full disclosure can result in contract termination or legal action.
Arrange Building and Pest Inspections
While not always legally required, arranging these inspections upfront can strengthen your position as a seller. Buyers appreciate transparency, and pre-inspection reports can reduce the risk of the sale falling through due to unexpected issues.
If the buyer conducts their own inspections, make sure you understand your rights and obligations around repairs or renegotiation.
Deposit Handling and Trust Account
The deposit must be held in a legally compliant trust account, often managed by the seller’s solicitor or conveyancer. As you’re completing the sale without an agent, it’s critical to:
- Use a licensed legal professional to hold the deposit
- Issue a receipt and written confirmation to the buyer
- Ensure the deposit terms are outlined clearly in the contract
Avoid managing the deposit yourself, as this can lead to trust violations or disputes.
Settlement Preparation
As the settlement date approaches, work with your solicitor or conveyancer to:
- Finalise outstanding mortgage payouts
- Ensure council rates, water charges, and strata levies are up to date
- Provide vacant possession if required
- Prepare documents for the transfer of ownership
Even if you're pursuing conveyancing without an agent, you must coordinate all parties—your legal representative, the buyer’s representative, and any financial institutions involved—to ensure a smooth settlement.
Handover and Final Inspection
In most private sales, the buyer is entitled to a final inspection before settlement. Make sure the property:
- Is in the agreed condition
- Has all included fixtures and fittings in place
- Is cleaned and ready for the buyer
Prepare keys, remotes, and manuals to hand over on the day of settlement.
Final Thoughts
A clear, well-structured legal checklist for selling is essential for anyone completing a property transaction without an agent. From confirming ownership to meeting disclosure obligations and managing the contract, every step must be handled correctly.
By using For Sale By Home Owner, you can market your property effectively while saving thousands in commission. And with proper legal support and a detailed checklist, managing conveyancing without an agent becomes a straightforward, rewarding experience.
