Cooling-Off Period in Western Australia (WA)
Western Australia has no statutory cooling-off period for residential property. Learn how to protect yourself with contractual conditions and what alternatives exist for WA buyers.
Last updated
Western Australia cooling-off is No statutory cooling-off period under the No specific cooling-off legislation for standard residential sales.
Quick Facts
| Duration | No statutory cooling-off period |
| Penalty | N/A, no statutory cooling-off |
| Legislation | No specific cooling-off legislation for standard residential sales |
| Starts | N/A |
| How to Exercise | N/A, buyers must rely on contractual conditions (finance, inspection) to exit |
| How to Waive | N/A |
Exceptions
The cooling-off period does not apply in the following situations in Western Australia:
- Off-the-plan purchases may have specific cooling-off provisions
Does Cooling-Off Apply at Auction?
No. Properties purchased at public auction in Western Australia do not have a cooling-off period. The contract becomes legally binding from the fall of the hammer. This means all due diligence, including building and pest inspections, contract review, and finance approval, must be completed before auction day. If a property is passed in at auction and sold by private treaty shortly afterwards, cooling-off may also be excluded depending on the timeframe and state legislation.
Can the Cooling-Off Period Be Waived?
Since Western Australia does not have a statutory cooling-off period for standard residential sales, the concept of waiving cooling-off does not apply. Buyers should ensure they include appropriate contractual conditions (such as finance and inspection clauses) to protect themselves.
Frequently Asked Questions, WA Cooling-Off
No. Western Australia does not have a statutory cooling-off period for standard private treaty residential property sales. Buyers must rely on contractual conditions such as finance and inspection clauses to protect themselves.
Include subject-to-finance and subject-to-inspection clauses in your contract. Get unconditional finance approval before signing if possible. Complete building and pest inspections before exchange. Have a solicitor review the contract thoroughly before you sign.
No general cooling-off right applies to off-the-plan sales in Western Australia either; a cooling-off clause only exists if it is written into the contract. Off-the-plan buyers may hold other statutory termination protections, such as sunset-clause rights, but those are not a change-of-mind right. Check the contract terms and get advice before signing.
Cooling-Off in Other States
Related Resources
- WA Contract Review Guide, Cooling-off only matters after you sign. Check what's in the WA contract first.
- Exchange of Contracts Explained, Understand what happens when contracts become legally binding.
- Pulling Out After Signing a Contract, Your options and financial consequences if you change your mind.
- How to Read a Property Contract, A buyer's guide to understanding every clause before you sign.
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