State By State Info

For Sale By Owner Information by State

Whilst home owners Australia wide are within their legal rights to sell their home privately, the government bodies responsible for regulation are state based. The following links provide state specific information and resources, including processes and advice about selling your own home.

For Sale By Owner NSW
For Sale By Owner QLD
For Sale By Owner South Australia
For Sale By Owner Victoria
For Sale By Owner Tasmania
For Sale By Owner WA

Selling a House Privately in NSW

NSW Fair Trading provides information on their website for those who choose to sell their home or property without an agent. This information confirms that any home owner in New South Wales is well within their legal rights to sell their home privately.The most important issue to cover is seeking legal advice and have a solicitor or conveyancer prepare a contract of sale BEFORE you list your home or property for sale. Your solicitor or conveyancer will be well aware of this legal requirement and are there to guide you in this regard.

The NSW Fair Trading suggests that Private Home Sellers follow these guidelines:

If you decide that you want to sell your property without the assistance of an agent, you will need to do quite a bit of homework before tackling the job yourself. The first thing you need to know is that a residential property cannot be advertised for sale until a Contract of Sale has been prepared. It is important that you consult your solicitor or conveyancer about preparing the contract to make sure that everything is in order. One of the benefits of selling your property yourself is the chance to make a financial saving through not having to pay commission to an agent. The broad steps involved in selling your property without an agent are as follows:

  • have your property valued
  • decide the purchase price
  • advertise the house
  • exchange contracts
  • settle

It is important to note that all the individual, State by State, Real Estate ‘Institutes’ (e.g. REINSW) are industry-based bodies who support Real Estate brokers/agents in the areas of training, advice, dispute resolution, Government advocacy, compliance and general support. Laws involving the transaction of property (contractual obligations etc) are set down in individual State Statutes and Acts – enacted by the State Governments and enforced by each of the State Offices of Fair Trading or Consumer Affairs etc., not the Real Estate Institutes

NSW UNDERQUOTING REFORMS

Sellers and agents in NSW are no longer permitted to advertise prices for less than their reasonable estimate of the property’s likely selling price; such as ‘offers over’ or ‘buyers from’. Sellers should make themselves aware of their responsibilities by reviewing the information on underquoting laws according to the Office of Fair Trading, the specific legislation (Property, Stock and Business Agents Act 2002 No 66), and/or speaking with your solicitor.

Selling your own home in NSW

Before deciding to go through with the sale of your property without an agent, you should thoroughly research what you will need to do at every stage of the sale process (This is where Agent in a Box supports you all the way).

We encourage you to visit the NSW Fair Trading website for updated or additional information about selling your own home, or call: 13 32 20


Selling a House Privately in QLD

Please note: legislated requirements change from time to time so please be sure to seek further advice about your obligations before selling your own home.

The Office of Fair Trading Queensland provides information on their website for those who choose not to sell their home or property through an agent. This information confirms that any home owner in Queensland is well within their legal rights to sell their home privately.

The most important issue to cover is seeking legal advice regarding contracts. Your solicitor or lawyer will assist you with the current legal requirements.

The OFT Queensland suggests that Private Home Sellers follow these guidelines:

  • If you wish to sell your home yourself, rather than engage a licensed real estate agent, do some homework so you understand what is involved. You still have to meet certain legal requirements when you market your property to potential buyers.
  • We strongly recommend that you use a solicitor to prepare the contract of sale for your property.
  • You must provide a five day cooling-off period.
  • A sale contract now includes a warning statement which advises the buyer about the cooling-off period, to obtain their own legal advice, and the option to have an independent valuation carried out.
  • Consider getting an independent valuation to set a realistic price. Also research the market by visiting open houses and checking the recent sale prices for similar properties.
  • Get a building and pest inspection report so that you can carry out any necessary repairs before the sale.

The Real Estate Institute of Queensland (REIQ) does not provide any specific advice for Home Owners who would rather sell privately, but some useful information may be obtained from their page ‘8 Steps to Selling Property’. It has been written to involve the services of a traditional agent, which of course is not mandatory.

It is important to note that the individual, State by State, Real Estate ‘Institutes’ (e.g. REIQ) are industry-based bodies who support Real Estate brokers/agents in the areas of training, advice, dispute resolution, Government advocacy, compliance and general support. Laws involving the transaction of property (contractual obligations etc) are set down in individual State Statutes and Acts – enacted by the State Governments and enforced by each of the State Offices of Fair Trading, Dept. of Commerce or Consumer Affairs etc.; not the Real Estate Institutes

 

We encourage you to visit the Office of Fair Trading website for updated or additional information about selling your own home, or contact them directly on 13 74 68


Selling a House Privately in South Australia

South Australian Consumer and Business Services provides information on their website for those who choose to sell their home or property without an agent. This information confirms that any home owner in South Australia is well within their legal rights to sell their home privately.

The most important issue to cover is seeking legal advice from a solicitor or conveyancer BEFORE you list your home or property for sale. You will see that you will have to carry out searches (see below) and complete a Form 1 ‘Vendor’s Statement’. Your solicitor or conveyancer will be well aware of this legal requirement and are there to guide you in this regard.

The SA Consumer and Business Services suggests that Private Home Sellers follow these guidelines:

  • If you choose to sell your property yourself rather than appoint an agent, it is possible to save money as you do not pay any agent’s commission.
  • Inspect comparable properties, obtain sales figures for comparable properties in your area and find statistics on recent property sales in your area.
  • You will need to undertake the searches required under the Land and Business (Sale and Conveyancing) Act 1994 and complete the vendor statement yourself. You will also need to arrange and pay directly for your own advertising and make yourself available to answer calls from potential buyers and show them the property.
  • It is a good idea to request all offers to be in writing, including counter offers. Contracts for the sale of land must be in writing otherwise they have no legal validity.
  • It is recommended that you obtain legal advice about the contract of sale, Form 1 (vendor’s statement) and any other legal documentation. You should obtain all quotes before proceeding.

The Real Estate Institute of South Australia (REISA) does not offer any specific advice regarding Selling a Home or Property Privately, but does offer some information and tips on the steps in the selling process, under the services of an agent.

It is important to note that the individual, State by State, Real Estate ‘Institutes’ (e.g. REISA) are industry-based bodies who support Real Estate brokers/agents in the areas of training, advice, dispute resolution, Government advocacy, compliance and general support. Laws involving the transaction of property (contractual obligations etc) are set down in individual State Statutes and Acts – enacted by the State Governments and enforced by each of the State Offices of Fair Trading or Consumer Affairs etc., not the Real Estate Institutes.

We encourage you to visit the Consumer and Business Service website for any updated or additional information about selling your own home, or contact them directly:

Phone: 131 882


Selling a House Privately in Victoria

Consumer Affairs Victoria provides information on their website for those who choose not to sell their home or property through an agent. This information confirms that any home owner in Victoria is well within their legal rights to sell their home privately.

The most important issue to cover is seeking legal advice regarding contracts etc. prior to placing your home or property on the market.

They suggest Private Home Sellers follow these guidelines:

  • deciding the sale price or range. Consider engaging a qualified valuer to assess the property
  • advertising the property
  • negotiating the price
  • obtaining a deposit
  • providing the contract of sale with the vendor’s statement attached and arranging for it to be signed
  • handling settlement.

Most importantly…

You will need to prepare a vendor’s statement (also known as a section 32) and contract of sale, by either:

  • using a ‘do-it-yourself’ conveyancing kit that includes a contract of sale and vendor’s statement
  • engaging a conveyancer or legal practitioner to prepare the documentation for you.

We encourage you to visit the Consumer Affairs and Fair Trading website for updated or additional information about selling your own home, or contact them directly: 1300 65 44 99


Selling a house Privately in Tasmania

Consumer Affairs and Fair Trading Tasmania provides little or no information on their website for those who choose to sell their home or property privately without the assistance of an agent.

The site deals mainly with the Acts and Regulations governing Real Estate Agents under the Property Agents and Land Transactions Act 2005.

As with all other States, every home owner has the right to sell their property privately and the most important issue to cover for any private home seller is seeking legal advice from a solicitor or conveyancer BEFORE listing your home or property for sale. Knowing your legal and contractual obligations from the outset is highly advisable.

Also note that the Real Estate Institute of Tasmania (REIT) does not offer any specific advice regarding Selling a Home or Property Privately, but does offer some information and tips regarding the sale process, under the services of an agent. There is some helpful information here, with the most notable being that Tasmania will be introducing a mandatory ‘Vendor’s Statement’ for home owners selling their property whether privately or through an agent.

It is important to note that the individual, State by State, Real Estate ‘Institutes’ (e.g. REIT) are industry-based bodies who support Real Estate brokers/agents in the areas of training, advice, dispute resolution, Government advocacy, compliance and general support. Laws involving the transaction of property (contractual obligations etc) are set down in individual State Statutes and Acts – enacted by the State Governments and enforced by each of the State Offices of Fair Trading, Dept. of Commerce or Consumer Affairs etc., not the Real Estate Institutes

We encourage you to visit the Consumer Affairs and Fair Trading website for updated or additional information about selling your own home, or contact them directly:

Phone: 1300 65 44 99


Selling a House Privately in WA

The Department of Commerce in Western Australia do not provide specific guidelines for home owners looking to sell their property privately. They do however provide some general guidelines for buying and selling property in Western Australia.

Any home owner is within their legal rights to offer their own property for sale, privately. However, sellers should proceed with caution when engaging assistance from a thrid party to represent them in the sale of the property as they must be licensed to do so. Please note, whilst Agent in a Box do not act as your sales representative, we are licensed in every state including Western Australia, where we hold a Real Estate and Business Agent Licence (Number: RA69179) with the Department of Commerce, Consumer Protection.

Common sense dictates that any home owner in Western Australia heading down the path of a private sale should seek the advice of a Settlement Agent or Solicitor regarding the preparation and overseeing of any contract obtained in regards to a sale. The Department of Commerce, Consumer Protection explain the process of contracts in a handy guide on selling property using the standard Sale by Offer and Acceptance method.The Real Estate Institute of Western Australia (REIWA) also does not offer any specific information for Private Home Sellers, however they do have an FAQ page pertaining to Buying and Selling Property which can be found here. It is important to note that the individual, State by State, Real Estate ‘Institutes’ (e.g. REIWA) are industry-based bodies who support Real Estate brokers/agents in the areas of training, advice, dispute resolution, Government advocacy, compliance and general support. Laws involving the transaction of property (contractual obligations etc) are set down in individual State Statutes and Acts – enacted by the State Governments and enforced by each of the State Offices of Fair Trading, Dept. of Commerce or Consumer Affairs etc., not the Real Estate Institutes.

We encourage you to visit The Department of Commerce website for updated or additional information about selling your own home, or contact them directly:

Phone: 1300 30 40 54

email:consumer@commerce.wa.gov.au