Cooling-Off Periods for Property in Every State
How long you have, what it costs to withdraw, and when there is none
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A cooling-off period lets a buyer pull out of a residential property contract after signing, usually for a small cost. How long it lasts, when it starts and what you lose depend entirely on the state the property is in, and in two states there is no statutory cooling-off at all.
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.

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Cooling-off at a glance
| State | How long | Cost to withdraw |
|---|---|---|
| NSW | 5 business days, ending 5pm on the fifth business day. 10 business days for off-the-plan | 0.25% of the price |
| Victoria | 3 clear business days from the day you sign | The greater of $100 or 0.2% of the price |
| Queensland | 5 business days from the day you receive the contract signed by both parties | Up to 0.25% of the price |
| South Australia | Ends at the end of the second clear business day after the Form 1 is served | Up to $100 |
| ACT | 5 business days after exchange | 0.25% of the price |
| Northern Territory | 4 business days | None |
| Western Australia | None required by law | Not applicable |
| Tasmania | None required by law | Not applicable |
When there is no cooling-off
- Auctions. No state gives a cooling-off period on a purchase at auction. In Victoria this extends to private sales made within 3 clear business days before or after a publicly advertised auction.
- Waivers. In NSW a section 66W certificate from your own solicitor or conveyancer removes cooling-off. In South Australia a waiver needs a certificate from a lawyer. Sign one only after the contract has been checked.
- WA and Tasmania. The law does not require one. A cooling-off clause can be written into the contract only if the seller agrees.
- Some buyers and properties. Exemptions exist, for example for some company buyers and some commercial property. Check before you rely on it.
How to use a cooling-off period well
- Know exactly when it ends. It is counted in business days and sometimes from a particular document, not from when you agreed on a price.
- Get the contract and disclosure documents reviewed straight away.
- Line up finance, building and pest inspections and any strata report inside the period.
- If you decide to withdraw, give written notice in the way the contract and legislation require, before the deadline.
State-by-state detail
For the full process in each state, see interstate conveyancing, or the city pages such as Melbourne, Brisbane, Adelaide and Perth.
What clients say
“We've used his services on multiple properties on both local and interstate buying and selling”
Edgi Vega, Google review
Questions about cooling-off periods
How long is the cooling-off period in NSW?
Five business days on a private sale of residential property, ending at 5pm on the fifth business day, or 10 business days for off-the-plan. You forfeit 0.25% of the price if you withdraw.
How long is the cooling-off period in Victoria?
Three clear business days from the day you sign. You forfeit the greater of $100 or 0.2% of the price.
How long is the cooling-off period in Queensland?
Five business days from the day you receive the contract signed by both parties. The seller can keep up to 0.25% of the price.
Is there a cooling-off period in WA?
No. WA law does not require one, so the conditions in your offer are your main protection.
Is there a cooling-off period at auction?
No. No state gives one on a purchase at auction.
Related: Contract of sale review | Section 66W certificates | Interstate conveyancing
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