Buying privately? Get legal clarity before you sign







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    We picked the most highly specialised and talented lawyers

    Our Conveyancing Team brings deep expertise and unwavering support to buyers navigating private property transactions. We stay by your side from contract review to settlement, providing clear guidance and acting in your best interests. With Chamberlains, you’ll sign with confidence, knowing your legal position is secure and your rights are protected.

    Harold O’Brien

    Director

    Mohamad
    Mourtada

    Senior Associate

    Chris Pericleous

    Conveyancer

    Our process

    01Initial consultation

    We begin with a free consultation to understand your property goals and the nature of the private sale. Whether you're buying from a friend, family member, or off-market seller, we explain the legal framework and ensure you're fully informed before proceeding.

    02Contract review

    Your conveyancer will meticulously review the private contract of sale, checking for compliance with NSW property law and ensuring all essential terms are included. We flag any risks, omissions, or clauses that may disadvantage you.

    03Searches and reports

    We conduct comprehensive searches—including title checks, zoning certificates, and council records—to uncover any hidden issues. These reports help you make an informed decision and avoid costly surprises down the track.

    04Negotiation support

    We assist in negotiating contract terms with the other party, ensuring your interests are protected. This includes clarifying settlement dates, deposit conditions, and any special clauses that may need adjustment.

    05Finalising the sale

    Once terms are agreed, we manage all legal documentation and financial arrangements. From stamp duty to settlement coordination, we ensure everything is handled smoothly so you can take ownership with confidence.

    Our services

    01 Pre-Signing Contract Review

    Understand Every Clause Before You Commit

    Private treaty contracts are legally binding once signed, so it’s essential to know exactly what you’re agreeing to. Chamberlains provides comprehensive reviews to ensure the contract reflects your intentions and protects your legal and financial interests.

    What We Review for You

    We examine the contract in detail and explain each component in plain language.

    • Purchase price and deposit structure
    • Settlement timeframe and conditions
    • Inclusions and exclusions (fixtures, fittings)
    • Title disclosures and zoning
    • Special conditions and buyer obligations
    Clear Advice, Fast Turnaround

    Our team delivers prompt, practical advice so you can proceed with confidence. If needed, we’ll help you negotiate changes before signing to ensure the contract works for you.

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    Know Exactly What You’re Buying

    Before signing, it’s critical to confirm that the property matches what’s described in the contract. Chamberlains conducts thorough title and property checks to ensure there are no hidden issues.

    Due Diligence You Can Trust

    We investigate the legal status of the property and flag any concerns that could affect your ownership or use.

    • Registered ownership and authority to sell
    • Easements, covenants, and caveats
    • Zoning and planning restrictions
    • Strata or community title obligations
    • Council approvals and compliance certificates
    Avoiding Future Disputes

    By verifying these details early, we help you avoid costly surprises and ensure your purchase is legally sound.

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    Customise the Contract to Suit Your Needs

    Unlike auctions, private sale contracts can be negotiated before signing. Chamberlains helps you tailor the agreement to reflect your financial situation, timelines, and expectations.

    Common Amendments We Assist With

    We draft and negotiate clauses that protect your interests and clarify obligations.

    • Subject to finance or valuation
    • Building and pest inspections
    • Sale of existing property
    • Repairs or inclusions
    • Extended or flexible settlement dates
    Negotiation Backed by Legal Expertise

    We liaise with agents and vendors to ensure all changes are legally enforceable and properly documented, giving you peace of mind.

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    Know Your Rights to Withdraw

    In NSW, buyers have a 5-business-day cooling-off period after signing a private treaty contract. Chamberlains helps you understand how this works and whether it applies to your situation.

    Key Cooling-Off Facts

    We guide you through your options and obligations during this critical window.

    • Cooling-off applies to private sales (not auctions)
    • You may forfeit 0.25% of the purchase price if you withdraw
    • Waiving requires a signed 66W certificate
    • Extensions must be agreed in writing
    • Legal advice is essential before waiving rights
    Strategic Support During the Cooling-Off Window

    We help you reassess the contract, conduct final checks, and decide whether to proceed or withdraw, ensuring your decision is informed and protected.

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    From Signing to Settlement We’ve Got You Covered

    Once the contract is signed, the legal process continues. Chamberlains ensures all obligations are met and the transaction proceeds smoothly to settlement.

    What We Handle for You

    We coordinate with all parties to ensure deadlines are met and documents are properly lodged.

    • Deposit handling and trust account compliance
    • Liaising with banks, brokers, and agents
    • Stamp duty calculation and payment
    • Title transfer and registration
    • Final settlement coordination
    End-to-End Legal Guidance

    We stay with you throughout the process, ensuring your property purchase is completed securely and efficiently.

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    Spot the Red Flags Before You Sign
    Private contracts can contain hidden risks that aren’t obvious to buyers. Chamberlains provides strategic legal advice to help you assess and manage these risks.

    Risks We Help You Identify
    We flag clauses or omissions that could affect your finances, rights, or ability to settle.

    • Unclear or ambiguous terms
    • Undisclosed defects or liabilities
    • Title disputes or encumbrances
    • Unfair penalty clauses
    • Incomplete or missing disclosures
    Tailored Legal Strategy for Your Purchase

    Whether you’re buying your first home or investing, our team helps you make informed decisions and avoid costly mistakes.

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    Why Choose Us for Private Contract Reviews?

    Buying property via private treaty offers flexibility—but it also comes with legal complexity. Unlike auctions, private sales allow for negotiation, cooling-off periods, and tailored conditions. That’s why reviewing the contract before signing is absolutely essential. At Chamberlains, we approach private contract reviews with clarity, precision, and strategic insight.
    We understand that every property is different, and so is every buyer’s situation. Whether you’re a first-home buyer, investor, or downsizer, our team ensures you understand the contract terms, identify risks, and know your legal position before signing. We aim to empower you with confidence and control, so you can move forward with peace of mind.

    Things You Should Know

    • Cooling-Off Period Applies: In NSW, you have 5 business days to withdraw from a private sale contract (with a 0.25% penalty).
    • Contracts Can Be Negotiated: You can request changes to settlement dates, finance clauses, and inclusions before signing.
    • Hidden Clauses Exist: Special conditions, penalties, or title issues may not be obvious.
    • Due Diligence Is Essential: You must understand zoning, easements, and restrictions before committing.
    • Legal Advice Can Save You Thousands: A quick review can prevent costly mistakes or legal disputes.

    Close-up of hands reviewing and signing a property contract at a table, with a model house, keys, and calculator, symbolising legal review and agreement in a private real estate transaction.

    Managing the Legal Risks of Private Property Sales

    Private sale contracts aren’t just paperwork, they’re legal commitments with financial consequences. From title checks and zoning restrictions to special conditions and settlement terms, every detail matters. At Chamberlains, we offer a comprehensive suite of pre-signing services to ensure your purchase is built on solid legal ground.

    Whether you’re buying a family home, investment property, or commercial site, our team provides tailored advice based on your goals and the property’s legal profile. We help you use the flexibility of private sales to your advantage, delivering clear, actionable insights when you need them most.

    Beyond the Contract

    Signing a private sale contract is just the beginning. Chamberlains supports you through every stage of the transaction, from deposit handling and title transfer to settlement coordination and compliance. We liaise with agents, brokers, and banks to ensure everything runs smoothly and your legal obligations are met.

    Our end-to-end service means you’re never left guessing. We keep you informed, prepared, and protected, so your property purchase is not only successful, but stress-free.

    Prepare for Your Next Step

    Reviewing your private sale contract is the smartest move you can make before signing. At Chamberlains, we offer fast, strategic legal support to help you understand your obligations and protect your interests. Contact us today for a contract review, we’re here to help you move forward with clarity, confidence, and peace of mind.

    Call us at +61 1300 676 823
    Email us at hello@chamberlains.com.au

    FAQ

    01Why should I get a private sale contract reviewed before signing?

    Private contracts are legally binding once signed. A review ensures you understand the terms, identify risks, and negotiate changes before committing.

    Private sales allow for negotiation and include a 5-business-day cooling-off period (in NSW). Auction contracts are unconditional and binding immediately.

    We review:

    • Purchase price and deposit terms
    • Title and ownership details
    • Special conditions and inclusions
    • Zoning, easements, and planning restrictions
    • Compliance with NSW property laws

    Yes. You can negotiate conditions such as settlement dates, finance clauses, and inspection rights. We help draft and formalise these changes.

    In NSW, buyers have 5 business days to withdraw after signing a private sale contract. A 0.25% penalty applies. You can waive this right with a signed 66W certificate.

    Absolutely. We manage settlement, liaise with banks and agents, handle stamp duty, and ensure title transfer, providing end-to-end legal support.

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    1300 676 823

    hello@chamberlains.com.au