How to Sell My House

Once you have decided to sell your house there are three main areas you will need to concentrate on, which are:

1. Deciding on your agent (unless you choose to sell privately)
2. Getting contracts drawn up
3. Preparing the property for potential buyers

 On this page we will concentrate on the first two, which are deciding on your agent and getting contracts drawn up.

 1.      Deciding on your agent

Real Estate Agent Vs Private Sale

If you are short on time or don’t feel confident about steering the process, it may be best to allow an agent to handle it for you. Although there are quality, professional agents out there, there are always going to be people who want to take short cuts so putting a little thought into choosing a good agent will be worth the time you spend on it, in the long run.  

Real Estate Agent Licence Check

One option you have is to do an Agent License check on each agent you meet, to make sure their license is valid. You can call 13 32 20 and do a quick check for yourself.

Agency Agreement

Once you find your agent, they will ask you to sign an Agency Agreement. Before this happens, you can go to the Office of Fair Trading website and have a look at a sample agreement. If you find anything in the agreement confusing, you can ask your agent to explain. However, it is always wise to seek unbiased legal advice for anything that concerns you. If you are indeed serious about selling, it’s never too early to find yourself a conveyance solicitor and get them to take you through the Agency Agreement.

Getting the best from the Agent

It is best to meet with a few different agents before deciding which one you will go with. Of course, you can go with more than one although this does involve keeping track of more paperwork and thinking ahead about Agency Agreements and what you can and can’t do with each of them.      

For instance, if the house sells and you haven’t cancelled your agreement with your second agent you may end up having to pay two agents a commission!

In order to get the best from each interview, it’s a good idea to think about what you need to know. Here is a table that might help you decide which agent is best for you:

Agent Comparison Table

* This table is a guide only 

2.     Getting Contracts Drawn Up

Finding a good Conveyance Solicitor

The key to successfully selling your home is choosing the right agent and a good conveyance solicitor. A conveyance solicitor with the most experience, not the cheapest price, is very often your best option, especially if your buyer wants things included in the sale or to have you waive certain fees or rights.

An experienced negotiator is always your best bet.

Contract of Sale

Before a house can be advertised or ‘listed’ for sale, the Contract of Sale must be drawn up.  This is something your Conveyance Solicitor must do.

Before a Contract of Sale is complete, the conveyance solicitor also needs to seek out and add the following documents to attach to the Contract of Sale and these will form part of the legal costs. 

• Title documents
• Drainage diagram
• Zoning Certificate

 Inclusions & Exclusions

Much like a Will, the Sale of Contract contains a large amount of legal terminology required by law. However, one of the main functions of the Sale of Contract is to set out the conditions you set for the sale of your house. This includes conditions such as which items will be part of the sale and which you intend to take with you. This avoids any misunderstandings between you and your buyer and a long, drawn out settlement period.

‘Inclusions’ are things that are included in the sale of the property, such as:

• Pergola
• built-in barbecue
• built-in playground equipment
• all lighting fixtures & window blinds

      ‘Exclusions’ are things that are NOT included in the sale of the property; things you will take away with you when you move out, such as:

• all personal effects
• potted plants
• furniture
• rugs and runners
• garden ornaments that are not cemented in

As in the case of a large stone statue in the yard, the buyer might assume this will come as part of the property. However, if is not cemented in you can take it with you when you move out. If the buyer expected the statue to stay, this is something that might be negotiated in the process of preparing the Contract of Sale.

Negotiations about what will be included and what won’t be can delay settlement or even stop things going ahead. In these cases, an experienced solicitor will be an asset.

The first draft of the Contract of Sale is required by law to remain with the Estate Agent (if you are using an agent). Although this document may have many changes made by the settlement date, due to negotiations between buyer and seller.

 Free advice

The more you know about the processes involved in selling your home, the easier it will be for you to understand what is required of you at each step – and whether you’re agent or your conveyance solicitor is doing the best they can for you.

For free advice, you can logon to the Office of Fair Trading website. You will find information about many aspects of selling your property there and it is free of charge.