Cooling-off periods for home buyers, by state

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

Cooling-off periods for home buyers: what applies in 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.

Cooling-off periods for home buyers: what applies in 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.

Cooling-off periods for home buyers: what applies in 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.

Cooling-off periods for home buyers: what applies in 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.

Cooling-off periods for home buyers: what applies in 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.

Cooling-off periods for home buyers: what applies in 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.

Cooling-off periods for home buyers: what applies in 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.

Cooling-off periods for home buyers: what applies in 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

“—” 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.