Selling a House Privately in the ACT: 8 Steps to a Smooth Sale

Yes, you can legally sell your home in the ACT without using a real estate agent. With the right preparation and legal support, you can manage the process yourself and potentially save thousands. Here’s your step-by-step guide to selling privately in the ACT with confidence.

Step 1: Prepare the Contract of Sale Before advertising your property, have your solicitor prepare a complete contract for the sale of residential property. This must include all required documentation, which may vary depending on the property type. Common inclusions are:

• Crown Lease and Certificate of Title

• Details of any encumbrances (with supporting statements if not listed on the title)

• Asbestos report or advice

• Deposited plan and conveyancing enquiries

• Energy Efficiency Rating Statement

• Building and Pest Inspection Reports

• Compliance certificates

• Unit or common property plans (if applicable)

• Minutes from the last two owners’ corporation meetings

Refer to Access Canberra’s “Reality Check” guide for a full list of required documents.

Step 2: Determine Your Asking Price Setting a fair and accurate price is essential—and legally, you must not misrepresent your property’s value. To price your home effectively:

• Request a free online property valuation

• Review recent sales and current listings in your suburb

• Consider a formal valuation from a certified property valuer

• Ask local agents for a price estimate (even if you’re selling privately)

Step 3: Schedule Inspections Once your listing is live, allow buyers to view the property. You can host open homes or offer private inspections—whichever suits your schedule and property type. Flexibility helps attract more interest.

Step 4: Accepting an Offer Offers are typically submitted via a signed contract. Some buyers may include an expiry clause to limit how long the offer remains open. Have your solicitor review any changes to the contract. You may accept a holding deposit (full or partial), which must be held in a trust account until the offer is formally accepted.

Step 5: Sign the Contract of Sale When you’re happy with an offer, both parties sign two copies of the contract. You sign your copy first, then provide it to the buyer for their signature. Once both are signed, you can mark the property as “Under Contract” while continuing to track any backup enquiries.

Step 6: Exchange Contracts Contracts are officially exchanged when both signed copies are swapped—either in person, by mail, or through your solicitor. At this point, the buyer pays the balance of the deposit (usually 10% of the purchase price, minus any holding deposit). Once exchanged, the sale becomes legally binding and you can update your listing to “Sold.”

Step 7: Understand the Cooling-Off Period ACT buyers have a 5-business-day cooling-off period starting the day after exchange. If they withdraw, they forfeit 0.25% of the purchase price. This period doesn’t apply to post-auction sales or if the buyer waives their right. Sellers cannot use the cooling-off period to cancel the sale.

Step 8: Finalise Settlement Settlement is when the buyer pays the remaining balance and takes legal ownership. This typically occurs 30–90 days after exchange, depending on what’s agreed in the contract. Your solicitor will coordinate with the buyer’s legal team to ensure all documents are in order and the transfer is seamless.

Alternative Sale Methods: Auction or Tender

• Auction: Ideal for high-demand properties. Hire a licensed auctioneer and ensure all required documents are displayed at least 30 minutes before bidding begins. Once the reserve is met, the sale is final—no cooling-off period applies.

• Tender: Buyers submit sealed offers by a set deadline. You choose the best offer, and like auctions, there’s no cooling-off period.