Buying or selling %%without an agent%%?
Private sales cut out the agent — which means cutting out one layer of contract protection. This ten-step checklist covers the legal workflow a private buyer or seller needs to run, from Heads of Agreement to settlement day. Used by buyers and sellers.
Ten steps. One clean sale.
The private sale workflow is shorter than an agent-led sale — but unforgiving. Miss a step and there's no agent to catch it.
Before signing a binding agreement
Engage a lawyer early — before you agree anything informally
Prepare a Heads of Agreement — price, deposit, settlement, chattels
Make the Heads of Agreement clearly non-binding
Lawyer drafts the ADLS Sale and Purchase Agreement
+ 2 more items in this stage
Contract, conditions and due diligence
Include a broad 10 working day due diligence clause
Both parties sign and exchange the ADLS Agreement
Deposit held in the lawyer's trust account
Order a building inspection
Apply for LIM report and review the title
Finalise finance and insurance
+ 2 more items in this stage
From unconditional to settlement
Go unconditional before the deadline
Complete pre-settlement inspection
Review the settlement statement
Don't book movers too early
Wait for lawyer confirmation before collecting keys
+ 1 more items in this stage
Angus Grayson, LLB
Private sales save money on agent commission. They cost that money back if the contract isn't drafted properly. This checklist is the workflow I run with buyers and sellers in a private sale — it's the same list either way.
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Before you download.
Who uses this — the buyer or the seller?
Both. The ten steps are the same for either side; only the party drafting the Heads of Agreement differs. The form above asks which role you're in so we can route you correctly.
Do I still need a real estate agent?
No. The whole point of a private sale is no agent. But you absolutely need a lawyer — more, not less, than in an agent-led sale.
Is a Heads of Agreement binding?
Only if it says so. The checklist expressly instructs making the Heads of Agreement non-binding, and progressing to the ADLS Agreement for the binding contract.
Can I use my existing standard SPA?
Can I use my existing standard SPA?