What to Include in a Contract of Sale in NSW
A Seller's Guide
Selling a property in New South Wales involves more than just finding a buyer and agreeing on a price. Before you can legally advertise your property for sale, you must prepare a Contract of Sale, a legally binding document that outlines the terms of the transaction. In NSW, this contract must include several key documents and disclosures to protect both the seller and the buyer.
At Allwright Bourke, we help sellers prepare rock-solid contracts that meet all legal requirements and avoid costly disputes down the track. Here’s what every NSW seller needs to include in their Contract of Sale.
1. Title Search
The title search is the foundation of your Contract of Sale. It confirms you have the legal right to sell the property and provides critical information about the property’s ownership, boundaries, and any restrictions on the title. This search also reveals:
Any registered easements or covenants
Mortgages or caveats over the property
Shared access arrangements
Why it matters: A clear and accurate title search reduces the risk of disputes and ensures the buyer knows exactly what they’re purchasing.
2. Zoning Certificate (Section 10.7 Certificate)
The zoning certificate provides essential information about how the property and surrounding land can be used. It’s a mandatory part of the contract and covers:
The zoning classification (e.g., residential, commercial, mixed-use)
Approved land uses and restrictions
Future development plans or proposed zoning changes
Why it matters: Buyers need to know if they can legally use the property for their intended purpose or if any planned developments might impact their enjoyment or property value.
3. Sewer Diagram
A sewer diagram shows the location of sewer mains, pipes, and connections on your property. It helps buyers understand potential maintenance costs and whether they can extend or renovate the property without hitting underground infrastructure.
Why it matters: This small but important detail can prevent costly surprises for the buyer and reduce the risk of disputes after settlement.
4. Inclusions and Exclusions
Your contract must clearly state what is included and excluded from the sale. Common inclusions might be:
Fixed appliances (e.g., ovens, dishwashers)
Light fittings and window coverings
Built-in furniture or cabinetry
Exclusions should also be clearly listed to avoid misunderstandings on settlement day.
Why it matters: Buyers often assume that everything they see at the open house is included — clear communication prevents disputes later.
5. Special Conditions
While standard contracts cover most scenarios, you may want to add special conditions to protect your interests. These might include:
Extended settlement periods
Early access for the buyer
Conditions for repairs or renovations before settlement
Why it matters: Special conditions allow you to customise the contract to your unique situation and avoid potential misunderstandings.
6. Disclosure Statements
In NSW, sellers are legally required to disclose certain information upfront. This includes:
Known defects or past repairs
Neighbourhood disputes or noise complaints
Any ongoing legal matters involving the property
Failing to disclose material facts can lead to costly disputes or contract termination.
Protect Your Sale with a Strong Contract
A well-prepared Contract of Sale is the cornerstone of a successful property transaction. It protects you legally, reduces the risk of disputes, and ensures the sale process runs smoothly from start to finish. At Allwright Bourke, we guide sellers through every step of the process, from contract preparation to settlement, ensuring nothing is overlooked.
Thinking of selling your property in NSW? Contact our experienced team today at admin@allwrightbourke.com to make sure your contract is complete, accurate, and legally sound.