The general steps of buying a home are similar no matter where you are in Australia — find a broker, get pre-approved, find a property, make an offer, settle. But the specific rules around contracts, solicitors, cooling off periods, building inspections, insurance timing and settlement vary significantly by state. Getting these details wrong can cost you thousands — or worse, the property itself.
This guide breaks down how each state handles the buying process differently, so you know exactly what to expect no matter where you're buying. For a deeper walk-through of what actually happens once you're locked in, read our property settlement day guide.
NSW — New South Wales
In NSW, the seller's solicitor prepares the contract of sale before the property is even listed. As a buyer, you must review the contract and get legal advice before signing — this is non-negotiable. Five business days of cooling off apply to private treaty sales, but if you want to waive the cooling off period (common in competitive markets), you'll need your solicitor to issue a Section 66W certificate.
Building and pest inspections are typically arranged during the cooling off period for private treaty purchases. If you're buying at auction, there is no cooling off — so you need your inspection done before auction day.
The seller bears the risk of the property until settlement. Settlement in NSW typically takes 42 days or more, depending on what's negotiated.
VIC — Victoria
Victoria requires the seller to provide a Section 32 disclosure statement (also called a vendor's statement) before the buyer signs anything. This document outlines everything about the property — title details, planning restrictions, rates, and more. Your solicitor should review the Section 32 carefully before you commit.
A three business day cooling off period applies to private treaty sales. Building and pest inspections can be done before or during the cooling off period. As with NSW, auction purchases have no cooling off — inspect before you bid.
The seller bears the risk until settlement. Victoria is also introducing mandatory vendor-paid building inspections from 2027, which will make it easier for buyers to access inspection reports upfront.
QLD — Queensland
Queensland does things quite differently. Contracts are prepared by real estate agents, not solicitors — which means there's less legal oversight built into the process from the start. A five business day cooling off period applies.
Building and pest inspections in QLD are typically done as a contract condition — you agree to a set timeframe after signing (usually 14 days) to complete the inspection. If serious issues are found, you can terminate under the condition.
Here's the crucial difference: in QLD, the property is at the buyer's risk from 5pm the day after signing the contract. This means if the house burns down or gets flood damaged after you've signed, it's your problem — not the seller's. QLD buyers should arrange building and contents insurance immediately after signing. Do not wait until settlement.
Settlement typically takes 30 days in QLD. Time is of the essence — meaning if you miss the settlement date, the seller can terminate the contract and keep your deposit. As of 1 August 2025, QLD also introduced new mandatory seller disclosure requirements, giving buyers more information upfront about the property's condition and history.
WA — Western Australia
WA uses an Offer and Acceptance contract prepared by the real estate agent. This is different from the eastern states where solicitors are more heavily involved in contract preparation.
There is no mandatory cooling off period in WA. Once you sign the Offer and Acceptance, you're committed — unless you've included conditions that allow you to withdraw.
Building and pest inspections are arranged as a condition of the Offer and Acceptance. You typically have a set number of days to complete the inspection and either proceed or terminate based on the results. The property remains at the seller's risk until settlement.
Settlement agents (similar to conveyancers) are commonly used in WA rather than solicitors. They handle the transfer of title and manage the settlement process.
SA — South Australia
In SA, the vendor must provide a Form 1 disclosure statement before the buyer signs. This document includes important details about the property, zoning, and any known issues. Once you receive the Form 1, a five business day cooling off period begins.
Building and pest inspections are typically arranged as a contract condition. Most property transactions in SA are handled by conveyancers rather than solicitors, which can be more cost-effective while still providing the legal oversight you need.
TAS — Tasmania
Tasmania has no mandatory pre-sale disclosure requirements — meaning the seller isn't obligated to hand over the same kind of detailed property information you'd get in VIC, SA or QLD. This makes your own due diligence even more important.
Building and pest inspections are arranged as a contract condition, giving you a window to investigate the property before you're fully committed. While the process in TAS is generally more simplified, getting legal oversight from a solicitor or conveyancer is still strongly recommended — especially given the lack of mandatory disclosure.
ACT — Australian Capital Territory
The ACT is ahead of the curve on buyer protection. Mandatory vendor-paid building inspection reports are already required before a property can be sold. This means you'll receive a building report as part of the sale documentation — though it's still recommended to get your own independent report if you have any concerns.
The ACT's stamp duty system is also unique. The territory uses a land value tax model and offers generous first home buyer concessions — in some cases full stamp duty exemption up to $1,000,000. If you're buying in the ACT, make sure you understand the specific concessions available to you.
NT — Northern Territory
The NT has a simplified buying process compared to the larger states. An approved Contract of Sale form must be used for all residential transactions. A four day cooling off period applies, which can be extended or waived by negotiation between buyer and seller.
Given the smaller market and less regulated process, legal oversight from a solicitor is strongly recommended to make sure your interests are properly protected throughout the transaction.
Summary — Key Differences at a Glance
| State | Contract Prepared By | Cooling Off | When to Inspect | Insurance Required | Typical Settlement |
|---|---|---|---|---|---|
| NSW | Seller's solicitor | 5 business days | During cooling off / before auction | Settlement day | 42+ days |
| VIC | Seller's solicitor | 3 business days | Before or during cooling off | Settlement day | 30–90 days |
| QLD | Real estate agent | 5 business days | As contract condition (14 days) | Day after signing | 30 days |
| WA | Real estate agent | None | As condition of Offer & Acceptance | Settlement day | 30–60 days |
| SA | Agent / solicitor | 5 business days (after Form 1) | As contract condition | Settlement day | 30–60 days |
| TAS | Solicitor | Varies | As contract condition | Settlement day | 30–60 days |
| ACT | Solicitor | 5 business days | Vendor-paid report provided | Settlement day | 30–60 days |
| NT | Approved form | 4 days | As contract condition | Settlement day | 30–45 days |
Know Your State Before You Sign
The biggest mistake first home buyers make is assuming the process works the same everywhere. It doesn't. A QLD buyer who doesn't arrange insurance the day after signing is taking on enormous risk. A WA buyer who assumes they have a cooling off period could find themselves locked into a contract they can't exit. A NSW buyer who skips legal advice could miss critical contract issues.
Take the time to understand how your state works — and lean on your broker and solicitor to guide you through the details.
Use NestPath's free calculator to find out exactly what you can afford and which grants you qualify for in your state.
Frequently Asked Questions
How do I research a suburb before buying in Australia?
Check median prices, recent sales data, days on market, and price growth trends. Look at school zones, transport links, flood maps, and council development plans. NestPath's free property report tool provides suburb data including median prices and liveability scores.
How many properties should I inspect before making an offer?
There's no set number, but most first home buyers inspect 10-20 properties before buying. Attend open inspections with a checklist and a critical eye — not just an emotional one. Compare similar properties to understand fair value in your target area.
Should I get a building inspection before making an offer?
For private treaty sales, make your offer conditional on a satisfactory building and pest inspection. For auctions, you must inspect before bidding day — there's no cooling-off period. A $500 inspection can save you tens of thousands in hidden defects.
