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Conveyancing

NSW

A complete matter management solution for practitioners running a busy conveyancing practice in New South Wales.

4 Matter Plans

Overview

The Sale and Purchase of Real Property matter plans cover all the common and less frequent issues that arise in conveyancing matters. Each step of the transaction is outlined in sequential order, with all required precedents conveniently located, along with links to the relevant sections of the comprehensive commentaries.

The Retirement Villages commentary covers standard contracts and mandatory documents, duties, taxes and rates, commencing and ending a residency, termination of contracts and dispute resolution.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Also included is 1001 Conveyancing Answers (NSW), which is a useful reference guide.

Precedents in this publication include:

  • By Lawyers Contract for Sale of Land
  • A full suite of letters to:
    • clients;
    • real estate agents; and
    • mortgagees.
  • Library of further terms;
  • Library of other agreements, deeds, and contracts;
  • Option agreement and notices.
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4 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Sale of Real Property (NSW)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 1001 Conveyancing Answers (NSW)
    • Item icon 101 Costs Answers
    • Item icon A Brief Explanation of the Transition to E-Conveyancing
    • Item icon A Full Description of the Sale Process in NSW
    • Folder icon Papers and articles - Conveyancing and property
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
      • Item icon Adjustment for cladding agreements
      • Item icon Adjustment of rates
      • Item icon Adjustment of rent
      • Item icon Adjustments
      • Item icon Adjustments and land tax in 2024
      • Item icon Agreement to lease
      • Item icon Avoiding off the plan - Quality defects
      • Item icon Avoiding off the plan - Statutory rights
      • Item icon Avoiding off the plan contracts - A sequel
      • Item icon Bits and pieces
      • Item icon Breach of contract - Penalty interest
      • Item icon Breach of contract – Reasonably foreseeable loss
      • Item icon Breach of section 32
      • Item icon Caveats (Vic)
      • Item icon Caveats - Forcible removal 1
      • Item icon Caveats - Forcible removal 2
      • Item icon Caveats - Insufficient proceeds from settlement
      • Item icon Caveats - Tenant’s caveats and the sale or mortgaging of freehold property
      • Item icon Caveats - Use them!
      • Item icon Costs and caveats
      • Item icon Certificates of title in electronic conveyancing
      • Item icon Clayton's settlement
      • Item icon Compensation for loss
      • Item icon Contamination
      • Item icon Contract – Australian Consumer Law – Impact on residential conveyancing
      • Item icon Contract - Avoiding off the plan contracts 1
      • Item icon Contract - Avoiding off the plan contracts 2
      • Item icon Contract - Changing the contract by special condition
      • Item icon Contract - Electronic conveyancing special condition
      • Item icon Contract - Electronic signatures
      • Item icon Contract - Entire contract
      • Item icon Contract - Guarantee
      • Item icon Contract - Is there a contract?
      • Item icon Contract - Misleading contracts
      • Item icon Contract - New contract
      • Item icon Contract - New contract - Contract of sale tweaked
      • Item icon Contract - New contract - Happy anniversary
      • Item icon Contract - New special conditions for contract of sale
      • Item icon Contract - Nomination
      • Item icon Contract - Terms contracts 1
      • Item icon Contract - Terms contracts 2
      • Item icon Contract - Terms contracts 3
      • Item icon Contract - Trust transactions
      • Item icon Cooling off
      • Item icon Co-owners - Joint tenancy or tenancy in common
      • Item icon Co-owners and easements – Two topics
      • Item icon Covenant - Removal of covenants 1
      • Item icon Covenant - Removal of covenants 2
      • Item icon Defects - Essential safety measures - Part 1
      • Item icon Defects - Essential safety measures - Part 2
      • Item icon Defects - Occupancy and insurance certificates
      • Item icon Deposit - Deposit release - 2010
      • Item icon Deposit - Deposit release - 2017
      • Item icon Deposit - Deposit release - A solution?
      • Item icon Deposit - Deposit release - Tough decisions?
      • Item icon Deposit - Deposit release - Why take the risk?
      • Item icon Deposit - Forfeiture of deposit
      • Item icon De-regulated Contract of Sale of Land
      • Item icon Deterioration - A matter of degree
      • Item icon Deterioration - General condition 24 has teeth
      • Item icon Deterioration - State of the premises
      • Item icon Disclosure of death
      • Item icon Estate agent - Agent beware
      • Item icon Estate agent’s commission – Money for nothing
      • Item icon Foreign residents capital gains tax withholding
      • Item icon GST - GST and mistake
      • Item icon GST - Margin scheme
      • Item icon GST withholding
      • Item icon Inadvertent disclosure
      • Item icon Inspection - Right to inspect
      • Item icon Land tax - Part 1
      • Item icon Land tax - Part 2
      • Item icon Land transfer duty benefits
      • Item icon Lease - Abandoned goods
      • Item icon Lease - Landlords beware
      • Item icon Lease - Retail lease
      • Item icon Lease - Retail lease - Predominant use
      • Item icon Lease - Retail lease cost
      • Item icon Lost trust deeds
      • Item icon Material facts
      • Item icon Measurements
      • Item icon Mortgage stress
      • Item icon Nomination
      • Item icon Nomination and the Australian Consumer Law
      • Item icon Nomination disputes
      • Item icon Notice of action
      • Item icon Notices - Liability for notices
      • Item icon Off the plan duty concessions
      • Item icon Owner-builder insurance
      • Item icon Owner-builders
      • Item icon Owners corporations
      • Item icon Personal Property Securities Act
      • Item icon Planning certificates - Accuracy
      • Item icon Power of attorney
      • Item icon Priority notice
      • Item icon Property - Rules and undertakings
      • Item icon Rescission - Consequences of rescission 1
      • Item icon Rescission - Consequences of rescission 2
      • Item icon Rescission - Costs on rescission
      • Item icon Retail lease outgoings
      • Item icon Retail premises
      • Item icon Retail repairs
      • Item icon Retail repairs revisited
      • Item icon Sale of land amendments
      • Item icon Scary short-stays
      • Item icon Self managed superannuation funds
      • Item icon Septic situation
      • Item icon Sheriff - Enforcement procedure
      • Item icon Sheriff's sale - Part 1
      • Item icon Sheriff's sale - Part 2
      • Item icon Solicitor - Lawyers selling real estate
      • Item icon Solicitor – Executor’s commission 1 – Horns of a dilemma
      • Item icon Solicitor - Executor's commission 2 - A fiduciary duty
      • Item icon Solicitor – Liability for commercial advice
      • Item icon Stamp duty concessions
      • Item icon Subdivision - Off the plan sales
      • Item icon Subdivision - Off the plan sales - Best endeavours - Part 1
      • Item icon Subdivision - Off the plan sales - Best endeavours - Part 2
      • Item icon Subdivision - Off the plan sales - Materially affects
      • Item icon Subdivision - Off the plan sales - Sunset conditions
      • Item icon Subdivision - Owners corporation certificates
      • Item icon Subdivision - Owners corporation repairs
      • Item icon Subdivision - Owners corporations
      • Item icon Subject to contract
      • Item icon Sunset clause – Vendor ending a contract – Purchaser’s consent or court order required
      • Item icon Time of the essence
      • Item icon To be or not to Airbnb
      • Item icon Trade practices – Fair trading in property transactions
      • Item icon Vendor statement - Aboriginal Heritage Act
      • Item icon Vendor statement - Breach of section 32
      • Item icon Vendor statement - Growth areas infrastructure contribution
      • Item icon Vendor statement - Honest and reasonable
      • Item icon Vendor statement and leases
      • Item icon Vendor statement review
      • Item icon Vendor statements and the Australian Consumer Law
      • Item icon Vendor's duty to co-operate
      • Item icon Wills and estates - Death in the house
    • Item icon Further information
  • Item icon Overview
    Conveyancing transactions transfer the title and use of real property from one party to another. Conveyancing is not adversarial despite the current trend to make it so. This is mainly due to the disclosure regime that governs the transaction, statutory warranties, and the practice of obtaining ...

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  • Item icon Summary of the process
    The usual steps in conducting a sale of real property matter include:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Sale of real property
    • Item icon Detailed file cover sheet - Sale of real property
    • Item icon To do list - Sale of real property
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Folder icon Verifying identity and client authorisation
      • Item icon Verification of identity in electronic conveyancing transactions
      • Item icon Client Authorisation
        A Client Authorisation enables the client to authorise a solicitor or conveyancer to act on their behalf for an electronic transaction. Although the authorisation is similar to a power of attorney, legislation specifically states a Client Authorisation is not a power of attorney. If a power of ...

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      • Folder icon Library of identity and authorisation forms - NSW
        • Item icon Verification of identity certificate
        • Item icon Client authorisation
        • Item icon Identifier declaration
        • Item icon Identity agent certification
        • Item icon Australian Embassy/High Commission/Consulate certification form
    • Item icon Retainer instructions - Sale of real property
    • Item icon Conflict of interest check
    • Item icon Initial letter to vendor with cost disclosure and council authority
    • Item icon Enclosure - Schedule of fixed fees
    • Item icon Costs agreement - NSW
    • Item icon Scope of work - Sale of real property
    • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Conveyancers costs disclosure - NSW
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Initial letter to agent before sending contract
    • Folder icon If required - Authorities
      • Item icon Letter to solicitor with authority for documents
      • Item icon Authority to solicitor to forward documents
      • Item icon Authority for council records inspection by purchasers
      • Item icon Authority for strata records inspection by purchasers
      • Item icon Letter to vendor acknowledging we act for both parties
      • Item icon Authority to lodge a land use application
      • Item icon Irrevocable authority
    • Folder icon If required - Power of attorney for land
      • Item icon Powers of attorney for land transactions
        Sections 23C and 54A of the Conveyancing Act 1919 allow a contract to be signed by a duly authorised agent in writing. However, if a document required to be registered, such as a transfer, is signed by an attorney, then the power must be registered. A power of attorney authorises the ...

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      • Item icon General power of attorney - Client 1
      • Item icon Enduring power of attorney - Client 1
      • Folder icon If required - NSW Land Registry Services power of attorney
        • Item icon General power of attorney
        • Item icon Enduring power of attorney
      • Folder icon Library of clauses for power of attorney
        • Item icon Company appoint attorney to conduct the business of the company
        • Item icon Access to will
        • Item icon Company appoint attorney to execute documents
        • Item icon Director appointing substitute during absence
        • Item icon Discharge of mortgage
        • Item icon Purchase of real property
        • Item icon Mortgage
        • Item icon Sale of real property
        • Item icon Application for probate or administration - Executor out of jurisdiction
      • Item icon Deeds index particulars
    • Folder icon Foreign resident capital gains withholding
      • Item icon Foreign resident capital gains withholding payments
        The foreign resident capital gains withholding provisions of the Taxation Administration Act 1953 (Cth) provide that when a property is sold, the purchaser is required to withhold 15% of the purchase price and remit it to the Australian Taxation Office (ATO) unless the vendor provides a clearance ...

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      • Item icon Letter to client regarding foreign resident capital gains withholding payment
      • Item icon Foreign resident capital gains withholding clearance certificate application
      • Item icon Foreign resident capital gains withholding purchaser payment notification
      • Item icon Foreign resident capital gains withholding rate variation application
    • Item icon Withholding payment of GST on purchase of certain real property
      The requirement for purchasers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under Subdivision 14-E of Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all ...

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    • Item icon Letter to purchaser client regarding GST withholding payment
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Contract
    • Item icon Forming the contract
      Form of contract While the law prescribes no form of contract, various requirements are specified before a contract, once created, can be enforced. Various conditions are implied in a contract that does come into existence. Provided the contract complies with these various requirements, and the ...

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    • Item icon Comparing the By Lawyers contract and the Law Society contract
    • Folder icon Contract for Sale of Land - By Lawyers 2025
      • Item icon By Lawyers contract
      • Item icon Contract for sale of land - Part 1 of 2 - Particulars of sale - By Lawyers NSW 2025
      • Item icon Contract for sale of land - Part 2 of 2 - Terms and conditions - By Lawyers NSW 2025
      • Item icon Accompanying notes for By Lawyers Contract
    • Folder icon Contract for Sale of Land - Law Society
      • Item icon Law Society contract
        The Law Society has published a 2022 edition of the contract. If using the Law Society contract, the 2022 edition must be used for contracts made from and including 1 March 2023. The Law Society of New South Wales website has a Property Law page that has further information, ...

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      • Item icon Contract for sale and purchase of land - Law Society 2022 edition - pages 1-4
      • Item icon Digital Contracts Service - Contract for the Sale and Purchase of Land - Law Society of New South Wales
      • Item icon Section 66W certificate - Prepared by vendor
      • Item icon Standard special conditions
    • Item icon InfoTrack - Electronic Contract for Sale
    • Folder icon If required - Residential off the plan contract - Disclosure statement
      • Item icon Disclosure statement - off the plan contracts
    • Item icon GST residential withholding - Supplier notification
    • Item icon Disclosure and requirements for listing contract
      Contracts for sale of land In addition to being formally valid and enforceable, a contract for the sale of land must also satisfy statutory disclosure and warranty obligations. Failure to do so will not make the contract invalid or void. However, it may be unenforceable by one party, the vendor, ...

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    • Item icon Statutory warranty
      Section 52A of the Conveyancing Act 1919 provides that a vendor will be deemed to have included in the contract such terms, conditions, and warranties as may be prescribed. S 52A provides that the Conveyancing (Sale of Land) Regulation 2022 may make provision for or with respect to the ...

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    • Item icon Title
      The property will either have a Torrens, old system, qualified, strata, community, crown, or leasehold title, and will be registered or the subject of a proposed subdivision.

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    • Item icon Price and taxes
      It must be unambiguous whether GST is payable by the purchaser and whether it is included in the price. If substantial inclusions are involved, then apportionment of the price between the property and the inclusions may be necessary for tax purposes. Transfer duty is payable on the price inclusive ...

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    • Item icon Inclusions
      Disputes about inclusions often arise. Typically disputes arise over such items as birdbaths, large entrance pots, cubby houses, and old property nameplates. The express noting of all inclusions and exclusions needs to be reviewed. Improvements encompass all things attached to the land and the ...

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    • Item icon Contract conditions
      Both the By Lawyers and the Law Society contract are designed to obviate the need for any alterations and additions to the contract. When using the By Lawyers contract in most matters it will not be necessary to add any special conditions because the special conditions customarily ...

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    • Folder icon Library of special conditions
      • Item icon Foreign resident capital gains withholding
      • Item icon Aboriginal claims
      • Item icon Agent's interest - Disclosure
      • Item icon Auction - Conditions of sale of land
      • Item icon Building - Completion subject to major domestic building work
      • Item icon Building certificate - Completion subject to purchaser obtaining
      • Item icon Building report - Completion subject to satisfactory report
      • Item icon Confidentiality - Purchaser
      • Item icon Contamination - Purchaser accept any contaminant
      • Item icon Contamination - Purchaser accepts named contaminant
      • Item icon Covenant - To produce for inclusion in conveyance
      • Item icon Defects liability - Builder vendor - No liability period
      • Item icon Defects liability - Builder vendor - 3 month liability period
      • Item icon Defects liability - Minor defects period
      • Item icon Deposit - Bond issued to vendor
      • Item icon Deposit - Exchange on less than 10 per cent
      • Item icon Deposit - Investment in interest bearing trust account
      • Item icon Deposit - Payment of 2 instalments if cooling off period applies
      • Item icon Deposit - Release for use by vendor as deposit or transfer duty
      • Item icon Development - Vendor will facilitate purchasers proposed development
      • Item icon Development application - Completion subject to
      • Item icon Development application - Vendor to consent following exchange
      • Item icon Documents - Attached
      • Item icon Early settlement - Discount for
      • Item icon Early settlement - Discount price - Time critical to vendor
      • Item icon Executor - Vendor executor and not yet registered proprietor - Electronic settlement
      • Item icon Finance - Completion subject to - Concise
      • Item icon Finance - Completion subject to - Extensive
      • Item icon Finance - Completion subject to - Named lender
      • Item icon Finance - Supplied by vendor
      • Item icon Foreign purchaser - Completion subject to FIRB approval
      • Item icon Foreign purchaser - Warranty regarding foreign person status
      • Item icon GST - Apportionment of price - Agreed values
      • Item icon GST - Apportionment of price - Valuation required
      • Item icon GST - Farm land supplied for farming
      • Item icon GST - Included in price margin scheme applies no input tax credit
      • Item icon GST - Payable by purchaser in addition to price
      • Item icon GST withholding - Residential premises or potential residential land
      • Item icon Guarantee clause - Corporate purchaser
      • Item icon Home Building Act - Owner-Builder consumer warning
      • Item icon Interdependent - Completion subject to purchase by vendor
      • Item icon Interdependent - Completion subject to sale by purchaser
      • Item icon Interdependent contracts
      • Item icon Interest to run from expiry of notice to complete
      • Item icon Limitation - No requirement on vendor in relation to limitation on folio identifier
      • Item icon Old system title - Vendor not required to prove when old caution on folio identifier
      • Item icon Outstanding notice - Purchaser will comply
      • Item icon Passing of risk - Changing time
      • Item icon Pest report - Completion subject to satisfactory report
      • Item icon Plant equipment - Value included in sale
      • Item icon Possession - Purchaser enters before completion
      • Item icon Possession - Vendor stays on after completion - Licence agreement
      • Item icon Possession - Vendor stays on after completion - Residential lease
      • Item icon PPSA - Release of security interest
      • Item icon PPSA - Undertaking by secured party to register release of security interest
      • Item icon Price - Apportionment of price between land and construction
      • Item icon Property - Identity of the land
      • Item icon References to statutes
      • Item icon Registration - Time for registration of plan
      • Item icon Release and indemnity - General
      • Item icon Repair - Completion subject to
      • Item icon Reports and approvals - Assignment of
      • Item icon Rural - Special conditions
      • Item icon Sale by mortgagee - Conditions
      • Item icon Severability
      • Item icon Sewer - Responsibility to connect to
      • Item icon Solar panels
      • Item icon Strata title - Development special conditions
      • Item icon Strata title - Prohibition on vendor to vary model rules
      • Item icon Subdivision - Sale subject to
      • Item icon Survey - Completion subject to satisfactory survey
      • Item icon Terms contract - Special condition
      • Item icon Transfer by direction
      • Item icon Trustee sale - Liability limited to indemnity
      • Item icon Unapproved works - Disclosure of
      • Item icon Use - No warranty as to use
      • Item icon Use - Purchaser to be satisfied as to use
      • Item icon Waiver of breach
      • Item icon Whole agreement
    • Item icon Less common contractual considerations
      Auction contract Auction contracts are no different from any other type of contract, and until the contract is signed by a party it is not enforceable against that party. There is English authority that an auctioneer has implied authority to sign a contract on behalf of either party: Bells v Balls ...

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    • Folder icon Library of other contracts, deeds and agreements
      • Item icon Contract for sale of personal property
      • Item icon Contract for sale and lease of manufactured home - Vendor is lessor
      • Item icon Contract for sale and lease of manufactured home - Vendor is not lessor
      • Item icon Contract for sale of shares company title lot
      • Item icon Contract for sale of shares of a company owning property
      • Item icon Declaration of trust for purchase by trustee
      • Item icon Deed of novation
      • Item icon Granny flat agreement as contemplated by Services Australia
      • Item icon Partition agreement
      • Item icon Sharefarming agreement
      • Item icon Standard annexure note for documents
      • Item icon Co-ownership - Deed between tenants in common
    • Folder icon Library of common terms for easements, restrictions and covenants
      • Folder icon Common terms
        • Item icon Easement for services
        • Item icon Right of access
        • Item icon Expanded Conveyancing Act right of access or right of carriage way
        • Item icon Endeavour Energy underground power line terms for transfer granting easement
        • Item icon Endeavour Energy overhead power line terms for transfer granting easement
        • Item icon Restriction - Fencing
        • Item icon Restriction - General
        • Item icon Restriction - Geotechnical
        • Item icon Restriction - Structures
      • Folder icon NSW Land Registry Services forms
        • Item icon Section 88B instrument
        • Item icon Annexure
        • Folder icon Easements
          • Item icon Transfer including easement
          • Item icon Transfer granting easement
          • Item icon Modification of easement
          • Item icon Variation of easement
        • Folder icon Covenants
          • Item icon Positive covenant
          • Item icon Transfer including covenant
          • Item icon Release or extinguishment of positive covenant
          • Item icon Extinguishment of obsolete restrictive covenant
        • Folder icon Restrictions
          • Item icon Restriction on the use of land
          • Item icon Restriction on the use of land by a prescribed authority
          • Item icon Variation or modification of restriction on the use of land
          • Item icon Release or extinguishment of restriction on the use of land
    • Item icon Letter to agent sending marketing contract - Friendly
    • Item icon Letter to agent sending marketing contract - Formal
    • Item icon Letter to agent sending marketing contract that can be exchanged subject to cooling off
    • Item icon Letter to agent enclosing section 10.7 certificate and drainage diagram
    • Item icon Letter to client confirming marketing contract sent to agent
  • Folder icon C. Negotiation and exchange
    • Item icon Letter to purchaser's solicitor with By Lawyers contract advising if survey or building certificate
    • Item icon Letter to purchaser's solicitor with Law Society contract advising if survey or building certificate
    • Item icon Letter to agent that contracts have been issued to other solicitor
    • Item icon Execution including electronic signatures and power of attorney
      Section 54A of the Conveyancing Act 1919 requires the parties or their duly authorised agents to sign the contract. Electronic contracts and electronic signatures are acceptable. The authority does not need to be in writing, but in practice, the other party is unlikely to be satisfied that the ...

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    • Item icon Letter to client to call for appointment to sign contract and bring loan number
    • Item icon Letter to client with By Lawyers contract to sign when we have not seen them
    • Item icon Letter to client with Law Society contract to sign when we have not seen them
    • Item icon Deposit
      Payment of deposit The deposit is usually paid when the purchaser signs the contract, but the parties may agree to other arrangements. The deposit is usually 10% of the purchase price but may be another amount agreed by the parties. The deposit is payable on the making of the contract, the contract ...

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    • Folder icon If required - Deposit
      • Item icon Letter to purchaser's solicitor requesting release of deposit
      • Item icon Letter to purchaser's solicitor requesting authorisation of release of deposit
      • Item icon Letter to agent requesting release of deposit
      • Item icon Letter to client advising purchaser has agreed to release the deposit
    • Item icon Exchange
      Methods of exchange Exchange can be effected personally, by post, by email, or via an electronic signature platform such as Docusign.

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    • Item icon Letter to purchaser's solicitor returning exchanged contract
    • Item icon Letter to discharging mortgagee requesting discharge
    • Item icon Letter to vendor after exchange with prearranged telephone appointments
    • Item icon Letter to vendor after exchange without prearranged telephone appointments
    • Item icon AI Prompt for post exchange letter to Vendor
    • Item icon Letter to agent confirming exchange
    • Folder icon If required - Cooling off
      • Item icon Cooling off
        The statutory cooling off period was introduced by the amendment of the Conveyancing Act 1919 to counter gazumping in a then frenzied market. The legislation is largely avoided by most vendors’ requirement for a s 66W certificate which negates any cooling off period. The concept was not ...

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      • Item icon Letter to agent when purchaser has cooled off
    • Folder icon If required - Possession under licence
      • Item icon Possession before settlement
        If the vendor agrees to possession before settlement, then the contract provides for the purchaser to take assume the risk of the property from the date of possession. The passing of risk is dealt with in Division 7 of the Conveyancing Act 1919. This requirement in the contract should either ...

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      • Item icon Licence agreement - Possession before completion
      • Item icon Licence agreement - Vendor retains possession after completion
    • Folder icon If required - Options
      • Item icon Options
        Option or right of first refusal An owner of land may grant an option to purchase, a right of first refusal, or a right of pre-emption. A right of first refusal and a right of pre-emption differ from an option in the strict sense. These rights are principally contractual and frequently appear in ...

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      • Folder icon Library of option precedents
        • Item icon Put and call option agreement
        • Item icon Put option notice
        • Item icon Call option notice
        • Item icon Option to purchase
        • Item icon Cooling off certificate for option to purchase
        • Item icon Put and call nomination notice
    • Item icon Contract subject to finance
      Where the purchaser has not secured unconditional finance approval before exchange, negotiating the inclusion of a special condition making completion subject to finance is desirable. However, the vendor may not agree, especially in a hot market. In the event of default without a special condition, ...

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  • Folder icon D. Mid transaction
    • Item icon Caveats and priority notices
      Purchaser’s caveat after exchange As a result of the case Black v Garnock [2007] HCA 31 some lawyers adopted the practice of registering a caveat after exchange and before settlement. The circumstances of Black v Garnock [2007] HCA 31 were most rare, considering the thousands of transactions ...

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    • Item icon Insurance and risk
      Historically, the common law held that risk passed on sale and that while the vendor was in the position of a trustee for the purchaser during the contract period, the risk of any deterioration to the property during that period fell on the purchaser. Statute reverses the common law position and ...

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    • Item icon Discharge of encumbrances
      It is standard procedure for the vendor’s practitioner to write to the mortgagees to arrange discharge of their mortgages which they are obliged to do as they cannot clog the equity of redemption. No such obligation attaches to a caveator and it is therefore prudent before exchange to ensure a ...

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    • Folder icon If required - Replies to requisitions
      • Item icon Replies to requisitions
        Requisitions on title and vendor warranties in the By Lawyers contract In the vast majority of matters the vendor’s title is completely uncontroversial. The better approach is to raise only requisitions that need to be raised rather than standard requisitions that are largely irrelevant and ...

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      • Item icon Response to requisitions received when using the By Lawyers contract
      • Item icon Letter to client with replies to requisitions for approval
      • Item icon By Lawyers - Replies to requisitions
      • Item icon HWL Ebsworth - Residential - 2023
      • Item icon HWL Ebsworth - Residential - 2022
      • Item icon HWL Ebsworth - Residential - 2020
      • Item icon HWL Ebsworth - Residential - 2019
      • Item icon HWL Ebsworth - Residential - 2018
      • Item icon Law Society - Residential - 2018
      • Item icon Law Society - Residential - 2017 - 31 questions
      • Item icon Law Society - Residential - 2017 - 30 questions
      • Item icon HWL Ebsworth - Strata Residential - 2023
      • Item icon HWL Ebsworth - Strata Residential - 2020
      • Item icon Law Society - Strata Residential - 2018
      • Item icon Law Society - Strata Residential - 2017 - 51 questions
      • Item icon Law Society - Strata Residential - 2017 - 30 questions
      • Item icon Law Society - Rural - 2017
      • Item icon Law Society - Commercial - 2023
      • Item icon Law Society - Commercial - 2022
      • Item icon Law Society - Commercial - 2018
      • Item icon Law Society - Strata Commercial - 2023
      • Item icon Law Society - Strata Commercial - 2018
      • Item icon Law Society - Strata Commercial - 2017
      • Item icon Law Society - Commercial - 2017
      • Folder icon Replies to older versions of requisitions
        • Item icon Law Society - Residential - 2006
        • Item icon Law Society - Residential - 2007
        • Item icon Law Society - Residential - 2011
        • Item icon Law Society - Residential - 2013
        • Item icon Law Society - Strata Residential - 2006
        • Item icon Law Society - Strata Residential - 2007
        • Item icon Law Society - Strata Residential - 2011
        • Item icon Law Society - Strata Residential - 2013
        • Item icon Law Society - Rural - 2006
        • Item icon Law Society - Rural - 2009
        • Item icon Law Society - Rural - 2015
        • Item icon Law Society - Commercial - 2006
        • Item icon Law Society - Commercial - 2011
        • Item icon Law Society - Strata Commercial - 2006
        • Item icon Law Society - Strata Commercial - 2007
        • Item icon Law Society - Strata Commercial - 2011
        • Item icon Australian Law Stationers - Town land form 825 - 2004
        • Item icon Australian Law Stationers - Town land form 825 - 2005
        • Item icon Australian Law Stationers - Town land form 825 - 2008
        • Item icon Australian Law Stationers - Town land form 835 - 2008
        • Item icon Australian Law Stationers - Strata title form 800 - 2008
        • Item icon Australian Law Stationers - Community title form 650 - 2008
        • Item icon Australian Law Stationers - Rural land form 875 - 2008
        • Item icon Blue StarAusdoc - Strata title form 254
    • Folder icon Strata and community title
      • Item icon Letter to owners corporation giving consent to inspect records
      • Item icon Letter to strata manager requesting section 184 certificate
      • Item icon Letter to owners corporation requesting section 184 certificate
      • Item icon Section 184 certificate - Strata Schemes Management Act 2015
      • Item icon Section 26 certificate - Community Land Management Act 1989
    • Item icon Variations, nomination, assignment, novation, and default by nominee
      Variation of contract Parties to a contract may agree to vary the contract. They might also authorise an agent, such as a solicitor, to agree to a variation of the contract. Any representative seeking to vary a contract must exercise caution as a solicitor’s authority may not extend to variation of ...

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    • Folder icon If required - Residential off the plan - Service of registered plan
      • Item icon Letter to purchaser's solicitor serving registered plan
      • Item icon Letter to purchaser serving registered plan
    • Folder icon Library of common land and duty forms and declarations
      • Folder icon NSW Land Registry Services
        • Item icon Annexure
        • Item icon Caveat - general
        • Item icon Change of name
        • Item icon Charge
        • Item icon Discharge of mortgage
        • Item icon Foreclosure
        • Item icon Notice of death
        • Item icon Transfer
        • Item icon Transfer by mortgagee under power of sale
        • Item icon Transfer granting easement
        • Item icon Transfer including covenant
        • Item icon Transfer including easement
        • Item icon Variation of easement
        • Item icon Withdrawal of caveat
        • Item icon Transmission application by a devisee, beneficiary or next-of-kin
        • Item icon Transmission application by an executor, administrator or trustee
      • Folder icon Statutory declarations
        • Item icon Statutory declaration - blank - NSW
        • Item icon Clause - Statutory declaration to put spouse or de facto on title
        • Item icon Clause - Statutory declaration change of name on marriage
        • Item icon AI Prompt for Statutory Declaration in support of a name change to title
        • Item icon Clause - Statutory declaration no relationship between parties
        • Item icon Clause - Statutory declaration when vendor purchaser related enquiries waived
        • Item icon Clause - Statutory declaration for stamping trust contract transfer
        • Item icon Clause - Statutory declaration transfer not in conformity section 18(3) Duties Act
        • Item icon Clause - Statutory declaration of vendor no alterations since survey
    • Folder icon If required - Outstanding certificates and off the plan
      • Item icon Letter to client on outstanding land tax
      • Item icon Letter to purchaser's solicitor to extend sunset period
      • Item icon Letter to purchaser's solicitor advising plan registered
    • Folder icon Foreign resident capital gains withholding
      • Item icon Letter to client for foreign resident capital gains clearance certificate
      • Item icon Foreign resident capital gains withholding clearance certificate application
      • Item icon Foreign resident capital gains withholding rate variation application
      • Item icon Letter to other side’s solicitor enclosing foreign resident capital gains clearance certificate or rate variation
    • Item icon Withholding payment of GST on purchase of certain real property
      The requirement for purchasers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under Subdivision 14-E of Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all ...

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  • Folder icon E. If required - Claims, disputes and notices
    • Item icon Claims, deterioration, and disputes
      Deterioration A contract for the sale of land is an executory contract, meaning that the parties will carry the contract into effect sometime after the contract is made. This may be contrasted with a contract for the sale of an ice-cream, which is completed when the agreement is made. This time ...

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    • Item icon Notices
      Notices generally Ownership of land requires the owner to have a relationship with many other people and organisations affecting the land, for instance, neighbours, local councils, and other authorities. These relationships may result in these third parties taking a particular interest in the ...

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    • Folder icon Library of notices
      • Item icon Notice to perform
      • Item icon Notice of rescission generally
      • Item icon Notice of rescission during cooling off period
      • Item icon Notice of termination
      • Item icon Notice to complete - Electronic settlement
      • Item icon Letter to other side serving notice
      • Item icon Letter to other side's solicitor serving notice
      • Item icon Letter to other side's solicitor disputing notice to complete
      • Item icon Response to letter disputing notice to complete
      • Folder icon If required - Off the plan contract
        • Folder icon Acting for the purchaser
          • Item icon Notice of rescission by purchaser after service of registered plan
          • Item icon Notice of rescission by purchaser after service of notice of changes
          • Item icon Notice of claim for compensation by purchaser
          • Item icon Notice of rescission by purchaser - Sunset event not occurring by sunset date
          • Item icon Letter to other side serving notice
          • Item icon Letter to other side's solicitor serving notice
          • Item icon Consent of purchaser to rescission - Sunset event not occurring by sunset date
          • Item icon Letter to vendor's solicitor with consent to rescission - Sunset event not occurring by sunset date
        • Folder icon Acting for the vendor
          • Item icon Notice of changes - off the plan contracts
          • Item icon Letter to purchaser serving notice of changes
          • Item icon Letter to purchaser's solicitor serving notice of changes
          • Item icon Notice of rescission by vendor - Sunset event not occurring by sunset date
          • Item icon Letter to purchaser serving rescission notice - Sunset event not occurring by sunset date
          • Item icon Letter to purchaser's solicitor serving rescission notice - Sunset event not occurring by sunset date
      • Item icon Deed of mutual rescission of contract
  • Folder icon F. Through to settlement
    • Item icon Transfers - Representing the Vendor - PEXA Help Centre
    • Item icon Record keeping and compliance examinations
      Supporting evidence for the transaction must be kept for at least 7 years from the date of lodgement. This includes the Verification of Identity and Client Authorisation, as well as any supporting evidence for the transaction, for example, statutory declarations, duties supporting evidence, death ...

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    • Folder icon Client authorisation
      • Item icon Client authorisation
    • Folder icon Settlement
      • Item icon Adjustments
        Adjustments are an exercise undertaken towards the end of a conveyancing transaction and effected at settlement. Settlement is the time when the purchaser pays the balance of purchase price to the vendor and becomes entitled to the property. Property ownership involves paying outgoings such as ...

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      • Item icon Settlement Adjustment Sheet
      • Item icon Settlement process
        To some extent a conveyancing transaction culminates in settlement or completion. This is the event that has been eagerly awaited by vendor and purchaser, and while there are still some matters to be attended to after settlement, this is the important event when the purchaser pays the balance due ...

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      • Item icon Letter to agent notifying date and time of settlement
      • Item icon Letter to vendor with settlement figures and our account
      • Item icon AI Prompt for pre-settlement letter to Vendor
      • Folder icon If required - Deposit required for settlement and tenant direction
        • Item icon Letter to agent when deposit required at settlement
        • Item icon Letter to purchaser's solicitors when deposit required at settlement
        • Item icon Attornment letter to tenant - Rental payment direction
      • Item icon Letter to agent confirming settlement and enclosing order on agent
  • Folder icon G. Finalising the matter
    • Folder icon If required - Vendor not proceeding
      • Item icon Letter to vendor when property withdrawn from sale
    • Item icon Settlement and merger
      The common law doctrine of merger grew out of the principle that when a lesser estate was vested in the same person as a greater estate, the lesser estate merged into the greater estate and was extinguished. A common example of this principle is where the dominant and servient tenements in an ...

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    • Item icon Letter to vendor after settlement finalising the matter
    • Item icon AI Prompt for post settlement letter to Vendor
    • Item icon Finalising the matter
      In reporting and accounting to the client it is often difficult for them to understand how rate adjustments work. The precedent Enclosure – Explanatory Sheet in Relation to Settlement and Adjustments goes a long way to solving this problem.

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    • Item icon Enclosure - Explanatory sheet in relation to settlement and adjustments
    • Item icon Example invoice incorporating notification of client's rights - NSW
    • Item icon Invoice recital - Conveyancing
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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