Is an Early Settlement Possible? Conveyancing Tips for Buyers & Sellers Who Want to Move in Sooner
The market standard property settlement period in NSW is usually 42 days. However, what if both parties want to move things along sooner? Early settlement can be possible, but it requires agreement, preparation, and the right legal steps. At ClickLaw, our solicitors explain how early settlement works and what buyers and sellers need to know before bringing the completion date forward.
What Is Early Settlement?
Settlement is the day legal ownership of the property is transferred from the seller to the buyer. Early settlement simply means finalising that transfer before the agreed date in the contract of sale.
This might be appealing if:
- Buyers want to move in quickly or lock in finance before interest rates change.
- Sellers are keen to release equity or finalise their next purchase.
- Both parties want to avoid delays in a longer settlement.
For a full overview of how settlement works in NSW, the NSW Government’s guide to buying property is a useful reference.
Can You Request an Early Settlement?
Yes, but only if both buyer and seller agree in writing. The original contract of sale sets the settlement date, and changing it requires negotiation between the parties, usually facilitated by their property solicitors or conveyancers.
It is important to understand:
- No one can be forced into an early settlement.
- Banks, lenders, and other third parties (such as PEXA workspaces) must also be ready.
- All required documents, searches, and duties must be completed beforehand.
You can learn more about how settlements are handled digitally on the PEXA website.
Risks and Considerations
While early settlement can be convenient, it also comes with risks:
- Finance readiness – Your lender may not be able to release funds earlier than planned.
- Searches and certificates – Council and title checks may not be available before the standard timeframe.
- Contract conditions – Early settlement could impact clauses around repairs, inclusions, or adjustments.
- Costs – If not managed properly, rushing the process can lead to errors or even a failed settlement.
Delays in settlement can lead to costly disputes, and in some cases, matters may even end up before the Supreme Court of NSW. Preparation is key to avoiding those outcomes.
How to Increase the Chances of an Early Settlement
If you’re hoping for an early settlement, here are some practical steps:
- Raise the idea early – Discuss the option with your solicitor before exchange of contracts.
- Ensure finance is in order – Confirm with your lender that funds can be released earlier.
- Be prepared with documents – Have all ID, insurance, and stamp duty arrangements ready.
- Communicate clearly – Your property solicitor will liaise with the other party and their bank to confirm feasibility.
- Get everything in writing – Any change to the contract settlement date must be formally documented.
If you are unsure about your responsibilities under the contract, your property solicitor can walk you through the details and answer any questions.
Why Legal Advice Is Essential
Attempting to move settlement forward without legal advice is risky. A conveyancing solicitor in NSW can:
- Review whether early settlement is realistic in your case
- Negotiate terms with the other party and their solicitor
- Ensure all legal and financial conditions are met
- Protect you against penalties, disputes, or failed settlement
At ClickLaw, we provide fixed-fee conveyancing so you can request changes like early settlement without worrying about unexpected costs.
How ClickLaw Helps
Our online model makes conveyancing flexible and stress-free:
- Transparent fixed-fee pricing
- Guidance from experienced NSW property solicitors
- Digital document signing and secure online settlement via PEXA
- Clear communication with banks, agents, and the other party
- Updates at every step so you always know where things stand
Early settlement is possible, but only when both parties, and their lenders, are ready. With careful preparation and the right legal advice, buyers and sellers can sometimes bring the date forward and move in sooner.
Thinking about requesting an early settlement? Contact ClickLaw today for fixed-fee conveyancing in NSW. Our property solicitors will guide you through the process and help you achieve a faster, stress-free settlement.
