In short
How long a buyer can withdraw from a home purchase in each state and territory, what it costs and whether auctions are excluded. Cooling-off: 5 of 8 states and territories (New South Wales, Victoria, Queensland, South Australia and Australian Capital Territory).
State by state
New South Wales
In New South Wales, the cooling-off period is 5 business days from exchange of contracts (10 for off the plan), and withdrawing costs 0.25% of the price. There is none at auction.
Victoria
In Victoria, the cooling-off period is 3 clear business days from signing a private sale contract. The buyer is refunded less the greater of $100 or 0.2% of the price, and there is none at auction.
Queensland
In Queensland, the cooling-off period is 5 business days from receiving the contract signed by both parties, ending at 5pm. The seller may keep up to 0.25% of the price, and there is none at auction.
Western Australia
Western Australia has no mandatory cooling-off period for real estate contracts. The parties can agree to insert one in the contract, so a buyer who wants one must negotiate it before signing.
South Australia
In South Australia, the cooling-off period is 2 business days from service of the Form 1, or from signing if the Form 1 came first. There is none at auction.
Tasmania
Tasmania's Property Agents and Land Transactions Act 2016 (version of 1 July 2025) contains no cooling-off provision, so any cooling-off would come from the contract itself.
Australian Capital Territory
In the ACT, the cooling-off period ends at 5pm on the 5th working day after it begins, and the buyer forfeits 0.25% of the price. There is none at auction or tender.
Northern Territory
For the Northern Territory, the guide could not read the NT Government pages, so the length and cost of any cooling-off period are not stated. Ask the NT Government or an NT conveyancer.
The table
| State or territory | Cooling-off | Length | Cost to withdraw | Not at auction |
|---|---|---|---|---|
| New South Wales | Yes | 5 business days (10 for off the plan) | 0.25% of the price | Yes |
| Victoria | Yes | 3 clear business days | refund less the greater of $100 or 0.2% of the price | Yes |
| Queensland | Yes | 5 business days | up to 0.25% of the price | Yes |
| Western Australia | No | none required | — | — |
| South Australia | Yes | 2 business days | — | Yes |
| Tasmania | Not stated | — | — | — |
| Australian Capital Territory | Yes | 5 working days | 0.25% of the price | Yes |
| Northern Territory | Not stated | — | — | — |
“—” means the guide does not state it. Download the data: cooling-off-period.json (CC BY 4.0, cite Payotte with a link).
- Western Australia: Cost applies only if a clause is agreed; auctions not addressed in the guide.
- South Australia: Cost to withdraw not described in the guide; source page last revised December 2013.
- Tasmania: No statutory period found; check the contract.
- Northern Territory: Guide notes a rule exists for property not sold by auction; length and start not read.
Other tables by state
Sources
- Northern Territory: Contracts and deposits when buying property in NSW (nsw.gov.au)
- New South Wales: Buying property at an auction (nsw.gov.au)
- Victoria: Buying property by private sale (Consumer Affairs Victoria)
- Queensland: Cooling-off period for residential property contracts (qld.gov.au)
- Queensland: Cooling-off period (qld.gov.au, buyer guide)
- Western Australia: Sale by offer and acceptance (Consumer Protection WA)
- South Australia: Cooling-off period (SA Law Handbook)
- Tasmania: Property Agents and Land Transactions Act 2016 (Tasmania), authorised version 1 July 2025
- Australian Capital Territory: Civil Law (Sale of Residential Property) Act 2003 (ACT), republication 1 November 2025