Property cooling-off periods by state: the Australian comparison
The headline period is five business days in NSW and Queensland, five business days in the ACT, four business days in the NT, three clear business days in Victoria and two clear business days in South Australia. Ordinary private sales in WA and Tasmania have no general statutory period. Ask your conveyancer or solicitor to confirm when your clock starts, when it ends, what exceptions apply and how notice must be given.
- 01TriggerSigning, exchange or receipt: each state picks its own starting gun
- 02DeadlineCounted in clear, business or working days, and it matters which
- 03ExceptionsAuctions, waivers and edge cases can switch it off entirely
Get your actual deadline, for your actual contract, in writing.
The state-by-state orientation
This table covers the usual residential private-sale position for an individual buyer. Auctions, off-the-plan contracts, options, corporate buyers, rural or commercial land, written waivers and contract amendments can change the result. Have the actual deadline confirmed.
| State / territory | Headline period | Typical consequence of withdrawal |
|---|---|---|
| NSW | 5 business days after exchange; 10 business days for off-the-plan contracts | 0.25% of the purchase price |
| VIC | 3 clear business days, beginning when the buyer signs | The greater of $100 or 0.2% of the purchase price |
| QLD | 5 business days, triggered by the buyer receiving the fully signed contract | Seller may deduct up to 0.25% of the purchase price |
| ACT | 5 working days | 0.25% of the purchase price |
| NT | 4 business days in the usual eligible transaction | No statutory penalty stated in the standard government guidance |
| SA | 2 clear business days; the Form 1 timing matters | Seller generally retains the prescribed amount, commonly $100 |
| WA | No general statutory cooling-off period for an ordinary private sale | Any exit depends on negotiated contract conditions |
| TAS | No general statutory cooling-off period for an ordinary private sale | Any exit depends on negotiated contract conditions |
Each state starts the clock differently
In Victoria, the three-clear-business-day period begins on the date the buyer signs. In NSW, the five-business-day period starts at exchange and ends at 5 pm on the fifth business day after the day of exchange. In Queensland, the clock starts when the buyer receives the contract signed by both parties.
In South Australia, cooling-off is connected to service of the statutory Form 1 and the contract. Ask your legal representative to state the deadline, time and notice method in writing.
Auction and near-auction exceptions
A purchase made at auction generally has no cooling-off period. The edges differ. Victoria also excludes a private sale made within three clear business days before or after a publicly advertised auction. NSW excludes exchange on the auction day after the property is passed in. Queensland excludes a follow-up sale after an unsuccessful auction if it occurs before 5 pm on the second business day and the buyer was a registered bidder. Those rules are why an auction calendar can matter even when the final negotiation looks like a private sale.
If an auction is in the picture, finish the contract, finance and building work before you bid. Use the auction due-diligence checklist and the narrower guide to pre-auction building inspections.
Waiving, shortening or changing the period
Some regimes allow the buyer to waive or shorten the period through a prescribed mechanism. NSW uses a section 66W certificate from the buyer's solicitor or conveyancer. Queensland permits a written waiver or shortening. A waiver removes or shortens the buyer's statutory cooling-off right, so the right to rescind may end as soon as the prescribed waiver takes effect.
Contract conditions in WA and Tasmania
WA and Tasmania have no general statutory cooling-off period for ordinary private sales. Use appropriately drafted contract conditions for finance, building and pest, sale of another property or due diligence. The WA Government advises buyers to understand the contract before signing. Have each condition drafted or reviewed professionally.
What to do inside a cooling-off window
- Have the contract and disclosure bundle reviewed, including title, plan, easements, covenants, planning controls, notices and settlement terms.
- Confirm finance against this property, including valuation or lender conditions still outstanding.
- Complete the physical checks the property warrants within the available time.
- Escalate specific flags to an engineer, electrician, plumber, strata specialist or other appropriate professional.
- Keep the deadline and notice method in writing, using the method your legal representative confirms.
Frequently asked questions
How long is the cooling-off period when buying a house?
It depends on the state and the contract: from five business days in NSW and Queensland down to none at all for ordinary private sales in WA and Tasmania. Have the trigger, the exact deadline and the exclusions confirmed for your contract.
Is there a cooling-off period at auction?
Cooling-off is generally unavailable at auction. Some states also exclude defined transactions close to an auction.
When does the cooling-off clock start?
Victoria starts when the buyer signs, NSW at exchange, and Queensland when the buyer receives the contract signed by both parties. South Australia’s Form 1 timing also matters.
Can a cooling-off period be waived?
In some jurisdictions, yes, using a prescribed or written mechanism. NSW uses a section 66W certificate; Queensland permits written waiver or shortening. Take legal advice because a waiver can remove or shorten the buyer’s statutory right to rescind.
What if the state has no statutory cooling-off period?
Negotiate appropriate conditions into the contract before signing and have them professionally drafted or reviewed. In WA and Tasmania, contract conditions usually do the protective work a statutory cooling-off period performs elsewhere.
How this guide was researched
Compiled state by state from current government and legislation sources, with each exception beside the headline number it changes.
Limits: Legal orientation only. Property type, buyer identity, auction timing, certificates, written waivers and contract terms can change the result.
Sources
- Buying property by private saleConsumer Affairs Victoria · accessed 2026-07-19
- Contracts and deposits when buying property in NSWNSW Government · accessed 2026-07-19
- Cooling-off period for residential property contractsQueensland Government · accessed 2026-07-19
- Contract of saleNorthern Territory Government · accessed 2026-07-19
- Cooling-off rightsLegal Services Commission of South Australia · accessed 2026-07-19
- Civil Law (Sale of Residential Property) Act 2003ACT Legislation Register · accessed 2026-07-19
- Buying property by private saleConsumer Protection Western Australia · accessed 2026-07-19
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