Cooling-Off Period in Australian Capital Territory (ACT)

ACT cooling-off period is 5 business days with a 0.25% penalty. Learn about the unique building inspection requirements and how to exercise your rights in Canberra.

Definition

Australian Capital Territory Cooling-Off Period

Australian Capital Territory cooling-off is 5 business days under the Civil Law (Sale of Residential Property) Act 2003 (ACT).

Quick Facts

Duration5 business days
Penalty0.25% of purchase price
LegislationCivil Law (Sale of Residential Property) Act 2003 (ACT)
StartsWhen the buyer receives the signed contract
How to ExerciseWritten rescission notice served before the cooling-off period expires
How to WaiveSolicitor's certificate and signed waiver

Exceptions

The cooling-off period does not apply in the following situations in Australian Capital Territory:

  • Properties sold at public auction
  • Where the buyer's solicitor has issued a certificate and the buyer has signed a waiver

Does Cooling-Off Apply at Auction?

No. Properties purchased at public auction in Australian Capital Territory 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?

Yes. In Australian Capital Territory, the cooling-off period can be waived via: Solicitor's certificate and signed waiver. This is common in competitive markets where vendors prefer certainty, but it removes your right to withdraw without penalty. Always seek independent legal advice before agreeing to waive cooling-off.

Frequently Asked Questions — ACT Cooling-Off

Cooling-Off in Other States

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