Selling guides and articles

16 articles and 28 guides, newest first. Every one is dated and names who wrote it.

Agency agreements by state: exclusive vs open listings, the term, cooling-off and how you get out (NSW, Vic, Qld, SA, WA)The agency agreement is the contract that decides what you pay, for how long you are locked in and whether you owe commission if someone else sells. What each state's law requires it to contain, the term limits, the cooling-off rights and the clauses to change before you sign.Andy McMaster20 September 202614 min read
Underquoting laws by state: what an agent may advertise, the penalties, and how to report it (2026)Underquoting is advertising or quoting a price below what the agent has told the seller the property should fetch. The rules and penalties in NSW, Victoria, Queensland, SA and WA, the 2026 changes in NSW and Victoria, what buyers can check, and where to report it.Andy McMaster20 September 202610 min read
Real estate agent complaints: the red flags, what the regulator can and cannot do, and the Fair Trading route in every stateThe warning signs that an agent is working for themselves rather than you, the evidence to keep, how to complain to the agency first, and then the exact route to Fair Trading, Consumer Affairs, the OFT, CBS or Consumer Protection in each state and territory, with what each can actually do.Andy McMaster20 September 202611 min read
Changing real estate agents mid-campaign: when you can, what it costs, and how to avoid paying two commissionsYou can leave an agent during the agreement in some states and not others, and leaving badly can cost a second commission. When the agreement lets you go, when the law does, the tail-clause trap, what the first agent can still charge, and a step-by-step way to switch cleanly.Andy McMaster20 September 202610 min read
Fixed-fee vs commission real estate agents: what each model costs, where the break-even sits, and which one to chooseA fixed-fee agent charges a set amount, typically $3,000 to $10,000; a commission agent charges 1.6% to 3.25% of the sale price. The dollar comparison at different price points, the incentives each model creates, the hybrid and tiered options in between, and the questions that decide it for your sale.Andy McMaster20 September 202610 min read
Selling or transferring the house after separation or divorce: time limits, consent orders, stamp duty exemptions and the CGT rolloverAfter a separation the family home is either sold and the proceeds divided, or transferred to one former partner. Which one, and how it is documented, decides whether the transfer is free of stamp duty, whether capital gains tax is deferred, and whether the settlement can be unwound later. Here are the Family Law Act time limits and the 2025 changes to how property is divided, the ways to formalise an agreement, each state's duty exemption, the ATO's relationship-breakdown rollover and how it interacts with the main residence exemption, and the practical steps for selling a home two people no longer share.Andy McMaster20 September 202614 min read
Reserve price at auction: how it is set, how it relates to the price guide, and what changes in Victoria from October 2026The reserve is the lowest price a seller will accept at auction. How it is set, whether it stays secret, how it relates to the advertised price guide, and how many vendor bids the auctioneer may make all depend on the state. Here are the rules from each state's legislation, including Victoria's new requirement that the reserve be published at least seven days before the auction, plus how to set a reserve that sells and how buyers should read a guide.Andy McMaster20 September 202613 min read
Selling a house with tenants in Australia: notice periods by state, open homes and photos, and capital gains tax on an investment propertyYou can sell a tenanted property with the tenant in place or with vacant possession, but the lease, the state's notice rules and the tax position decide which is realistic. Here are the current rules in every state and territory for ending a tenancy because of a sale, for showing the property to buyers, for open homes and advertising photos, and for what happens to the lease and bond on settlement, followed by the CGT rules for an investment property: the cost base, the six-year rule, the 2027 discount change and the clearance certificate every seller now needs.Andy McMaster20 September 202615 min read
Selling a deceased estate property in Australia: probate, who can sign, CGT on inherited property and the two-year ruleAustralia has no inheritance tax, but an inherited home can still attract capital gains tax if it is sold late or handled badly. Here is the order of events for an executor or beneficiary: getting the grant of probate, who can sign the contract and when, the family-provision time limits in every state, what the ATO's two-year rule and its 18-month safe harbour actually require, how the cost base is set, and the practical decisions about clearing, insuring, presenting and selling the property.Andy McMaster20 September 202614 min read
Contract of sale in Western Australia: the offer and acceptance, no cooling-off period, and what the seller must still get rightWestern Australia has no vendor statement for a house and no statutory cooling-off period: the offer and acceptance binds both sides the moment the seller's acceptance reaches the buyer. Here is how the REIWA and Law Society contract works, the conditions that do the buyer's protecting, the seller warranties in the 2022 General Conditions, the strata disclosure a unit seller must give, the RCD and smoke-alarm rules that must be met before title transfers, and the mistakes that catch WA sellers out.Andy McMaster20 September 202613 min read
Contract of sale in South Australia: the Form 1 vendor's statement, the two-day cooling-off period, and what happens if it is wrongSouth Australia does it differently: the buyer usually signs first, the seller then serves a Form 1 vendor's statement, and the buyer's two-clear-business-day cooling-off period runs from whichever comes later. Here is what the Land and Business (Sale and Conveyancing) Act and its 2025 Regulations actually require in the Form 1, who prepares and certifies it, the $100 deposit rule, when the cooling-off period does not apply, the buyer's right to walk away up to settlement if the Form 1 is defective, and the mistakes that catch SA sellers out.Andy McMaster20 September 202613 min read
Contract of sale in Queensland: the seller disclosure statement, the cooling-off period, and what happens if it is wrongSince 1 August 2025 every Queensland seller must hand the buyer a signed disclosure statement (Form 2) and a set of prescribed certificates before the buyer signs the contract. Here is what the Property Law Act 2023 and its Regulation actually require, the exemptions, the five-business-day cooling-off period and the 0.25% it costs to use, the buyer's right to terminate up to settlement when disclosure is missing or wrong, what the REIQ contract's standard conditions do, and the mistakes that catch Queensland sellers out.Andy McMaster20 September 202614 min read
Contract of sale in NSW: what must be attached, the cooling-off period, and what happens if it is wrongIn New South Wales you cannot advertise a home for sale until the contract exists, with the title, planning certificate, sewer diagram and other prescribed documents attached. Here is what the Conveyancing Act and its 2022 Regulation actually require, the five-business-day cooling-off period and the 0.25% it costs to use, the buyer's right to rescind when documents are missing or a warranty is wrong, and the mistakes that catch NSW sellers out.Andy McMaster20 September 202611 min read
Section 32 vendor statement in Victoria: what it must contain, what it costs, and what happens if it is wrongEvery Victorian seller must hand the buyer a signed Section 32 statement before the buyer signs the contract. Here is the full list of what the Sale of Land Act requires in it, section by section, who prepares it and what it costs, the buyer's right to walk away if it is missing or wrong, the fines, and the mistakes that catch sellers out.Andy McMaster20 September 202610 min read
How to sell your house privately in Australia: costs, steps, and when an agent is worth itSelling without an agent saves the commission, usually $14,000 to $20,000 on an $800,000 home, but not the legal work, the marketing or the negotiating. Here is what a private sale actually involves in each state, what it costs, where it goes wrong, and an honest test for whether an agent would earn their fee on your property.Andy McMaster17 September 20269 min read
Selling Your Home: Tips for Maximum ValuePractical advice on preparing and marketing your home to achieve the best possible sale price in the Moreton Bay property market.Andy McMasterUpdated 24 July 20266 min read

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