How to Sell Your Property Without an Agent in New South Wales (Private Sale Guide)

Updated January 2026

Selling your house without a real estate agent in New South Wales is completely legal and increasingly common. Many NSW homeowners now choose to sell privately to save tens of thousands of dollars in commission, while still using qualified legal professionals to handle contracts, deposits, and settlement.

This guide explains exactly how to sell your property privately in New South Wales, step by step, including legal requirements, costs, contracts, deposits, and common mistakes to avoid.

Is It Legal to Sell a House Without an Agent in New South Wales?

Yes. Selling a residential property without a real estate agent is 100% legal in New South Wales.

There is no law requiring you to use an agent. As the owner, you are allowed to:

• Advertise your property

• Negotiate directly with buyers

• Accept offers

• Sell your home privately

What is required is that you follow NSW property laws, particularly around disclosure, contracts, deposits, and settlement. These legal steps are handled by a licensed solicitor or conveyancer, not by you.

Who Selling Privately in New South Wales Is (and Isn’t) Right For

Selling your property without an agent in NSW is a good option for many homeowners — but it’s not for everyone. Understanding whether a private sale suits your situation helps set realistic expectations and avoid frustration.

Selling Privately in NSW Is Right For You If:

• You want to save tens of thousands of dollars in agent commission

• You are comfortable communicating directly with buyers

• You are happy to conduct inspections yourself

• You want full control over pricing, negotiations, and timelines

• You are willing to use a licensed solicitor or conveyancer to handle the legal process

Most private sellers find the process simpler than expected because the legal and settlement work is handled by professionals — just as it is in an agent-assisted sale.

A Practical Reality Check

Private sales in New South Wales follow the same legal process as agent sales:

• Contracts are prepared by solicitors or conveyancers

• Deposits are held in statutory trust accounts

• Cooling-off periods apply

• Settlement is handled by legal professionals

• Buyers receive the same legal protections

The key difference is who handles the marketing and negotiations — not the legal safety of the transaction.

Steps To Sell Property Privately in New South Wales

Step 1: Prepare Property & Understand Legal Requirements in NSW

Before listing your property, make sure it is well presented and that you understand the key legal requirements in New South Wales. This includes completing minor repairs, decluttering, cleaning, and investing in professional photos and video to showcase your home properly — the same costs you would normally cover when selling through an agent, just without the commission.

In New South Wales, private sellers must:

• Have a Contract for Sale prepared before advertising

• Include required disclosure documents with the contract (including planning certificates)

• Ensure deposits are held in a statutory trust account, usually by a solicitor or conveyancer

Step 2: Work Out What Your Property Is Worth

Pricing your property correctly is the single most important decision when selling without an agent.

Price it too high and buyers won’t enquire.
Price it too low and you leave money on the table.

The goal is to price your property in line with the market, not based on emotion or what an agent promises.

You should base your price on:

• Recent sold prices (not asking prices)

• Comparable properties in your suburb

• Current NSW market conditions

• Independent data sources

Step 3: Choose the Right Pricing Strategy

Best Pricing Methods for NSW FSBO Sellers

Price Guide / Range
Price Guide $800,000 – $850,000
This is the most common and compliant approach in NSW. It attracts a wider buyer pool and aligns with underquoting laws.

Fixed Price
Works well in steady markets where comparable sales support a clear value.

Avoid “Contact Agent”
Buyers dislike it. It removes your listing from price filters and creates friction. Clear pricing builds trust and increases enquiries.

You know your property, neighbourhood, and market better than anyone — if you price in line with comparable sales, you significantly improve your chances of selling privately.

Step 4: List Your Property Where Buyers Actually Look

Buyers search the major property portals. In New South Wales, that means:

• realestate.com.au

• Domain

In most cases, this is where you found your current home — not from an agent email or phone call.

Agent “Databases” vs Reality

An agent’s so-called “buyer database” is usually just a list of past enquiries and saved searches. It’s often used as a marketing line to suggest they have “buyers waiting”.

In reality, buyers are watching new listings appear on realestate.com.au and Domain. That’s where serious buyers look — and where your private listing needs to be.

AirLister lets New South Wales homeowners:

• List on realestate.com.au and Domain without an agent

• Upload and edit photos, descriptions, and pricing

• Receive enquiries directly from buyers

Step 5: Manage Enquiries and Inspections

When selling your property privately in NSW, enquiries come directly to you, not through an agent.

This means you:

• Respond to buyers quickly

• Arrange inspections at times that suit you

• Answer questions accurately and honestly

Many buyers prefer dealing directly with owners because:

• There’s no sales pressure

• Communication is faster

• Information is clearer and more transparent

This often leads to smoother negotiations and stronger offers.

Step 6: Contract, Deposit & Cooling-Off

Once an offer is accepted, the sale moves into the formal legal stage. It’s best to speak with a solicitor or conveyancer early to avoid delays.

• Your solicitor or conveyancer prepares and issues the Contract for Sale

• The contract is sent to you, the buyer, and the buyer’s solicitor or conveyancer (often via DocuSign)

• The agreed deposit is paid into a statutory trust account

• A 5 business day cooling-off period applies (unless waived with legal advice)

At this point, your legal professional takes over the process. You take a back seat while they manage compliance, deposits, and settlement — just as they would in an agent-assisted sale.

Step 7: Attend the Building and Pest Inspection

Once a contract is in place, buyers will usually arrange building and pest inspections.

As the seller, this typically requires around one hour of your time to provide access and answer basic questions.

Occasionally, inspections may identify items requiring repair or lead to a price adjustment. This is normal and no different from an agent-led sale.

Step 8: Settlement and Key Handover

Settlement is handled entirely by legal professionals.

They manage:

• Transfer of title

• Adjustments for council rates and utilities

• Final funds

• Registration with NSW Land Registry Services

On settlement day:

• Funds clear

• Ownership transfers

• Keys are handed over

• The sale is complete

Legal Requirements for Private Property Sales in New South Wales

Contract for Sale & Disclosure

In NSW, a Contract for Sale must be prepared before the property is advertised. It includes mandatory disclosure documents such as planning certificates and title details.

Deposit Trust Accounts

Sellers cannot legally hold deposits in New South Wales. Deposits must be held in a trust account by:

• A solicitor

• A licensed conveyancer

• A licensed real estate agent

Holding a deposit personally can cause serious legal issues.

Cost to Sell Privately vs Using an Agent in NSW

Understanding the cost difference helps homeowners make an informed decision. Below is a realistic comparison based on a $900,000 NSW property.

Typical Traditional Agent Cost

• Commission: ~$27,000 (3%)

• GST: ~$2,700

• Marketing: $2,000 – $5,000+

• realestate.com.au listing: ~$4,000 – $5,000

• Signage and brochures: ~$1,000

• Photography: $500 – $2,000

Total on a $900,000 home: ~$36,000 – $40,000+

Typical Private Sale Costs

• AirLister listing fee: $699

• Optional signage and brochures: $100 – $500

• Optional photography: $500 – $2,000

Total on a $900,000 home: ~$699 – $2,000

Savings: Often $35,000 – $40,000+

Frequently Asked Questions

Is selling without an agent legal in New South Wales?
Yes.

Do I need a solicitor or conveyancer?
Yes, for contracts and settlement.

Who holds the deposit?
A licensed solicitor, conveyancer, or agent trust account.

What is the cooling-off period in NSW?
5 business days (unless waived with legal advice).

Can I still list on realestate.com.au?
Yes, through licensed listing services.

How much will I save?
It depends on the property price, but the average saving in 2026 is around $42,000.

Useful Guides for Selling Without an Agent in New South Wales

The guides below explain key parts of the private sale process in more detail and may help you at different stages of selling your property in New South Wales:

• How to Sell Without an Agent in Australia
  (National overview of private property sales and how the process works across Australia)

• How to Price Your Property When Selling Privately
  (Step-by-step pricing strategies to attract buyers and avoid overpricing)

• Who Prepares the Contract and Holds the Deposit in NSW
  (Detailed explanation of NSW contract requirements, trust accounts, and legal responsibilities)

• How to Negotiate Offers When Selling Privately
  (How to assess offers, counter-offer confidently, and avoid common negotiation mistakes)

• What Happens if a Property Contract Falls Through
  (What to do if finance is declined, inspections fail, or a buyer withdraws)

• What Happens on Settlement Day in New South Wales
  (A simple breakdown of settlement, title transfer, and key handover in NSW)

• Real Estate Agent Costs vs Selling Privately in NSW
  (Full cost comparison and commission savings examples)