If you are thinking about selling a property in New South Wales, whether it is a family home, a farm or a commercial building, one of the first questions your conveyancer will ask is whether you have a marketing contract ready.
Most sellers have never heard of one. Some agents assume everyone knows what it is. And the result is confusion at exactly the wrong moment, when a buyer is ready and time is of the essence.
Here is everything you need to know about marketing contracts in NSW, in plain English.
General information only, not legal advice. Contact Milana Law to discuss your specific property and situation.
What is a Marketing Contract?
A marketing contract is the intial contract for sale. This is the legal contract that must be preapred prior to Marketing a resdientail property or rural property in NSW.
The NSW law requires the vendor’s solicitor or conveyancer to prepare the contract for sale prior to the property being marketed or listed.
It includes documents, like title searches and, if applicable, connected easements, plan of the land, Section 10.7(2) certificate and drainage diagrams.
Your agent or, if advertising yourself, cannot advertise a property without a marketing contract.
Do You Need a Marketing Contract for Your Property?
The answer depends on what type of property you are selling:
• Residential property: Yes, a marketing contract is legally required before you can advertise or market the property
• Rural property over 2.5 hectares: Not legally required, but strongly recommended
• Commercial or industrial property: Not legally required, but strongly recommended
Rural and Commercial Property: Not Required, But Still Recommended
For rural properties over 2.5 hectares and commercial or industrial properties, a marketing contract is not a legal requirement in NSW.
However, and this is important, we strongly recommend having one prepared anyway.Here is why. When a purchaser is found and everyone is ready to move, the last thing you want is a delay while the contract is being prepared from scratch. Searches take time. Special conditions need to be drafted and approved. Councils are not always fast.
Having a contract ready before marketing means that the moment a purchaser says yes, you are ready to exchange. No delays. No frustrated purchasers. No risk of losing the sale while paperwork catches up.
The Practical Reality: In a competitive market, delays cost sales. A prepared contract signals to buyers and agents that you are serious and ready to move, and that can make a real difference.
What If My Property Does Not Sell for a Year?
If your property has been on the market for a year without selling, the contract does not need to be completely redone from scratch, but it does need to be updated.
Regardless of property type, the following must be refreshed:
✅ An updated title search: to confirm nothing has changed on the title
✅ A current Section 10.7(2) planning certificate: which confirms the current zoning and any planning restrictions on the property
What is a Section 10.7(2)?
This is a certificate issued by your local council confirming the zoning of the land and any restrictions or overlays that apply to it. It has an expiry for contract purposes, so if your property has been listed for a long time, it needs to be refreshed.
The good news is that the rest of the contract, the terms, conditions and other documents, can generally be reused without being redone entirely.
How Can You Save Money on Your Marketing Contract?
If you have previously bought or sold a property, there is a good chance some of the documents required for your new contract already exist, and can be reused.
Documents that can often be reused from a previous contract include:
📄 Deposit Plan: the registered plan showing the lot and dimensions of the property
📄 Easement documents: any registered easements affecting the property
📄 Drainage diagram or sewer location diagram: showing the location of sewer pipes on or near the property
Bringing these to your conveyancer at the start of the process can reduce the time and cost involved in preparing your contract. If you have a previous contract for the same property, even from years ago, let Kylie know. It could save you money.
How Long Does It Take to Prepare a Marketing Contract?
The honest answer is: it depends, but here is what affects the timeframe.For residential property:
The main variable is how long your local council takes to issue the Section 10.7(2) planning certificate. Some councils are fast. Some are not. This is usually the longest part of the process and is outside our control, but we chase it up on your behalf.
For rural and commercial property:
These contracts often require special conditions that are specific to your property and transaction.
Before we can finalise the contract, we will need your input and approval on those conditions. The more responsive you are, the faster we can move.
Our advice: Contact Kylie as early as possible, ideally before you even speak to the agent about listing dates. The earlier we start, the more likely your contract will be ready before your first open home.
Frequently Asked Questions
Q: Can I list my residential property before the contract is ready?
No. In NSW, a residential property cannot be advertised for sale without a Contract for Sale being available. If an agent lists your property without a contract in place, they are breaching NSW property law. Your conveyancer needs to prepare the contract before marketing begins.
Q: How much does a marketing contract cost?
The cost depends on the property type and complexity. Contact Kylie at Milana Law for a fixed fee quote, we are transparent about costs from the very first conversation.
Q: Does the buyer get a copy of the marketing contract?
Yes. The Contract for Sale is made available to any serious buyer or their representative during the marketing period. When a buyer is ready to proceed, they exchange on this contract, so getting it right from the start matters.
Q: What is included in a NSW Contract for Sale?
A standard NSW Contract for Sale includes:
- NSW law Society pages
- Special Conditions
- Title search
- Easements and other documents and by-laws etc
- Deposited plans or Strata plans Section 10.7(2)
- Drainage diagram and any other necessary certificates
Q: Can I reuse my old contract if I relist the property?
Partially. The title search and Section 10.7(2) certificate will need to be updated, but much of the rest of the contract can be reused. Bring your previous contract to Kylie and she will advise exactly what needs refreshing.
Q: Do I need a marketing contract if I am selling rural land over 2.5 hectares?
Not legally, but it is strongly recommended. Having a contract ready before marketing means you can exchange quickly when a buyer is found, without delays holding up the transaction.
Q: What special conditions might be needed for rural or commercial contracts?
Rural and commercial contracts often include special conditions relating to:
• Zoning and land use
• Water licences
• Existing tenancies
• Development approvals
• Environmental considerations
• Other matters specific to the property
Kylie will guide you through exactly what is needed for your situation.
Q: How do I get started?
Give Kylie a call. She will ask you a few simple questions about your property, explain exactly what is needed and give you a clear timeline and fixed fee quote. No jargon, no confusion, just straightforward advice from someone who has been doing this for over 20 years.
Why Choose Milana Law for Your NSW Marketing Contract?
Kylie at Milana Law has over 20 years of NSW conveyancing experience across residential, rural, commercial and lease transactions. She is available after hours, operates fully online and communicates in plain English throughout the entire process.
Whether you are selling a family home in Sydney, a farm in regional NSW or a commercial property anywhere in the state, Kylie can prepare your Contract for Sale efficiently, accurately and at a fixed price.
✅ Over 20 years NSW conveyancing experience
✅ Residential, rural, commercial and lease transactions
✅ After hours availability, we work around your schedule
✅ Fully online, sign and send documents from anywhere
✅ Plain English communication throughout
✅ Fixed fees, no surprises at settlement
✅ Direct access to Kylie, not a call centre
Call Kylie directly: 02 8360 8999
www.milanalaw.com.au
Milana Law | NSW Licensed Conveyancer | Residential, Rural & Commercial | After Hours