Selling your own home in New South Wales.

NSW is the most expensive state in Australia to pay commission in, because it has the highest prices. At 2.1%, a $1,600,000 Sydney house costs $33,600 in commission before GST. Selling it yourself is legal, and the rules are clear. The one that catches people out comes first: in NSW you cannot advertise a home until the contract of sale is ready.

01 · Is it legal?

Can you sell your own house in NSW?

Yes. The NSW Government sets out selling privately as one of two ways to sell, next to using an agent. Licensing rules in NSW cover people who sell property for someone else. An owner selling their own home does not need a licence.

What you do need is a solicitor or a licensed conveyancer. The NSW Government’s own step list for a private sale starts with hiring one, and every NSW settlement now runs through the eConveyancing platform, which requires an authorised solicitor or conveyancer to represent you. You can technically do your own conveyancing, but the NSW Government is blunt about it: if you do, “you take on all the responsibility for the sale progressing in a legal manner”. On a seven-figure asset, pay the professional.

Your job as the seller is the rest of it: pricing, photos, the listing, enquiries, inspections and negotiating. That is the part an agent charges a percentage for.

02 · The contract

Why does the contract have to come before the ad?

Because the law says so. In NSW, a residential property cannot be put on the market until a contract of sale has been prepared by a lawyer or licensed conveyancer. This comes from section 52A of the Conveyancing Act 1919 and the Conveyancing (Sale of Land) Regulation 2022, which lists the documents that must be attached to the contract. The NSW Government calls them the prescribed documents.

What goes in the contract

• A property certificate (title search), the registered plan, and dealings for any easements or restrictions
• A drainage diagram
• A current planning (zoning) certificate from your council
• A statement of the buyer’s cooling-off rights in the prescribed form
• If you have a pool or spa: the pool documents covered in section 05 below

Your solicitor or conveyancer orders the searches and certificates, drafts the contract and attaches them. Only a lawyer or licensed conveyancer can change the contract’s terms once it is drafted.

What it costs

Fees vary between firms, and the NSW Government notes you also pay disbursements, such as title searches and certificate fees, on top of the professional fee. Ask for a fixed quote that covers the contract, the prescribed documents and the settlement, and ask which disbursements are extra. Get two or three quotes. The fee is small next to commission, but it is not zero.

03 · Cooling-off and deposits

How does the cooling-off period work in NSW?

On a private treaty sale of residential property, the buyer gets a cooling-off period of 5 business days. It starts when contracts are exchanged and ends at 5pm on the fifth business day after exchange. You, the seller, do not get one. Once you exchange, you are bound.

If the buyer pulls out during cooling-off, they forfeit 0.25% of the purchase price to you. That is $250 for every $100,000. A common pattern is a 0.25% deposit at exchange, with the balance of the deposit (usually 9.75%) due before cooling-off ends. The full deposit is 10% of the price unless the parties agree to less, such as 5%.

The section 66W certificate

A buyer can give up their cooling-off rights by handing you (or your solicitor or conveyancer) a certificate under section 66W of the Conveyancing Act. It is signed by the buyer’s own lawyer or conveyancer, confirming they have explained what waiving cooling-off means. With a valid 66W certificate at or before exchange, there is no cooling-off period. Buyers who are sure, or who are competing with other offers, use it to make their offer firmer.

Cooling-off can also be shortened or extended by agreement. Any change goes through your solicitor or conveyancer, not a handshake.

Who holds the deposit

Not you. The deposit is paid to a stakeholder named in the contract and held until settlement. In a private sale that is usually your solicitor’s or conveyancer’s trust account. Licensed conveyancers in NSW must keep client money in a trust account with an approved deposit-taking institution, and cannot use it for anything else. You receive the money at settlement, which typically happens about six weeks after exchange.

04 · Auctions and price

Can a private seller run an auction in NSW?

Most private sellers in NSW sell by private treaty: a price or price guide, offers, then exchange. Auctions are a different animal. NSW law prohibits an agent from conducting a property auction unless they are accredited as an auctioneer. Every bidder must be registered in the Bidders Record and given a bidder number, the auctioneer can make only one vendor bid and must announce it, and dummy bidding is illegal.

There is no cooling-off period on a home bought at auction, or on a contract exchanged on auction day after the home is passed in. That certainty is the main reason sellers choose auction. If you want one, budget for an accredited auctioneer and speak to your solicitor or conveyancer about the auction conditions.

Underquoting

NSW underquoting rules are written for agents. An agent must give you an estimated selling price in the agency agreement and cannot advertise below it, or use terms like “offers over” or “$XXX,000+”. If you sell entirely yourself, those agent rules do not bind you in the same way, but the principle still holds: a misleading price wastes buyers’ time and your weekends. Price the home at what the evidence says. Our free AI valuation reads recent comparable sales near you.

05 · Compliance

Pools, smoke alarms and the tax office.

Swimming pools and spas

If your property has a pool or spa, the contract must include a registration certificate from the NSW Swimming Pool Register and one of: a relevant occupation certificate issued in the last 3 years, a valid certificate of compliance, or a certificate of non-compliance. A certificate of compliance lasts three years.

Leave these out and the buyer may rescind the contract within 14 days of exchange, unless settlement has already happened. If you attach a certificate of non-compliance, the buyer takes on the job of fixing the barrier and has 90 days from settlement to do it, unless the pool poses a significant risk to public safety. These rules do not apply to strata or community schemes with more than two lots. Book the pool inspection early, because a failed barrier can take weeks to fix.

Smoke alarms

Smoke alarms are compulsory in NSW in every home where people sleep. They must meet Australian Standard 3786 and sit on the ceiling between sleeping and living areas, such as the hallway to the bedrooms, and on every other storey. Test them before your first inspection. Buyers and their building inspectors check.

Tax: three things to check

• ATO clearance certificate. Every Australian resident selling property needs one, whatever the price. Without it, the buyer must withhold up to 15% of the price and send it to the ATO. Apply online as soon as you decide to sell.
• Capital gains tax. Your main residence is generally exempt. Renting it out, running a business from it, or land over 2 hectares can change that.
• Land tax. Land you live in as your principal place of residence can be exempt from NSW land tax if you meet the eligibility rules. Investment properties usually are not, and land tax is often adjusted between buyer and seller at settlement.

This is general information, not tax advice. If the property is an investment, has been rented, or you have moved out, talk to your accountant before you list.

06 · Where we fit

What Unreserved does for NSW sellers.

Unreserved is a licensed real estate agency, and our founder is licensed in NSW under Automatic Mutual Recognition (home licence VIC 079257L). We do not replace your solicitor or conveyancer. Your conveyancer prepares the contract and runs the settlement. We do the part an agent charges commission for: the listing, the buyers and the price.

Every paid plan includes the AI Inspection Agent, a unified buyer inbox, contract and settlement support and a standard For Sale signboard. None charges commission and none has a lock-in contract.

07 · The cost

How much does it cost to sell a house in NSW?

Agent commission in Australia runs from about 1.8 to 3.5% of the sale price. The table below uses 2.1%, the conservative end, before GST and before any marketing package. Your solicitor or conveyancer is a cost under every option, agent or not, so it is left out.

08 · The honest part

When an agent is the better call in NSW.

Selling privately saves the most when the home is the kind buyers already search for and you can be there for inspections. Think twice if you cannot be reachable for a four to six week campaign, if the owners disagree about selling, or if the property is so unusual that a buyer has to be hunted rather than advertised to. In those cases, Plus puts a licensed agent on the sale for a flat fee. Or pay commission. That is a legitimate choice too.

Want to see how other owners present their homes? See live private listings.