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ARTICLE · 04 FEBRUARY 2026

No cooling off period right

Purchasers in NSW have no s66S cooling off period rights where a contract for sale of residential property is formed pursuant to a call option or a put option.

AustraliaReal Estate and Construction

NSW legal practitioners will be familiar with the effect of a 66W Certificate, which if signed by a legal practitioner at or before a contract for sale of NSW residential property is exchanged, means that a purchaser waives the cooling off period otherwise afforded that purchaser pursuant to s66S of the Conveyancing Act 1919 NSW ("the Act"). Waiver of that right in this way is afforded pursuant to s66T(a) of the Act.

Those same readers may be less familiar with s66T(d) of the Act, which provides that a purchaser of NSW residential property does not have the benefit of a s66S cooling off period right where a contract for sale is made pursuant to the exercise of an option.

Meaning of "option" - Conventional wisdom

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