Selling a house in NSW usually involves five main costs: your agent’s commission, marketing, conveyancing or legal fees, any mortgage discharge fees, and any tax on the sale, such as capital gains tax on an investment property. Sellers don’t pay stamp duty in NSW (the buyer does), and in NSW agent commission isn’t set by law, so it’s agreed between you and your agent. The total depends on your home, your agent and how you choose to market it.
Agent commission and marketing
Commission is usually the biggest cost, and it’s usually payable only when the property sells. NSW Fair Trading is clear that commission, fees and expenses are negotiable, and that every amount you agree to pay must be written into your agency agreement before the agent starts work. That includes what you’ll pay, when it’s due and how it’s paid (for example, whether it comes out of the buyer’s deposit).
Marketing is usually paid separately from commission. It can cover professional photography, floor plans, online listings, signboards, video and print. If you’re going to auction, auctioneer’s fees may be added. Under NSW rules, your agent can only ask you to pay for these things if the agreement says so and lists the amounts or estimates. When you’re comparing agents, ask each one for a written list of their fees and marketing costs, and check whether the figures include GST.
You also get a cooling-off period of one business day after signing an agency agreement, ending at 5pm on the next business day (or Saturday).
Legal fees and getting the contract ready
In NSW, your contract for sale has to be ready before your home is offered for sale, so you’ll want a solicitor or licensed conveyancer on board early. They prepare the contract and the required documents (such as the title search and planning certificate), deal with the buyer’s side, and handle settlement. Fees vary, so it pays to get a written quote that includes search and certificate costs as well as the professional fee.
Your mortgage and the ATO clearance certificate
If you still have a loan on the property, your lender will usually charge a discharge fee to close it out at settlement. Your lender can tell you the amount and how much notice they need.
One step many sellers don’t know about is the ATO clearance certificate. For contracts signed on or after 1 January 2025, Australian residents selling property of any value need a clearance certificate from the ATO, given to the buyer at or before settlement. Without one, the buyer must withhold 15% of the purchase price and pay it to the ATO. The certificate is free, but the ATO says processing can take up to 28 days, so it’s best to apply as soon as you’re thinking of selling. Once issued, it’s valid for 12 months.
Tax and getting the home ready
If the house has been your main residence the whole time you’ve owned it, capital gains tax usually doesn’t apply. If it’s an investment property, or you’ve rented it out for a while, CGT may apply, so talk to your accountant before you list.
Then there are the optional costs of getting the home ready: a tidy-up of the garden, minor repairs, a fresh coat of paint, styling or a professional clean. These are entirely up to you. Across the Hills District, from family homes in Castle Hill to acreage out towards Dural and Kenthurst, we often find a few well-chosen jobs make more difference than a big spend.
Quick answers
Do sellers pay stamp duty in NSW?
No. Transfer (stamp) duty is paid by the buyer, not the seller.
When do I pay the agent’s commission?
Usually only once the property has sold, at or after settlement. Your agency agreement must spell out exactly when and how it’s paid.
Can I negotiate agent fees?
Yes. NSW Fair Trading confirms commission, fees and marketing costs are all negotiable. Compare a few agents and get every amount in writing before you sign.
Sources: NSW Government, “Agency agreements for the sale of property in NSW” (nsw.gov.au); Australian Taxation Office, “Australian residents and clearance certificates” (ato.gov.au), checked October 2026. This is general information, not legal or tax advice.
Thinking about selling and want a clear picture of what it will cost? Our team is happy to talk you through our fees and marketing options, with no obligation. Book a free market appraisal with Guardian Realty.