ConveyancingExplained Talk to a conveyancer

Cooling-off period in Queensland: 5 business days from when you receive the contract

When you buy residential property in Queensland by private treaty, you get a cooling-off period of 5 business days. The length is the same as New South Wales, but the starting point is genuinely different: in Queensland the clock starts when you receive a copy of the contract signed by both parties, not the day you sign it. That distinction changes your actual deadline, so it is worth understanding precisely before you sign anything.

What the cooling-off period is

The cooling-off period is a statutory right, set out in the Property Occupations Act 2014 (Qld), that lets a residential property buyer in Queensland end a private-treaty contract shortly after receiving it, for a small penalty, and recover the rest of any deposit paid. It exists so a buyer who committed quickly, or who finds a problem right after receiving the contract, is not locked in with no way out.

It is not a licence to renegotiate the price, and it is not a substitute for doing your checks before you sign. It is a narrow, time-limited exit, and it disappears once the 5 business days pass.

The 5 business days, explained

The period is 5 business days. Two details matter for a buyer working out their exact deadline, and they are the part most guides for other states get wrong when applied to Queensland:

Because the trigger is receipt, not signing, always ask your solicitor to confirm the exact date you received the fully signed contract and calculate your deadline from that, rather than counting from the day you initialled your own copy.

The penalty if you withdraw

If you terminate during the cooling-off period, the seller is entitled to deduct a termination penalty of up to 0.25% of the purchase price from your deposit, and must refund the balance within 14 days of the contract ending:

The rest of any deposit or holding money is returned to you within the statutory 14-day window.

How to exercise the cooling-off period

To cool off, you must give the seller (or their agent) written notice that you are ending the contract, and you are responsible for making sure it actually arrives before the period expires. Simply deciding not to proceed, or going quiet, is not enough. Your solicitor normally prepares and sends this notice for you, which is another reason to have one engaged before you sign, not after. You can also choose to waive or shorten the cooling-off period, but that decision must also be made in writing.

When there is no cooling-off period

The cooling-off period does not apply in the following situations. If any of these describes your purchase, you are committed as soon as the contract is signed, with no statutory window to withdraw:

Buying at auction in Queensland? Because there is no cooling-off period at all at auction, all your checks, including reviewing the seller's Form 2 disclosure statement and arranging finance and inspections, must be done before you raise your hand. You cannot rely on a cooling-off window that does not exist.

The Form 2 disclosure statement and your right to terminate

The cooling-off period is separate from, and sits alongside, a much newer Queensland protection: the Seller disclosure statement (Form 2). Since 1 August 2025, under the Property Law Act 2023, the seller must give you a signed Form 2 statement and prescribed certificates before you sign the contract at all. If that statement is not given, or is materially inaccurate or incomplete in a way you were unaware of and that would have changed your decision to buy, you may have a right to terminate at any time up to settlement, which can extend well beyond the five-day cooling-off window. The two rights work together but address different problems: cooling-off is a short, no-reasons-needed exit; the Form 2 termination right addresses defective disclosure. The statement and the termination right are covered in full in the Form 2 seller disclosure statement guide.

Queensland versus New South Wales and Victoria

All three eastern states give residential buyers a cooling-off right, but the trigger point and the length both differ:

All three remove the cooling-off period entirely for auction purchases. If you are comparing states, see our NSW cooling-off period guide, Victoria cooling-off period guide, and the cooling-off period by state comparison, which sets out every state and territory side by side.

Practical tips for Queensland buyers

Enjoy a same-day response

Talk to a Queensland solicitor before your cooling-off period runs out

Tell us about your matter and we will pass your details over to independent legal partners who can be in touch within 24 hours.

Conveyancing Explained is an independent information site, not a law firm. We refer enquiries to independent legal partners we work with, and may receive a referral fee. See our privacy policy for how your details are handled.

Conveyancing Explained provides general information about property transactions in Australia. It is not legal advice and does not create a client relationship. For advice on your situation, engage a licensed conveyancer, settlement agent, or property solicitor in your state or territory.