Buying in Sydney · a guide published by Dotto
Buying in Sydney, from the first inspection to the fall of the hammer
This is a guide to how residential property is bought in Sydney under NSW law, and to where a buyer’s agent fits in, written and published by Dotto. Six lots, each one question, each read against NSW Fair Trading’s own pages.
Register.Bid.Reserve.Hammer.Exchange.
The order of sale
Six lots, one question each
- Lot1
What a buyer’s agent does
Who a buyer’s agent acts for, the duties NSW sets for them, and how their role differs from the selling agent’s.
- Lot2
Bidding at a NSW auction
Registering, the bidder’s number, the conditions on the board, and what happens when the hammer falls.
- Lot3
Underquoting rules in NSW
What a selling agent may say about price, the 10% range rule, and the changes expected towards the end of 2026.
- Lot4
Cooling-off in NSW
Five business days (ten off the plan), 0.25% to step away, and the sales where there is no cooling-off at all.
- Lot5
Contracts and conveyancing
What comes attached to a NSW contract of sale, and the work a conveyancer or solicitor does before and after exchange.
- Lot6
Strata reports before you bid
What a strata search report covers, the section 184 certificate, levies and by-laws.
Before the first bid
The bidder’s card
To bid at an auction of residential or rural property in NSW, a buyer gives the selling agent their name and address and shows proof of identity. Without those details, they cannot bid. The agent writes them into the Bidders Record and hands over a bidder’s number, which has to be displayed with every bid.
The Bidders Record is private. The agent may not show it to anyone, including the owner of the property; only an authorised person from NSW Fair Trading may see it. Registering does not oblige anyone to bid. It only gives the right to.
When a licensed buyer’s agent registers to bid for a client, the agent’s licence number goes into the record too, and the agent may show their agency authority in place of a letter of authority. How bidding at a NSW auction works.
- Bidder’s name and address
- From proof of identity issued by a government or a financial institution
- Identity number
- The number on that proof of identity
- Bidding for someone else
- Their name, address and identity number, from a letter of authority
- Buyer’s agent
- Their licence number, if a licensed agent registers for a buyer
- Bidder number
- Different for every bidder, and clearly visible to the auctioneer
Two agents, two clients
Who acts for whom
A real estate agent who acts for the buyer is also known as a buyer’s agent, and needs a real estate agent’s licence to act as one, or else a certificate of registration plus a licensed real estate agent directing their work. The agent selling the property is not working for the buyer, but for the seller.
The selling agent
- Acts for the seller.
- Must pass on to the seller any further offers received, up until contracts are exchanged, unless the seller has instructed otherwise in writing.
- May not quote a buyer a price below the estimated selling price recorded in the agency agreement.
- Does not have to give the reserve price or the estimated selling price.
A buyer’s agent
- Acts for the buyer, and must declare any conflict of interest in doing so.
- Must keep the buyer informed of each stage of negotiating a price.
- Must not go past the agreed price, in negotiation or at auction, without the buyer’s express written authority.
- Must not accept any payment for referring the buyer to a selling agent.
On the board
The conditions of auction
NSW sets conditions for every auction of residential property, and the auctioneer must have them on display before and during the auction so bidders can read them. The buying at auction page holds the full list; these are the ones a bidder meets first.
- The seller’s reserve price is given to the auctioneer in writing before the auction starts.
- The highest bidder is the buyer, subject to any reserve price.
- The auctioneer may make one bid only on the seller’s behalf, and only if the conditions of sale give that right and the auctioneer announced before the auction that they may; they must announce that it is a vendor bid immediately before or while making it.
- A bid that does not serve the seller’s interests can be turned down by the auctioneer.
- No bid can be made or accepted after the fall of the hammer.
- In a disputed bid, the auctioneer is the sole arbiter and the decision is final.
Where to check
The official places behind every lot
- Buying property in NSWNSW Fair Trading’s guide for buyers, from finance and inspections to auctions, offers and contracts.
- Licence checkShows whether a property agent or conveyancer holds a current licence or certificate, and any disciplinary action taken.
- NSW Fair Trading complaintsComplaints about real estate agents, including suspected underquoting, can be lodged online or on 13 32 20, 8:30am to 5pm, Monday to Friday.
- NSW Valuer General Valuation PortalA government service for searching land values and property sales information, free of charge.