Australia has no general cooling-off period. You only get one where a law, an industry code or the contract itself gives it. The ACCC says that when you buy from a store or website “there is no automatic right to a cooling-off period”. The main statutory ones are: residential property in most states (2 to 5 business days, none at auction), door-to-door and phone sales (10 business days under the Australian Consumer Law), some car purchases from dealers, gym memberships in WA, Queensland and the ACT, new franchises (14 days), retirement village contracts and many insurance products. Most loans have none.
Checked on 9 November 2026 against the legislation and official pages listed under Sources. This is general information, not legal advice.
Cooling-off periods at a glance
| Contract | Cooling-off (9 November 2026) |
|---|---|
| Buying a home (private sale) | 5 business days in NSW, Queensland and the ACT, 3 clear business days in Victoria, 2 clear business days in SA, 4 business days in the NT (from the approved contract form). None in WA or Tasmania. None at auction |
| Door-to-door or phone sale you did not ask for | 10 business days (ACL s 82), longer if the seller broke the rules |
| Car from a dealer | Varies: Victoria, Queensland (used cars), SA (used cars) and the ACT have one; NSW only with dealer-arranged finance; none in WA, Tasmania or the NT |
| Gym membership | 7 days in WA, 48 hours in Queensland, 7 days in the ACT (memberships of 3 months or more) |
| New franchise | 14 days (Franchising Code s 50) |
| Retirement village | Yes in every state and territory: from 5 business days (Tasmania) up to 10 business days (SA) or 14 days (Queensland) |
| Insurance | At least 14 days where Corporations Act s 1019B applies; lost once you claim |
| Personal loan, car loan, credit card | No general cooling-off: the National Credit Code does not provide one. You can pay out at any time (s 82) |
| Shop or online purchase | None by law. A change-of-mind refund is only what the store’s own policy offers |
Is there a cooling-off period on every contract?
No. A contract binds you once it is made. The ACCC explains that “Cooling-off periods are written into the terms of some contracts”, and that consumers have an automatic right to one only when they buy through telemarketing or door-to-door sales. A business “is not required to give a refund if the consumer simply changes their mind”.
So check three things: does a law give this kind of contract a cooling-off period in your state, does the contract give one, and has anything (an auction, a waiver, taking delivery) already taken it away.
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Cooling-off when buying property, by state
| State | Cooling-off (private sale) | Cost to pull out |
|---|---|---|
| NSW | 5 business days from exchange, ending 5pm on the fifth business day (NSW Fair Trading) | 0.25% of the price |
| VIC | Notice before 3 clear business days after you sign (Sale of Land Act s 31) | The greater of $100 or 0.2% of the price |
| QLD | 5 business days, starting when you receive the contract signed by both parties (Property Occupations Act s 166) | 0.25% of the price |
| WA | None. Consumer Protection WA says there is “no mandatory ‘cooling off’ period” | n/a |
| SA | To the end of the second clear business day after the contract, or after you receive the Form 1 if later (s 5) | The seller keeps at most a deposit of up to $100 |
| TAS | None required by law. You only have one if the contract includes it | Depends on the option chosen |
| ACT | Until 5pm on the 5th working day (Civil Law (Sale of Residential Property) Act s 12) | 0.25% of the price |
| NT | 4 business days for sales not at auction (nt.gov.au and the approved contract form) | Without penalty, according to nt.gov.au |
No state gives cooling-off at auction, and some also exclude sales made just before or after one. You can lose it by waiver too: a s 66W certificate in NSW, a written waiver in Queensland, or a lawyer’s certificate in the ACT and SA. Our contract of sale guide has the full state detail.
Door-to-door and phone sales: 10 business days
An “unsolicited consumer agreement” is one made after a salesperson approached you, in person away from their business premises or by phone, when you did not invite them, and the total price is more than $100 or cannot be worked out (ACL s 69). Asking only for a quote is not an invitation to negotiate (s 69(2)). A public place counts as away from the premises.
- How long: 10 business days, starting the day after you signed or received the agreement (s 82(3)). The front page of the agreement must say so.
- Longer if the rules were broken: 3 months if the salesperson called at banned times, did not identify themselves or did not leave when asked; 6 months if the paperwork or termination information rules were broken (s 82(3)(c)-(d)).
- How to cancel: tell the supplier, orally or in writing, in any form (s 82).
- No payment or services during the period: the supplier must not supply services, or take any payment, in the 10 business days (s 86). The ACCC says goods totalling $500 or less may be supplied, and electricity, gas and emergency repairs are exceptions.
- Effect: the agreement is treated as rescinded, related contracts are void, and the supplier must refund what you paid (ss 83-84).
- No signing it away: a term limiting these rights is void, and you cannot waive them (ss 89-90).
These rules do not cover agreements for goods or services of a kind not ordinarily bought for personal, domestic or household use (Competition and Consumer Regulations reg 81).
Cooling-off when buying a car from a dealer
The ACCC says car cooling-off periods “vary and are not available in every state and territory”. They apply to dealer sales, not private sales or auctions.
| State | Cooling-off | Cost to cancel |
|---|---|---|
| NSW | Only if the dealer provides or arranges the finance: until 5pm the next business day | The lesser of $250 or 2% of the price |
| VIC | 3 clear days after signing, new or used (Motor Car Traders Act s 43). Ends when you accept delivery | The greater of $100 or 1% (used car), or $400 or 2% (new car sold on the dealer’s premises) |
| QLD | Used cars only: generally until the dealer’s close of business on its next business day | The $100 non-refundable deposit |
| WA | None. The dealer’s damages if you back out are capped at 5% of the price | n/a |
| SA | Second-hand cars: to the end of the second clear business day after the contract | The lesser of 2% or $100 |
| TAS | None | n/a |
| ACT | 3 clear business days after signing, new or used. Lost if you sign the “loss of right to terminate” form at delivery | The greater of $100 or 1% of the price |
| NT | None | n/a |
Taking delivery ends the right in Victoria, Queensland and South Australia. See the car dealer contract guide.
Gym and fitness memberships
Three jurisdictions have a fitness code made under law with a cooling-off period:
| Where | Cooling-off | What the gym can keep |
|---|---|---|
| WA | 7 days after you enter the agreement (or after a new centre opens) (Fitness Industry Code cl 3) | A fee reflecting administration costs, plus unpaid fees for services already supplied (cl 22) |
| QLD | 48 hours (Fitness Industry Code s 14) | A disclosed unpaid fee and an administration fee of no more than the lesser of $75 or 10% of the membership fee |
| ACT | 7 days from purchase, for memberships of 3 months or more (Fitness Industry Code cl 11) | The reasonable cost of services used and a reasonable administration charge |
We did not find a legislated gym code in NSW, Victoria, SA, Tasmania or the NT. There, any cooling-off is whatever the contract offers.
Loans and consumer credit
The National Credit Code, which covers most personal loans, car loans and credit cards, has no cooling-off period. The main ways out are:
- Pay it out at any time (NCC s 82), with interest and fees to that date and any early termination charge the contract provides for.
- Guarantors can withdraw in writing at any time before the money is first advanced (s 58).
- Tied finance can fall with the sale. If the seller arranged the loan and the sale is rescinded, you may end the loan (s 135).
- Dealer finance in NSW brings the car cooling-off described above.
- Add-on insurance generally cannot be sold until a 4-day pause has passed (ASIC Act s 12DP), and many insurance products have a 14-day cooling-off (Corporations Act s 1019B).
Our car finance guide covers these in detail.
Other contracts with a cooling-off period
- Franchises: a franchisee may end a new franchise agreement within 14 days after entering it, with payments refunded within 14 days less any reasonable expenses the agreement sets out (Franchising Code ss 50-51). It does not apply to renewals or extensions.
- Retirement villages: 7 business days in NSW, Victoria and the ACT, 14 days in Queensland, 7 working days in WA, 10 business days in SA, 5 business days in Tasmania and at least 10 working days in the NT. Moving in ends it in several states.
- Home building contracts: most states give about 5 business days, with conditions; WA, the ACT and the NT have none. See the building contract guide.
How to use a cooling-off period
- Find the deadline now. Some periods end at a set time, such as 5pm.
- Give notice the way the law and the contract say, in writing where possible, and keep proof of when you sent it.
- Do not take delivery, move in or sign a waiver until you are sure. Each can end the right.
What our review checks
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- has a “getting out” section: any cooling-off period in the contract, how to end it, and what to do if you have already signed
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- sets out the money: deposits, cancellation fees, break costs and other trigger points
- flags terms that may be one-sided, strict or costly
- gives you questions to ask and an email you can send
It is not legal advice, and it does not tell you whether to sign or cancel. Claim Done is not a law firm.
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Questions people ask
Is there a cooling-off period on all contracts in Australia?
No. There is no general right to change your mind. A cooling-off period exists only where a law or code gives one, such as home purchases in most states, door-to-door and phone sales, some car sales and some gym memberships, or where the contract itself offers one.
How long is the cooling-off period for door-to-door sales?
10 business days, starting the day after you signed or received the agreement (ACL s 82). It extends to 3 months or 6 months if the salesperson broke certain rules, and the supplier must not take payment or supply services during the 10 days.
Is there a cooling-off period when buying a house?
In most states. It is 5 business days in NSW, Queensland and the ACT, 3 clear business days in Victoria, 2 clear business days in South Australia and 4 business days in the NT. WA and Tasmania have none, and auctions have none anywhere.
Is there a cooling-off period when buying a car?
Only in some states. Victoria, the ACT and South Australia (used cars) give 2 or 3 clear days, Queensland gives used-car buyers until the dealer’s next business day closes, and NSW gives one only with dealer-arranged finance. WA, Tasmania and the NT have none.
Does a car loan have a cooling-off period?
No. The National Credit Code does not provide one. You can pay the loan out at any time (s 82), but you pay interest and fees to that date and any early termination charge the contract provides for.
Is there a cooling-off period for gym memberships?
In WA (7 days), Queensland (48 hours) and the ACT (7 days for memberships of 3 months or more), under fitness codes made under law. Elsewhere it depends on your membership contract.
Do I get a cooling-off period for online purchases?
No. The ACCC says there is no automatic cooling-off when you buy from a store or website, and a business does not have to refund a change of mind. Your consumer guarantee rights still apply if the product is faulty.
Can a business contract have a cooling-off period?
Only if the contract gives one or a specific law applies. A new franchise agreement has a 14-day cooling-off under the Franchising Code. The door-to-door rules generally do not cover goods or services of a kind not ordinarily bought for personal or household use.
Can I waive my cooling-off period?
For some contracts, yes. Property buyers can waive in several states, and in the ACT a car buyer can sign a loss of right form at delivery. For door-to-door and phone sales you cannot waive it, and a term that tries to is void.
Is the contract review legal advice?
No. It is a plain-English report that explains what your contract says, including any cooling-off and exit terms. It is not legal advice. Claim Done is not a law firm.
Related guides
- Can I get out of a contract I signed?
- Contract of sale review before you sign
- Car dealer contract review
- Gym still charging after you cancelled?
Claim Done is not a law firm and does not give legal advice; this page is general information about Australian law as at 9 November 2026. Whether a cooling-off right applies can depend on your facts.
Sources (checked 9 November 2026)
- Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), Compilation No. 167 (ss 69, 82-90)
- Competition and Consumer Regulations 2010 (Cth) (reg 81)
- National Consumer Credit Protection Act 2009 (Cth), Schedule 1 (National Credit Code) (ss 58, 82, 135)
- ASIC Act 2001 (Cth) (s 12DP); Corporations Act 2001 (Cth) (s 1019B)
- Competition and Consumer (Industry Codes – Franchising) Regulations 2024 (ss 50-51)
- ACCC: telemarketing and door-to-door sales; contracts; new and second-hand cars
- Property: NSW Government: contracts and deposits; Sale of Land Act 1962 (Vic); Property Occupations Act 2014 (Qld); Consumer Protection WA: buying by private sale; Land and Business (Sale and Conveyancing) Act 1994 (SA); Consumer Affairs Tasmania; Civil Law (Sale of Residential Property) Act 2003 (ACT); NT Government: contract of sale
- Cars: NSW Government: vehicle finance and contracts; Motor Car Traders Act 1986 (Vic); Motor Dealers and Chattel Auctioneers Act 2014 (Qld); Consumer Protection WA: cancelling a contract to buy a car; Second-hand Vehicle Dealers Act 1995 (SA); Sale of Motor Vehicles Act 1977 (ACT)
- Gyms: Fair Trading (Fitness Industry Code of Practice) Regulations 2020 (WA); Fair Trading (Code of Practice – Fitness Industry) Regulation 2003 (Qld); Fair Trading (Australian Consumer Law) Fitness Industry Code of Practice 2026 (ACT)
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