Last checked 11 November 2026. General information only, not legal or financial advice. Confirm current rules with RevenueSA, Consumer Affairs or your conveyancer.

A cooling-off period lets a buyer pull out of a signed residential contract for a small cost. It is short, it varies a lot between states, and at auction it does not exist. Here is how it works in each state and territory.

State Cooling-off period Cost to withdraw
South Australia Until the end of the 2nd clear business day after the Form 1 is served Any deposit over $100 is refunded
New South Wales 5 business days from exchange (10 for off the plan) 0.25% of the price
Victoria 3 clear business days from signing The greater of $100 or 0.2% of the price
Queensland 5 business days from receiving the signed contract 0.25% of the price
ACT 5 business days from exchange 0.25% of the price
Northern Territory 4 business days Deposit refunded
Western Australia None, unless written into the contract Not applicable
Tasmania None, unless written into the contract Not applicable

Business days exclude weekends and public holidays. Notice must be in writing.

When there is no cooling-off

  • Auctions: no cooling-off anywhere in Australia, and in most states not for contracts signed just before or after the auction either
  • Waivers: in NSW a solicitor or conveyancer can sign a 66W certificate waiving it; in SA a waiver needs a solicitor’s certificate. Vendors often ask for this with pre-auction offers.
  • WA and Tasmania: only if you negotiate a clause into the contract

South Australia and the Form 1

In SA the clock starts when you are served with the Form 1, the vendor’s statement. Two clear business days is not long to arrange finance or a building inspection, so many buyers make the contract subject to finance and inspection instead. Have a conveyancer read the Form 1 before you sign, and before auction day if you are bidding. Compare conveyancers in Adelaide.

Before you sign anywhere

  • Get the contract and disclosure statement checked (in Victoria, the Section 32)
  • Have finance approval or a finance clause
  • Book building and pest inspections, or make the contract subject to them
  • Know your state’s deadline and how to give written notice

Not sure who to call? Read what a conveyancer does, then find one in NSW, Victoria, Queensland or South Australia.

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