Selling a Property

Selling a property can be a particularly stressful time in your life, however the team at Ferguson Legal are here to ensure your sale goes as smoothly and stress free as possible. We ensure this is done by:

  • Taking initial instructions from you, conducting necessary legal searches, ordering Certificates/Diagrams from Council, and ordering Strata searches/Certificates (if applicable).
  • Once all of these searches and Certificates have been received we then compile a ‘marketingContract’ and provide this to your Agent (and a copy to you) so marketing of the property may commence.

Before Exchange:

Once a purchaser has been found, and you have accepted their offer, we will:

  • Insert the Purchase details onto the front page of the Contract;
    -Provide a copy of the Contract to the Purchaser’s Solicitor/Conveyancer;
  • Answer any legal questions received from the Purchaser’s Solicitor/Conveyancer;
  • Negotiate any amendments to the Contract, such as Special Conditions;
  • Ensure the Deposit has been paid (either to the Agent, our Trust Account or by way of Deposit Bond) before proceeding to exchange of Contracts;
  • Liaise with your Agent.

Following Exchange:

Ferguson Legal will:

  • Open a workspace in PEXA (Property Exchange Australia) to enable electronic settlement to occur on the agreed date for settlement, as set out in the Contract;
  • Liaise with you and your lender to ensure arrangements are made to discharge the Mortgage (if applicable);
  • Ensure all legal documents are completed and signed in readiness for settlement;
  • Confirm all details for settlement are correct, including settlement figures and payment directions for the balance of purchase monies; and
  • Liaise with your Agent.


Ferguson Legal will attend to electronic settlement on your behalf, including signing all relevant documents to enable the legal transfer of the property Title from your name to the purchaser. We will also arrange the distribution of the balance of sale proceeds in accordance with your instructions.

Following Settlement:

  • We notify you and your Agent; and
  • Provide an Authority to your Agent to allow the purchaser to take possession of the property;
  • We provide you and your Agent with a letter confirming the details of settlement; and
  • Store your file for a period of 7 years, making it easy for you to provide us with instructions in the future, should you decide to purchase a property.