Section 66W Certificates in NSW
Waiving the cooling-off period, safely
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In a competitive NSW market, an agent may tell you the seller will only exchange if you waive your cooling-off period. The way to do that is a section 66W certificate, signed by your own solicitor or conveyancer. Once it is given, you are committed from exchange with no right to change your mind.
Optimum Lawyers is a property law firm in Parramatta Square, led by principal solicitor Wisam Assi. We act on property in every Australian state and territory.

Send us the contract for a 66W certificate
We offer a free initial contract assessment. It is a brief first look at whether the contract appears ready for a full paid legal review. It is not the full review, and it is not free conveyancing.
What a 66W certificate is
Section 66W of the Conveyancing Act 1919 lets a buyer waive the cooling-off period on a residential property contract. The certificate must be given by a solicitor or licensed conveyancer who does not act for the seller, and it confirms that they explained the effect of the contract, the nature of the certificate and the effect of giving it. It is usually handed over at exchange.
What you give up
- The 5 business days to finish checks and change your mind, or 10 business days for off-the-plan.
- Any chance to walk away for the 0.25% forfeit if finance or an inspection disappoints.
- Leverage to negotiate after exchange.
What should happen before you sign
- A full review of the contract, the special conditions, title, planning certificate and any strata records.
- Finance approved, not just pre-approved, or a clear plan for the risk.
- Building and pest inspection, and a strata report for an apartment.
- Advice on the certificate itself, which is part of what the certificate confirms.
Other states
Waivers work differently elsewhere. In South Australia a lawyer must certify that you were advised before you waive cooling-off. In WA and Tasmania there is no statutory cooling-off to waive. See cooling-off periods by state.
What clients say
“He represented me through a time-sensitive property purchase and was exceptional from start to finish.”
Jarrod Oliver, Google review
Questions about 66W certificates
Who can sign a 66W certificate?
A NSW solicitor or licensed conveyancer who does not act for the seller.
Can I get out of the contract after giving a 66W certificate?
Not by relying on cooling-off. You would need a right under the contract or the law, such as a disclosure defect.
Is a 66W certificate needed at auction?
No. There is no cooling-off at auction anyway.
How quickly can you provide one?
Tell us your deadline when you send the contract. We need to review it and advise you before we sign the certificate.
Related: Cooling-off periods by state | Contract of sale review | Property lawyers Sydney
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