Frequently Asked Questions – NSW

PRIORITY NOTICES IN NSW

In a move to protect buyers of real estate in NSW against real estate fraud the Real Property
Act 1900 was amended in 2016 to enable a person who intends to purchase a property to
lodge a priority notice through their solicitor.

The priority notice, once registered alerts all interested parties to the fact that the completion
of a conveyancing transaction is pending. It is designed to remove the risk of someone
registering a legal interest on the title between exchange of contracts, settlement and then
registration. Once registered it will temporarily stop the registration of other dealings (with
some exceptions).

An example of a risk to all buyers is if the vendor owes money to a third party and that party
obtains a court order for payment of that debt. The court order can be registered against
assets owned by the vendor by way of a writ. The priority notice stops that registration from
occurring but does not stop the party from lodging the documents. It is only once the priority
notice expires or otherwise is withdrawn that the registration of the writ can occur.

The upshot of registration of a priority notice is that the registrar general of the land and
property information cannot register most dealings on the title while a priority notice has
effect without the consent of the person who lodged the priority notice. Where a priority
notice is lodged by the purchaser before the writ, the transfer of the title to the new owner
will go through notwithstanding the later writ and the LPI will send a notice to the issuer of
the writ that the land does not belong to the vendor and cannot be registered.

Priority notices are effective for 60 days and can be extended only once for an additional 30
days if the application for extension is made while the priority notice is still in force. If a
second priority notice is lodged by the same party it will only have effect from the lodgement
date and is not connected in any way to a former priority notice. If protection is required
longer than 90 days, the registration of a caveat would be a more sensible pathway to
protection. Please contact eConveyancing NSW for further advice on caveats if your
purchase involves a longer settlement period than 90 days to discuss if issuing a caveat as
well as a priority notice is required noting many off the plan contracts prevent a buyer from
lodging a caveat 1.

There are some dealings which will not be prevented by the priority notice such as any
dealings in registrable form lodged before the notice, the dealings listed on the priority notice
such as the transfer of land to the purchaser and any caveats or withdrawal of caveats.
We recommend all buyers lodge a priority notice after exchange noting that additional costs
of approx. $200 are payable for the solicitor’s costs to lodge documents and lodgement fees.
If you instruct eConveyancing NSW to lodge a priority notice please do so in writing to your
solicitor. If you have any questions, contact eConveyancing NSW on 02 8812 5459

Engage us as soon as you decide to buy or sell. Early advice can save time, avoid issues, and give you confidence before signing anything.

Our fees are currently fixed at $1,800.00 plus GST for the professional work we do in a standard conveyance which is essentially transferring the ownership legally from the seller to the buyer.  In addition to our fees, you will need to cover the costs of the disbursements incurred on your behalf.

These are fees paid to third parties such as to the local council, water authority, the body corporate, online verification of ID services and the state’s revenue offices.  These could be anywhere from $350 to $700 (or more for complex strata titled buildings) depending on your matter and the various costs of different councils and states. There may be additional costs for matters that are not standard, or for add on services however we will advise you of those costs when instructed.

Yes. We offer electronic conveyancing (eConveyancing NSW) so everything can be handled online, including signing and settlement.

In NSW, buyers generally have a 5-business-day cooling-off period after exchange (except at auction). During this time, you can withdraw but may forfeit 0.25% of the purchase price.

The average timeframe is 4–6 weeks from exchange to settlement, but this can vary depending on the contract, finance approval, and any special conditions.

Settlement is the final step where the balance of the purchase price is paid, the title is transferred, and the buyer receives the keys.

Exchange is when both parties sign and swap contracts, making the agreement legally binding.

At this point, the buyer usually pays the deposit (commonly 10%).

Buying involves reviewing contracts, conducting searches, and ensuring you receive clear title.

Selling involves preparing a compliant contract, responding to buyer enquiries, and arranging settlement.

Yes. Using a conveyancer or solicitor ensures your property transaction complies with NSW law, protects your interests, and avoids costly mistakes.

Conveyancing is the legal process of transferring ownership of property from one person to another.

It includes preparing, verifying, and lodging documents and ensuring settlement occurs smoothly.