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Vendor disclosure by state

The NSW contract for sale: what the seller must give you

What a New South Wales seller must attach to the contract for sale, what the law implies into it, what the agent must tell you, and what you can do if something is missing.

Jurisdiction: New South Wales only. Each state has its own disclosure law, so nothing here applies to a property in another state.Sources last verified: 22 Oct 2026By Delora editorial teamChange history

Key points

What the seller must give you

  • In NSW the seller must prepare a contract for sale before the property is advertised for sale, and the NSW Government says a solicitor or conveyancer should prepare it. A real estate agent cannot change any part of the contract. The NSW Government advises buyers to ask for a copy of the contract as soon as possible and to have their own solicitor or conveyancer review it. (NSW Government (NSW Fair Trading), verified 22 Oct 2026)
  • A NSW contract for sale must have the prescribed documents attached: a copy of the property certificate, registered plan and recorded dealings for the title, a drainage diagram, a current zoning certificate (a planning certificate under section 10.7), and a statement of the buyer's cooling-off rights in the prescribed form. For a property with a swimming or spa pool, one of three documents must also be attached: a certificate of compliance, an occupation certificate issued within the past 3 years with proof of pool registration, or a certificate of non-compliance. The pool document is not required for strata or community lots in schemes of more than 2 lots, or for off-the-plan contracts. (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

If a document is missing or the land is affected

  • Under the Conveyancing (Sale of Land) Regulation 2022 (sections 21 and 22), a NSW buyer may rescind the contract if the vendor failed to attach the prescribed documents. The buyer does so by written notice served on the vendor within 14 days after the contract is made, unless the contract has been completed (settled). (NSW Parliamentary Counsel's Office, verified 22 Oct 2026)
  • The same Regulation implies a vendor warranty into a NSW contract for sale: as at the date of the contract and except as disclosed in it, the land is not subject to an adverse affectation. The listed adverse affectations include a government proposal to widen, realign or site a road or railway, a State Heritage Register listing or interim heritage order, and a Demolish Works Order or Repair Order that has not been fully complied with. For breach of this warranty the buyer may rescind by written notice served before the contract is completed. (NSW Parliamentary Counsel's Office, verified 22 Oct 2026)

What the agent must tell you

  • A NSW real estate agent must not fail to disclose a prescribed material fact that the agent knows or ought reasonably to know. The prescribed facts include that within the last 5 years the property was subject to flooding from a natural weather event or bush fire; that it is subject to significant health or safety risks; that it is listed on the register of residential premises that contain loose-fill asbestos insulation; that within the last 5 years it was the scene of a crime of murder or manslaughter; that within the last 2 years it was used for the manufacture, cultivation or supply of any prohibited drug or prohibited plant; and that it is part of a building with external combustible cladding for which there is a notice of intention to issue a fire safety order or a building product rectification order. An agent's failure can attract a court penalty of up to $110,000. (NSW Government (NSW Fair Trading), verified 22 Oct 2026)

What to look for

When to call a solicitor or conveyancer

Some rights here run for days, not weeks. These are the moments to get advice:

Buying in another state

Each state sets its own disclosure rules. Compare them on vendor disclosure documents by state, or go straight to Victoria, Queensland, Western Australia, South Australia.

Practical checklist

Before you sign in New South Wales

  • Get the seller's disclosure documents, and the contract, before you sign or bid
  • Have your own conveyancer, settlement agent or solicitor read them with you
  • List anything the documents do not cover, and find it out or make it a condition of the contract
  • Write down every deadline that runs from signing, receiving a document, or settlement

Relevant Delora tool

Tick off what the seller has given you in New South Wales →

Questions for a professional

  • Have I been given every document the seller must give me, and on time?
  • Does anything in these documents limit how I can use the property, or cost me money later?
  • If something turns out to be missing or wrong, what can I do, and by when?
  • What does this document not cover, and how do I find that out?

Official resources

Important limitations: This is general information about the documents a seller gives a buyer in New South Wales, not legal advice about any contract or property. The rules change; the date on each citation is when Delora last checked that source. A conveyancer, settlement agent or solicitor should confirm how they apply to your purchase before you rely on them.

Sources and methodology

Figures on this page are drawn from Delora's local knowledge graph, refreshed from these primary sources and checked for changes on a regular schedule. If a figure here looks out of date, the official source above is always the authority — please let us know.

Evidence record

Written by
Delora editorial team
Jurisdiction
New South Wales only. Each state has its own disclosure law, so nothing here applies to a property in another state.
Content type
Guide (general information, not legal advice)
Last reviewed
2026-11-05
Sources
See "Sources and methodology" above for cited sources
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