Conveyancing - sell your property

We help property vendors prepare the contract of sale, manage the purchaser's conditions, and coordinate settlement so the transaction completes on time.

Selling property involves more than accepting an offer. The contract must be correctly prepared, the purchaser’s conditions managed within their deadlines, and settlement coordinated with your lender and the purchaser’s solicitor. We act for vendors to make sure the contract protects your position and settlement proceeds without issue.

What is involved in selling property?

In South Australia, vendors of real property are required to provide certain prescribed documents to the purchaser before the contract is signed, as required under the Land and Business (Sale and Conveyancing) Act 1994 (SA). These include a Form 1 disclosure statement setting out material matters affecting the property. The vendor is responsible for ensuring the title is unencumbered at settlement, discharging any mortgages, and delivering vacant possession unless otherwise agreed. Stamp duty is payable by the purchaser under the Stamp Duties Act 1923 (SA), but the vendor must ensure all conditions of the contract are met and that the transfer is lodged in accordance with the settlement schedule. Electronic settlement through PEXA has replaced paper-based settlement in most transactions.

What is a Form 1 and what do I need to disclose?

A Form 1 is a prescribed disclosure document required under the Land and Business (Sale and Conveyancing) Act 1994 (SA) that sets out material matters affecting the property, including encumbrances, easements, rights of way, and notices from authorities. The purchaser has a cooling-off period after receiving the Form 1, so it must be correctly prepared and served before the contract is signed. We prepare the Form 1 and advise on what is required to be disclosed for your property.

What happens if the purchaser cannot settle on time?

If the purchaser fails to settle on the settlement date, the vendor is generally entitled to charge penalty interest at the rate set out in the contract. If the purchaser does not settle within the period allowed, the vendor may be entitled to terminate the contract and forfeit the deposit. We advise on your options and manage the process if settlement is delayed or at risk.

Do I need to discharge my mortgage before settlement?

Yes, if there is a mortgage over the property it must be discharged at or before settlement so the purchaser receives clear title. We liaise with your lender to arrange the discharge and ensure the timing aligns with the settlement date. Any shortfall between the sale proceeds and the amount owed to your lender will need to be covered at settlement.

When do I receive the sale proceeds?

Sale proceeds are typically paid to the vendor on settlement day through the PEXA platform, after the purchase price is received and your mortgage discharge is processed. The net proceeds, after deduction of the deposit already paid, agent commission, and any other adjustments, are transferred to your nominated account. We advise on the expected net proceeds and the timing of payment before your settlement date.

Contract prepared to protect your position as vendor.

Form 1 prepared correctly so the sale proceeds.

Settlement coordinated so the proceeds arrive on time.

A vendor who is not properly represented is in a weaker position when issues arise.

Condition disputes, settlement delays, and disclosure obligations can all create liability for vendors who do not have proper legal support. The contract you sign determines your rights for the entire transaction.

Selling property involves legal obligations that apply from the moment you sign.

You have accepted an offer and the sale is proceeding. But the contract has not been fully reviewed, the Form 1 disclosure obligations need to be met, and settlement requires coordination with your lender and the purchaser’s solicitor. Vendors who are not properly represented can face disputes over conditions or settlement delays that affect the proceeds and the completion date.

We will prepare or review the contract of sale and advise on any terms that affect your obligations.
We will prepare the Form 1 disclosure statement and ensure your disclosure obligations are met.
We will liaise with your lender to arrange the mortgage discharge.
We will coordinate settlement through PEXA and confirm your net proceeds are paid on the day.

You want your sale to complete and your proceeds in your account, without being exposed to risks you did not know existed.

You have accepted an offer and you are ready to move on. But disclosure obligations, mortgage discharge, and settlement coordination all need to happen in the right order, and a vendor without proper legal support can face disputes or delays that hold up the proceeds or give the purchaser grounds to walk away. You want someone to manage the process so your sale completes on time and your proceeds are paid.

What's included in your property sale service

Contract of sale review and advice.
Form 1 disclosure statement preparation.
Mortgage discharge coordination with your lender.
Purchaser condition management.
Settlement coordination through PEXA and proceeds confirmation.

What goes wrong when vendors proceed without proper legal representation?

Vendors who proceed without legal advice can face disputes about undisclosed defects or encumbrances that the Form 1 failed to identify. Contracts that do not adequately protect the vendor’s position can leave the vendor unable to enforce settlement or claim penalty interest when the purchaser delays. Poor coordination with lenders can result in the mortgage discharge arriving after settlement, holding up the proceeds and causing the settlement to fail.

Here is how we manage your sale from contract to settlement.

We review the contract and advise on any terms that create risk for you as the vendor. We prepare the Form 1 accurately and manage the disclosure process so the purchaser’s cooling-off period runs without issue. We coordinate with your lender to time the discharge correctly and manage settlement through PEXA so your proceeds are paid on the agreed settlement date.

Three steps to a completed property sale.

Contract reviewed, disclosure done, settlement and proceeds on time.

Prepare and disclose.

We review the contract, prepare the Form 1, and make sure your disclosure obligations are met before the purchaser's cooling-off period begins.

Manage conditions and discharge.

We manage the purchaser's conditions, liaise with your lender to arrange the mortgage discharge, and prepare settlement documents.

Settle and confirm proceeds.

We coordinate settlement through PEXA and confirm your net proceeds are paid to your account on settlement day.

Conveyancing lawyers experienced in residential and commercial property sales across Australia.

Selling property involves more moving parts than most vendors anticipate, from disclosure obligations through to lender coordination and settlement. Our role is to make sure every step is completed correctly, your obligations as a vendor are met, and you receive your proceeds on the agreed settlement date. We have acted for vendors across a range of residential and commercial transactions and understand what is required to get a sale across the line.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to proceed with your property sale?

How to co-own property without conflict, confusion, or costly mistakes

You’ve been told to make a family trust election. Here’s what that actually means.

Changes to trust taxation in the Federal Budget: Is there still a case for keeping a family trust in my structure?

How we built our AML/CTF compliance into the way we already work

Tagged 282