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Sellmyproperty.com.au · Paper 03 of 06

Vendor’s file · Paper 03

Cooling-off: the days a buyer can still walk away

Rules described
NSW · VIC · QLD · SA · WA · TAS · NT
Where to check
Each state’s page, linked beside its row

A cooling-off period lets the buyer of a home sold privately withdraw from a signed contract within a few days, sometimes at a small cost, and in every state below that has one, it does not apply at auction. It runs from two clear business days in South Australia to five business days in NSW and Queensland; Western Australia and Tasmania have no mandatory period. Where a state’s page mentions the seller, it says the seller gets none.

General information, not legal advice. The rules differ by state and change over time. Check with your state’s fair trading or consumer affairs body, whose page is listed at the foot of this page, and ask a solicitor or licensed conveyancer about your own sale.

Checked 8 Oct 2026

Sheet 1 · Counting the days

Business days, not calendar days

NSW gives its own example. If contracts are exchanged at 10am on a Tuesday, the buyer’s five-business-day period ends at 5pm on the Tuesday of the following week, and the buyer can get out of the contract in that time by giving written notice.

  1. TueExchange, 10am
  2. Wed1
  3. Thu2
  4. Fri3
  5. Satnot counted
  6. Sunnot counted
  7. Mon4
  8. TueDay 5 ends, 5pm

NSW’s worked example, drawn as a week with no public holiday in it.

The starting point is not the same everywhere. In Victoria the period runs from the date the buyer signs, not the date the seller signs. In Queensland it starts the day the seller hands the buyer a copy of the contract signed by both, moving to the next business day if that falls on a weekend or public holiday.

Sheet 2 · The register

State by state

Residential sales other than at auction. ACT not shown; check with Access Canberra.
StateLengthStartsIf the buyer withdrawsExceptions and changes
NSW 5 business days, ending 5pm on the fifth; 10 business days for an off-the-plan contract On exchange The buyer pays the seller 0.25% of the price, which is $250 for every $100,000 None at auction, or on exchange the same day after a property is passed in. The buyer can waive it with a 66W certificate, or the period can be shortened or extended by written agreement
VIC 3 clear business days, whatever the price The date the buyer signs Written notice to the seller or their agent; the buyer gets back the money paid, less $100 or 0.2% of the price, whichever is greater None if the buyer had signed a contract for the property on the same terms before, is an estate agent or a corporate body, buys within three clear business days before or after a public auction, or if the property is mainly industrial or commercial, or over 20 hectares and mainly farmed
QLD 5 business days, ending 5pm on the fifth day When the seller hands the buyer the contract signed by both The seller may deduct up to 0.25% of the price from the deposit and must refund the rest within 14 days None at auction
SA 2 clear business days Once the contract is signed and the Form 1 has been given, counting from whichever happens later Without penalty; the buyer completes a cooling-off notice None at auction. An amended Form 1 gives the buyer a further 2 clear business days
NT 4 business days The day the contract is last signed and exchanged The buyer can cancel without penalty or explanation Applies to sales not by auction; can be waived, reduced or extended by agreement
WA No mandatory period Only if the parties agree to insert one in the contract As the contract says Not applicable
TAS Not a requirement under the Property Agents and Land Transactions Act 2016 Cooling-off was added to the standard form contract as an option As the contract says Not applicable
Sheet 3 · A worked illustration

What withdrawing would cost, on one illustrative price

The price below is an illustration chosen to make the arithmetic easy to follow, not a market figure. Each line applies that state’s own rule from the register above.

Illustration only, on an assumed price of $800,000.
StateThe ruleOn $800,000
NSW0.25% of the price $2,000
VIC$100 or 0.2%, whichever is greater $1,600
QLDUp to 0.25%, deducted from the deposit up to $2,000
SA, NTWithout penalty $0
Sheet 4 · The seller’s side

Where the states say the seller is bound

The states that address it say plainly that the seller has no cooling-off period. In NSW, once contracts are exchanged the seller is legally bound to complete; in South Australia, once you and the buyer sign, you are legally bound.

That shapes how offers arrive. NSW notes that a seller may decide to accept an offer only if the buyer waives the cooling-off period. A buyer waives it with a certificate signed by their lawyer or conveyancer, who has explained what waiving means.

Close to an auction, in Victoria

A buyer gets no cooling-off period if their offer before the auction is accepted with fewer than three clear business days to go until the auction date.

In Queensland, a private seller carries one more duty: the contract must hold a warning statement about the cooling-off period directly above the place where the buyer signs, and if you sell without an agent, including it is your responsibility. Paper 04 gathers the other duties of a private sale.

Elsewhere in the file

The other papers