Key Points

  • Buyers typically have a 5 business day cooling off period when purchasing residential property.
  • This period can be waived or extended by mutual agreement between the buyer and seller.
  • No cooling off period applies if the property is sold at auction or on the same day as the auction.

Cooling off period

When buying a residential property in NSW, buyers are usually entitled to a 5 business day cooling off period after contracts are exchanged. During this time, the buyer can cancel the contract for any reason. If they do so, they must pay the seller 0.25% of the purchase price.

If you are considering cancelling a contract during the cooling off period, contact us immediately for legal advice.

Timing of the Cooling Off Period

The cooling off period begins on the day contracts are exchanged and ends at 5 pm on the 5th business day following exchange. For example, if contracts are exchanged on a Thursday, the period ends at 5 pm the next Thursday.
In some cases, the seller may agree to extend this period, but they are not required to do so.

Waiving cooling-off rights

Buyers can waive their cooling off rights by providing the seller with a Section 66W Certificate, which must be signed by a solicitor or licensed conveyancer.
Before issuing the certificate, the legal representative must explain the implications of waiving the cooling off period and confirm this advice in writing. Once the certificate is given, the buyer is bound to proceed with the purchase and cannot rescind the contract.

Auctions

There is no cooling off period when a property is purchased at auction or if contracts are exchanged on the same day the property was passed in at auction. In these situations, the contract is unconditional, and the buyer cannot cancel without forfeiting the deposit and potentially being liable for damages

Off the plan

For off-the-plan property purchases, the cooling off period is extended to 10 business days. These contracts are generally more complex, so the extended period allows buyers more time to review the contract and carry out due diligence.

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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.