Legal Requirements for Selling Property Privately in Australia

You can legally sell your house privately anywhere in Australia without a real estate agent. What you must do is prepare a compliant contract of sale, meet your state's disclosure obligations, and complete settlement through a conveyancer or solicitor. The core rules differ by state, so this covers Queensland, Victoria, and New South Wales at a high level.

This is general information, not legal advice. Property law changes, and the details depend on your specific property, so always use a conveyancer or solicitor licensed in your state.

The rule that applies everywhere

There is no law in any Australian state or territory requiring you to engage a real estate agent to sell. Private sales are legal and common. What every state does require is a proper contract of sale and accurate disclosure to the buyer, and a legal professional to handle the transfer of title at settlement.

Getting the disclosure right is the part that trips up private sellers, and it's the part that has been changing most.

Queensland

Queensland introduced a new seller disclosure regime that commenced in 2025. Sellers are now generally required to give buyers a disclosure statement, along with prescribed certificates, before the contract is signed. The aim is to put defined information in front of buyers earlier in the process.

Because these rules are recent and the required documents are specific, a Queensland conveyancer or solicitor is essential to make sure your disclosure statement and contract are compliant.

Victoria

Victoria requires a vendor statement, widely known as a Section 32, given to the buyer before they sign the contract. It discloses information about the property such as title details, rates, outgoings, easements, and any known issues.

An inaccurate or incomplete Section 32 can give a buyer grounds to withdraw, so this document is prepared by your conveyancer or solicitor, not something to improvise.

New South Wales

New South Wales requires a contract of sale to be prepared before the property is marketed, and it must include prescribed documents such as the title, drainage diagram, and planning certificate. A property cannot legally be advertised for sale until that contract is available.

As with the other states, a NSW conveyancer or solicitor prepares this so it meets the current requirements.

The steps that apply to a private sale anywhere

• Engage a conveyancer or solicitor early, before you market the property, since some states require the contract to exist first.
• Prepare the contract of sale and disclosure documents for your state.
• Market and negotiate the sale yourself, or through a private platform.
• Exchange contracts with the buyer once terms are agreed.
• Complete settlement through your conveyancer, who manages the transfer of title and funds.

Selling without an agent changes who markets and negotiates the property. It does not change these legal steps, which apply regardless of how you find your buyer.

Where SoldUp fits

SoldUp handles the introduction between you and serious buyers, privately and off-market. It is not a law firm and does not replace a conveyancer. You still engage your own legal professional for the contract, disclosure, and settlement, exactly as you would in any sale. How the platform itself works is set out in is SoldUp legit and how it works.

If you want to line up your buyer side while your conveyancer prepares the paperwork, you can create a free private listing at no cost.

FAQ

Do I legally need a real estate agent to sell my house in Australia?

No. There is no legal requirement to use an agent in any state or territory. You do need a compliant contract of sale, correct disclosure, and a conveyancer or solicitor to handle settlement.

What disclosure is required to sell privately in Queensland?

Since 2025, Queensland sellers generally must give buyers a disclosure statement with prescribed certificates before the contract is signed. Because the regime is new and specific, use a Queensland conveyancer or solicitor to ensure compliance.

What is a Section 32 in Victoria?

It's the vendor statement Victorian sellers must give buyers before they sign the contract, disclosing title, rates, outgoings, easements, and known issues. It's prepared by your conveyancer, and errors can let a buyer withdraw.

Can I advertise my property in NSW before the contract is ready?

No. In New South Wales the contract of sale, including prescribed documents, must be prepared before the property is marketed. A NSW conveyancer or solicitor prepares it.