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Buy a Home

Buying a home by state

How cooling-off, the contract, auctions, the deposit and settlement work in Victoria, New South Wales, Queensland, Western Australia and South Australia.

Jurisdiction: Victoria, New South Wales, Queensland, Western Australia and South Australia, compared state by stateSources last verified: 22 Oct 2026By Delora editorial teamChange history

Key points

  • Western Australia has no statutory cooling-off period; South Australia has 2 clear business days, Victoria 3, and New South Wales and Queensland 5.
  • No state on this page gives a cooling-off period when you buy at auction.
  • Every state requires the seller to disclose something before or around the contract, but the document, its timing and its consequences differ.
  • Settlement dates are set by the contract; the usual periods state governments describe are a guide, not a rule.

The five steps, state by state

Every purchase goes through the same five steps, but each state writes its own rules for them. The table gives the rule that matters most at each step; the state pages give the detail and the exceptions. Each cell links to the government or regulator page it comes from.

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The five steps, state by state
StepVICNSWQLDWASA
Cooling-off periodThree clear business days on a private sale (Consumer Affairs Victoria, verified 30 Jul 2026); none at auction (Consumer Affairs Victoria, verified 30 Jul 2026)5 business days after exchange (10 off the plan); 0.25% to withdraw; none at auction (NSW Government, verified 7 Aug 2026)5 business days; up to 0.25% to withdraw; none at auction (Queensland Government, verified 7 Aug 2026)None by law; protection comes from the offer and acceptance conditions (Consumer Protection WA (Dept of Local Government, Industry Regulation and Safety), verified 7 Aug 2026)2 clear business days; none at auction (Attorney-General's Department, South Australia, verified 7 Aug 2026)
The contract and the seller's disclosureSection 32 vendor statement, given before you sign (Consumer Affairs Victoria, verified 30 Jul 2026)Prescribed documents attached to the contract before signing (NSW Government, verified 7 Aug 2026)Form 2 seller disclosure statement, before you sign (Queensland Government, verified 7 Aug 2026)Strata lots: a disclosure statement before you sign (Landgate (WA land titles authority), verified 7 Aug 2026)Form 1 vendor's statement; cooling-off starts once it is served (Legal Services Commission of South Australia, verified 13 Aug 2026)
Buying at auctionNo new conditions unless the seller agrees (Consumer Affairs Victoria, verified 30 Jul 2026); from 16 October 2026 the reserve is published at least 7 days before (Consumer Affairs Victoria, verified 27 Sep 2026)Register to bid (NSW Department of Customer Service (in collaboration with NSW Fair Trading), verified 12 Aug 2026); one vendor bid, announced (NSW Department of Customer Service (in collaboration with NSW Fair Trading), verified 12 Aug 2026)Registered bidders only (Queensland Government (Office of Fair Trading), verified 12 Aug 2026); vendor bids only up to the reserve (Queensland Government (Office of Fair Trading), verified 12 Aug 2026)Can't be conditional on finance (Consumer Protection WA (Dept of Local Government, Industry Regulation and Safety), verified 22 Oct 2026); vendor bids up to the reserve, numbered in the conditions of sale (Consumer Protection WA (Dept of Local Government, Industry Regulation and Safety), verified 22 Oct 2026)Unconditional (Government of South Australia (Attorney-General's Department), verified 12 Aug 2026); up to 3 vendor bids, below the reserve (Government of South Australia (Attorney-General's Department), verified 12 Aug 2026)
The depositNo set amount by law; usually 10% at auction (Consumer Affairs Victoria, verified 30 Jul 2026)Usually 10% at auction, paid on the spot (NSW Department of Customer Service (in collaboration with NSW Fair Trading), verified 12 Aug 2026)Normally paid within 2 to 3 days of the contract binding (Queensland Government, verified 22 Oct 2026)Released on the contract's terms, not a fixed rule (Parliament of Western Australia (via AustLII consolidated text), verified 12 Aug 2026)Before cooling-off ends, at most $100 can be demanded (South Australian Government (Parliamentary Counsel), verified 22 Oct 2026); usually 10% in all (Legal Services Commission of South Australia, verified 12 Aug 2026); at auction, usually 10% straight away (Government of South Australia (Attorney-General's Department), verified 12 Aug 2026)
SettlementBalance paid, title and possession pass (Consumer Affairs Victoria, verified 29 Jul 2026)Usually around 6 weeks after exchange (NSW Government, verified 22 Oct 2026)Date set by the contract (Queensland Government, verified 22 Oct 2026); duty lodged within 30 days (Queensland Revenue Office, verified 12 Aug 2026)Usually 30 to 90 days; a settlement agent or lawyer (Consumer Protection WA (Dept of Local Government, Industry Regulation and Safety), verified 22 Oct 2026)Usually 4 to 12 weeks after signing (Government of South Australia, verified 22 Oct 2026)

Where the states differ most

Cooling-off is the clearest example. Western Australia has no statutory cooling-off period at all, South Australia gives 2 clear business days, Victoria 3, and New South Wales and Queensland 5. No state gives a cooling-off period at auction. What the seller must disclose before you sign also differs: Victoria's Section 32, the New South Wales prescribed documents, Queensland's Form 2 and South Australia's Form 1, which can arrive after the contract is signed.

Choose your state

Tasmania, the ACT and the Northern Territory are not covered here yet. Their cooling-off periods are compared in the deposit guide.

Practical checklist

Whichever state you buy in

  • Read the state page for where the property is, not where you live
  • Find out before you bid or sign whether a cooling-off period applies
  • Have your own conveyancer, settlement agent or lawyer read the contract and disclosure documents
  • Write any condition you rely on into the contract

Questions for a professional

  • Which state's rules apply to this purchase, and is there anything unusual about this contract?
  • What has the seller disclosed, and what is missing?

Official resources

Important limitations: This is general information comparing state rules, not legal advice about any contract. The date on each citation is when Delora last checked that source.

Sources and methodology

Figures on this page are drawn from Delora's local knowledge graph, refreshed from these primary sources and checked for changes on a regular schedule. If a figure here looks out of date, the official source above is always the authority — please let us know.

Evidence record

Written by
Delora editorial team
Jurisdiction
Victoria, New South Wales, Queensland, Western Australia and South Australia, compared state by state
Content type
Guide (general information, not legal advice)
Last reviewed
2026-11-05
Sources
See "Sources and methodology" above for cited sources