Selling Your Property In Kiama — Key Conveyancing Steps You Shouldn’t Miss

When selling a property, it’s natural to focus on presentation, marketing and the eventual sale price. But behind every successful property transaction is a crucial legal process that protects both the seller and buyer: conveyancing. For homeowners and investors in Kiama, understanding the steps involved — and having the right solicitor guide you — can help prevent delays, disputes or compliance issues. This guide outlines the essential conveyancing steps when selling a property in Kiama, what documents you need to prepare and why working with an experienced Kiama solicitor is invaluable during the selling process.

Conveyancing is the legal and administrative process of transferring property ownership from a seller to a buyer. When you’re selling, your solicitor prepares the required documents, ensures the Contract for Sale is compliant with NSW legislation and oversees the entire settlement process.

The goal is to ensure a clear, legally sound transfer of title while helping both parties meet their contractual obligations. For sellers, it’s about providing accurate information upfront and following each step thoroughly.

Before you can list your property for sale, a complete and compliant Contract for Sale must be prepared. NSW law requires certain documents and disclosures to be included before the property can be advertised.

Your solicitor will organise:

Shows ownership details, permitted land use, zoning and any council or government restrictions.

Illustrates the property’s connection to water and sewer mains.

Includes rights of way, covenants or restrictions affecting the land.

Clarifies which fixtures, fittings or appliances are staying or being removed.

Having these documents ready ensures your property can be marketed legally and helps prevent delays once a buyer is found.

Disclosure is one of the most important responsibilities for sellers in NSW. You must disclose all relevant information about the property, including:

• Unapproved structures
• Boundary issues
• Easements or restrictions on title
• Outstanding notices
• Any defects or known issues

Your solicitor will identify what must be disclosed and include the necessary certificates and documents in the Contract for Sale. Failure to disclose required information may give buyers the right to withdraw from the contract or seek compensation — making accuracy crucial.

Being thorough at this stage protects you and ensures transparency throughout the transaction.

Once you’ve accepted an offer, your solicitor will manage the process of exchanging contracts between you and the buyer. Exchange is the point at which the sale becomes legally binding. Your solicitor will:

• Confirm the buyer’s deposit is paid into the correct trust account
• Review any special conditions (e.g., extended settlement dates, pest & building clauses)
• Ensure all details in the contract are accurate
• Coordinate the signing of identical contracts by both parties

After exchange, buyers may have a cooling-off period unless they have waived this right. Your solicitor will then begin preparing the matter for settlement.

Settlement is the stage where legal ownership transfers to the buyer and the balance of funds is paid. This typically occurs several weeks after the exchange of contracts. Before settlement, your solicitor will:

• Communicate with the buyer’s representative and all lenders involved
• Confirm payout figures for your existing mortgage
• Adjust council rates, water usage and strata levies up to settlement
• Arrange discharge of mortgage documents (if applicable)

These steps are completed through PEXA, the secure electronic property settlement platform used in NSW.

On settlement day, your solicitor will finalise the transfer of ownership through PEXA. Once the transaction is completed:

• Settlement funds are transferred to the seller and any relevant parties
• Title records are updated electronically to show the new owner
• The selling agent is authorised to release the keys to the buyer

Your solicitor will then provide you with confirmation of settlement and a final settlement statement summarising all adjustments and payments.

Many property sales encounter delays due to missed steps or incomplete documentation. Common issues include:

• Listing the property without a complete Contract for Sale
• Failing to disclose known issues, which could void the contract
• Unresolved boundary or title concerns, such as unregistered easements
• Late mortgage discharge requests, causing settlement delays

Being proactive and engaging an experienced Kiama solicitor helps reduce the risk of these setbacks.

Local knowledge is a major advantage when selling property. A Kiama solicitor is familiar with:

• Local council requirements
• Zoning and planning considerations
• Kiama’s property market conditions
• Regional settlement expectations

They also maintain strong relationships with local real estate agents, surveyors and lenders — improving communication and reducing delays.

Whether you’re selling your home or an investment property, a solicitor’s role is to guide you through each legal step and ensure the sale proceeds smoothly from start to finish.

Selling property involves much more than accepting an offer. Conveyancing provides the legal foundation for a secure and compliant sale.

To recap:

• Prepare a complete Contract for Sale before listing
• Disclose all required documents and certificates
• Carefully review contract terms during exchange
• Notify your lender early to arrange mortgage discharge
• Work closely with your solicitor to navigate settlement through PEXA

Each of these steps protects your interests and ensures a transparent, compliant transaction.

If you’re selling property in Kiama, having the right legal support from the start makes a significant difference. The team at Lewis & McKinnon Solicitors can assist with all aspects of conveyancing in Kiama — from preparing contracts and disclosures to managing settlement. To speak with a solicitor or learn more about conveyancing in Kiama, contact the team directly. When searching for “conveyancing near me”, Lewis & McKinnon is here to help.

Visit our website: https://www.lewisandmckinnon.com.au/