Tasmania private sale article

Selling Your Property Privately in Tasmania: Legal and Tax Checklist

Every legal and tax step for a private sale in Tasmania: the standard contract, disclosure best practice, no cooling-off, deposit, ATO clearance and settlement.

The legal side of a Tasmanian property sale is the same whether you sell privately or through an agent, and your conveyancer or lawyer does the heavy lifting. Tasmania's process is one of the simplest in Australia, leaving you free to enjoy the fun part: presenting your home and meeting buyers! Here's every step. It's general information, not legal advice.

1. Engage your conveyancer or lawyer

Do this when you choose your PLBO package. They'll prepare the contract, hold the deposit in trust and complete settlement.

2. The Contract for Sale of Real Estate

Tasmania uses a standard contract with two parts (Hobart Community Legal Service):

PartWhat it contains
Particulars of Salethe parties, property, price, deposit, settlement date, inclusions and special conditions
Standard Conditions of Salethe standard terms that apply to the sale

Special conditions often include finance approval and a building and pest inspection.

3. Cooling-off

There's no statutory cooling-off period in Tasmania. Once both parties sign, the contract is binding. That's excellent certainty for sellers!

4. Disclosure: best practice

Tasmania follows a buyer beware approach, with no prescribed vendor statement. Buyers do their own searches, and sellers must never mislead. Smart sellers make it easy by sharing a disclosure pack:

  • Title search and plan
  • Council rates and TasWater notices
  • Building approvals and certificates for extensions and outbuildings
  • A pre-sale building and pest report
  • Strata or body corporate details, for units

A great disclosure pack helps buyers commit faster, and with no cooling-off, confident buyers sign sooner!

5. Deposit

Commonly 10%, held in trust by your conveyancer or lawyer as the contract sets out.

6. Tax

  • ATO clearance certificate. Since 1 January 2025, buyers must withhold 15% on every property sale unless the seller provides a valid clearance certificate at or before settlement (ATO). It's free and online.
  • Capital gains tax. Your main residence is generally exempt. Investments and shacks usually aren't, fully or partly.
  • GST. Not normally payable on an existing home.

7. Settlement adjustments

Your conveyancer apportions council rates, TasWater charges and any strata levies so you pay only for your time as owner.

8. Safety items

  • Smoke alarms: make sure they're working, because buyers notice!
  • Wood heaters: have any installation compliance paperwork handy.
  • Pools: keep barriers compliant.

Document checklist: gather these in week one

DocumentWhere from
Contract for Sale of Real Estateyour conveyancer or lawyer
Title search and planyour conveyancer
Council rates noticeyour council
TasWater noticeTasWater
Building approvals and certificatesyour council
Building and pest reportan inspector
Strata details (units)your body corporate manager
ATO clearance certificateATO online

9. Settlement day

Settlement is completed by the conveyancers. You hand over the keys and receive 100% of your sale proceeds. PLBO takes no commission.

The part you control: price and presentation

While your conveyancer looks after the legal steps, you focus on the exciting part! Your PLBO property comparables report shows recent sales of similar homes near you, so you can set your asking price with confidence and talk to Tasmanian buyers from a position of strength. Then list in minutes with Generate with AI.

Put it into action

Follow the Tasmanian 8-week plan and choose your PLBO package. While your conveyancer prepares the contract, PLBO puts your home in front of buyers on PLBO and across Domain, view, homely, Soho, realty, onthehouse and allhomes*. Let's get it sold!

*Availability on allhomes.com.au may depend on the property's location, listing type and applicable portal requirements.

Frequently asked questions

Is the legal process different when I sell privately?

No. The contract, deposit and settlement are exactly the same in a private sale as in an agent sale, and your conveyancer or lawyer handles them.

Is there a cooling-off period in Tasmania?

No. There's no statutory cooling-off in Tasmania. Once both parties sign, the contract is binding.

Do I need a vendor statement?

Tasmania doesn't have a prescribed vendor statement. Buyers do their own searches, but a voluntary disclosure pack builds trust and helps buyers commit sooner.

What is an ATO clearance certificate?

It confirms you're an Australian resident for tax purposes. Since 1 January 2025, buyers must withhold 15% on every property sale unless the seller provides one. It's free and online.