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Conveyancing

5. Tips for Vendors

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 11 Jul 2015
    5. Tips for Vendors
  • As a vendor you should ideally consult with a lawyer before listing a property for sale.
  • You may also have to enter an agency agreement with your real estate agency when selling a property. It is important to get legal advice on an agency agreement. An agency agreement includes details about:
    • agent commissions;
    • advertisement details;
    • access to property; and
    • costs and other important financial matters.
  • You can sell a property through two ways.
  • The first method is by private sale. Private sales are established on the principles of offer and acceptance between two parties to a contract.
  • The second method is by auction. Advertising of a property for sale by auction is usually more expensive than a private sale because regardless of whether the property sells the vendor is liable to pay for:
    • an auctioneer’s fees if applicable;
    • all advertising and other expenses;
    • all legal costs and disbursements relating to the draft contract; and
    • the agent's commission if the property sells.
  • It is always good practice to have a reserve price on the property when selling by auction. A reserve price is the minimum price that a vendor is prepared to accept for a property. If there is no reserve price then the property will go to the highest bidder. 

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