The 2026 Contract for Sale in NSW: What Buyers and Sellers Need to Know

Key Points

  • Residential contracts exchanged from 1 June 2026 must include the new cooling-off notice.
  • The cooling-off period is unchanged: five business days (ten off the plan), with a 0.25% forfeit.
  • Check the contract before exchange, because once contracts are exchanged you’re bound.
Illustration of a signed contract for sale with a highlighted clause, beside a house, a calendar and a key

If you are buying or selling a home in Sydney, you will now be working with the 2026 contract for sale in NSW. One change matters for every residential sale: the cooling-off notice. Any residential contract exchanged on or after 1 June 2026 must include the updated form of that notice. Here we explain what changed, what it means for buyers and sellers, and what we check before you exchange contracts.

What changed in the 2026 contract for sale in NSW?

Most NSW property sales use a standard contract published by the Law Society of NSW and the Real Estate Institute of NSW. The 2026 edition replaced the 2022 edition in March 2026.

The main driver was a 2025 change to NSW conveyancing law. It clarified how cooling-off rights apply to options over residential property. It also made a small wording change to the cooling-off notice that every residential contract must contain.

Other contract for sale of land changes in the 2026 edition include:

  • a new warning about anti-money laundering and counter-terrorism financing rules, which extend to real estate agents, lawyers and conveyancers
  • updated foreign resident capital gains withholding details, reflecting the 15% rate and the removal of the minimum property value threshold from 1 January 2025
  • solar power batteries added to the standard list of inclusions
  • clearer wording for contracts that depend on a new plan being registered, such as some off-the-plan sales
  • more flexibility for parties who agree to make the contract electronically.

Can a 2022 contract for sale still be used?

The Law Society stopped selling the 2022 edition on 13 March 2026 and recommends moving to the 2026 edition. What the law itself requires is the notice: a residential contract exchanged on or after 1 June 2026 must contain the new cooling-off notice.

The Law Society has published a replacement page so that a contract prepared on the 2022 edition can be updated. If you hold an older draft contract, have it reviewed before anyone signs it.

The new cooling-off notice and why it matters

Most buyers of residential property in NSW have a cooling-off period after exchange. It lasts five business days, or ten business days for an off-the-plan purchase. A buyer who cools off forfeits 0.25% of the purchase price. There is no cooling-off period at auction, or where the buyer’s lawyer gives a certificate waiving it.

The law requires every residential contract to set out these rights in a set form of words. The 2025 change updated that new cooling-off notice slightly, but the length of the period and the 0.25% amount stay the same.

For contracts exchanged from 1 June 2026, only the new form will do. The risk is highest where a contract was drafted months ago and has been sitting with the agent. For a full explanation of how cooling off works, see our guide to the cooling off period in NSW.

Buying? What to check before exchanging contracts

Once contracts are exchanged, you are bound by them, subject to any cooling-off rights. The time to raise concerns is before exchange.

When we act for a buyer, our pre-exchange review covers:

  • the contract form, including whether it has the correct cooling-off notice and whether a cooling-off period applies at all
  • the title, including who owns the land and what is registered against it, such as easements, covenants and mortgages
  • the planning certificate and other attached documents
  • any special conditions the seller has added, and how they change the standard terms
  • the inclusions and exclusions
  • the deposit, how it will be held, and the settlement date.

We then explain the contract in plain English and, where needed, raise changes with the seller’s lawyer before you sign. Read more about how we help with buying a property.

Selling? Preparing a contract for sale that complies

The law requires a seller to attach certain documents to the contract, including a planning certificate for the land. If a required document is missing, the buyer can generally cancel the contract within 14 days after it is made, unless the sale has already been completed. For residential sales, the contract must also include the new cooling-off notice.

When we act for a seller, preparing a contract for sale involves:

  • using the 2026 edition with the current cooling-off notice
  • obtaining and attaching the required documents
  • reviewing and updating any contract prepared before June 2026
  • drafting special conditions that suit your sale
  • checking the inclusions match how the property has been marketed.

Read more about how we help with selling a property.

Frequently asked questions

Is the 2026 contract for sale mandatory in NSW?

Not strictly. The legal requirement is that every residential contract exchanged on or after 1 June 2026 includes the new cooling-off notice. The Law Society withdrew the 2022 edition from sale in March 2026 and recommends using the 2026 edition, which already contains the new notice.

Does the new notice change how long the cooling-off period lasts?

No. The cooling-off period is still five business days after exchange, or ten business days for an off-the-plan contract. A buyer who cools off still forfeits 0.25% of the purchase price.

What should sellers do with a contract prepared before June 2026?

Have it reviewed before it goes to buyers. A contract prepared on the 2022 edition will at least need the new cooling-off notice, and moving it onto the 2026 edition may be simpler. The attached documents should also be checked to confirm they are still current.

What should I check before exchanging contracts in NSW?

Check the title, the planning certificate and other attached documents, any special conditions, the inclusions and exclusions, and the deposit and settlement terms. Make sure the contract includes the correct cooling-off notice and that you know whether a cooling-off period applies. A lawyer can review all of this with you before you sign.

Speak to a conveyancing lawyer in Sydney

Whether you are buying or selling, the time to get advice is before contracts are exchanged. Our conveyancing and property lawyers in Edgecliff act for buyers and sellers across Sydney. Book a free consultation to have your contract reviewed.

Karla Pirina is a paralegal at Stephen Wawn & Associates, working in conveyancing, estate planning and probate under the supervision of the principal. She is completing a combined Law and Business degree at UTS and her PLT with the College of Law, and expects to be admitted in early 2027.

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Disclaimer

The information on this website is general information only and is not legal advice. It may not reflect the current law or apply to your circumstances. Please get advice about your situation before acting. To speak with us, contact Stephen Wawn & Associates.