Cooling-Off Period in Victoria (VIC)

Victoria's cooling-off period is 3 business days with a penalty of $100 or 0.2%. Learn your rights under the Sale of Land Act 1962 and when cooling-off doesn't apply.

Definition

Victoria Cooling-Off Period

Victoria cooling-off is 3 business days under the Sale of Land Act 1962 (VIC).

Quick Facts

Duration3 business days
Penalty$100 or 0.2% of purchase price (whichever is greater)
LegislationSale of Land Act 1962 (VIC)
StartsWhen the buyer signs the contract
How to ExerciseWritten notice to the vendor before the period expires
How to WaiveSection 31 certificate signed by the buyer's legal practitioner

Exceptions

The cooling-off period does not apply in the following situations in Victoria:

  • Properties sold at public auction
  • Properties purchased within 3 business days of a passed-in auction
  • Where a Section 31 certificate has been issued
  • Properties over 20 hectares

Does Cooling-Off Apply at Auction?

No. Properties purchased at public auction in Victoria 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 Victoria, the cooling-off period can be waived via: Section 31 certificate signed by the buyer's legal practitioner. 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 — VIC Cooling-Off

Cooling-Off in Other States

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