Can a Buyer Pull Out of a House Sale in WA?

Only if the contract gives them a way out. Western Australia has no mandatory cooling-off period for real estate, so once your buyer signs an unconditional offer and you accept it, they cannot walk away just because they changed their mind. Where buyers do get out, it is almost always through a condition written into the offer, such as finance, a building inspection or the sale of their own home.

That means the conditions on an offer matter as much as the price. Here is how a WA sale can fall over, what protects you, and what to look at before you sign.

There is no cooling-off period in WA

In most other states, a buyer gets a few days after signing to change their mind. WA is different. Consumer Protection is clear that there is no mandatory cooling-off period for real estate contracts made here. One only exists if both sides agree to write it into the contract, and in practice that is rare.

Your contract is made up of two documents: the Offer and Acceptance form, and the Joint Form of General Conditions for the Sale of Land. The Offer and Acceptance holds the price, the deposit, the settlement date and any special conditions. The General Conditions cover the rest, including the deposit, delays in settlement and what happens if someone defaults.

So the real question is not "can the buyer pull out?" It is "what did the buyer write into the offer?"

The conditions that let a buyer walk away

Consumer Protection lists the common ones. An offer can be subject to:

• Finance. The buyer needs a loan approved.
• A building, pest or plumbing inspection. The buyer wants a professional to check the home.
• The sale of the buyer's own property. They need to sell before they can buy.
• Repairs. You agree to fix something before settlement.

Every one of these is a door. If the condition is not met, the buyer may be able to end the contract and get their deposit back. None of them is a problem on its own. Most Perth buyers borrow, so a finance clause is normal. What you want to know is how wide each door is and how long it stays open.

Finance: the most common way out

If the buyer ticks "Finance Clause Is Applicable" and the lender does not approve the loan, the contract is not binding on them. That is the deal, and it is fair.

But the buyer has obligations too. Under the standard terms Consumer Protection describes, the buyer must use their best efforts to get finance, apply to at least one lender, give written evidence of the application if asked in writing, and tell you or your agent in writing straight away when the loan is approved or refused.

Two things worth knowing. First, if finance is not approved in time, the contract may be terminated, but it can also be extended if you both agree in writing. Second, the contract does not simply vanish on the finance date. Consumer Protection notes that notice is needed to bring it to an end. Your agent and settlement agent should be watching that date for you.

Finance is a live issue right now. The Reserve Bank lifted the cash rate to 4.85% on 3 November, its fifth rise this year, and every rise cuts what buyers can borrow. A buyer who was comfortable in September may be closer to the line today. A finance clause from a buyer with a pre-approval in hand is a very different thing from one from a buyer who has not spoken to a lender yet. Ask.

Subject to sale: the 48-hour clause

An offer that depends on the buyer selling their own home is the riskiest kind. Their sale has to go right before yours can.

The protection here is the 48-hour clause. Where the contract uses the standard REIWA conditions and is conditional on the sale of the buyer's property, you can keep marketing your home and accept another offer. You then notify the first buyer, and they have 48 hours to make their contract unconditional. If they do not, the contract ends. If they do, you cannot accept the new offer.

With more than 9,000 homes for sale in Perth at the start of November, according to REIWA, plenty of buyers have a home of their own to sell first. A subject-to-sale offer is not worth rejecting out of hand. It is worth making sure the 48-hour clause is in it, and asking where the buyer's own sale is up to.

What happens if a buyer just fails to settle

Once the conditions are met and the contract is unconditional, a buyer who simply does not settle is in default. The General Conditions set out a process for this, including formal notice and what you can do if the buyer still does not perform, which can include ending the contract and dealing with the deposit.

I am not going to quote you timeframes or outcomes here, because they depend on the exact contract and the facts, and getting it wrong is expensive. If a buyer goes quiet as settlement approaches, talk to your settlement agent or lawyer early, not on settlement day.

This is also where the deposit earns its keep. Consumer Protection says a deposit is generally not more than 10% of the price, and often much less. It is held in a trust account until settlement. A buyer with real money on the line thinks harder about walking away.

How to protect yourself before you accept

• Read the conditions before the price. A slightly lower unconditional offer can be worth more than a higher one full of conditions.
• Keep the dates tight. Every condition should have a deadline that is realistic, not open-ended.
• Ask about pre-approval. Not as a guarantee, but as a sign of how far along the buyer is.
• Get the inspection done early. If you are worried about what a buyer's inspector will find, consider your own building inspection before you list, so nothing comes as a surprise.
• Check the deposit. Know how much it is, when it is paid and whose trust account it goes into.
• Make sure the 48-hour clause is in any subject-to-sale offer.

If you are juggling your own purchase, read selling and buying at the same time in Perth, because a sale that falls over can take your next home with it.

Questions sellers ask

Is there a cooling-off period when you buy a house in WA?
No. There is no mandatory cooling-off period for real estate contracts in Western Australia. One only applies if both the buyer and seller agree to write it into the contract.

Can a buyer back out if their finance falls through?
Yes, if the offer is subject to finance and the lender does not approve the loan. The buyer must make a genuine effort to get finance and tell you in writing if the loan is approved or refused.

Can I keep marketing my home if the offer is subject to the buyer's sale?
Yes, if the contract uses the standard REIWA conditions with the 48-hour clause. You can accept another offer, and the first buyer then has 48 hours to make their contract unconditional or it ends.

How much deposit does a buyer pay in WA?
There is no fixed amount. Consumer Protection says it is generally not more than 10% of the price and often considerably less. It is held in a trust account until settlement.

The honest summary

In WA, a buyer cannot change their mind for free, but they can leave through any door the contract leaves open. So the conditions on an offer deserve as much attention as the price. Keep them few, keep the dates tight, make sure the 48-hour clause is there on a subject-to-sale offer, and do not wait until settlement day to raise a problem.

If you are weighing up an offer, or want to know what your home would fetch and how to get a clean contract on it, book a free appraisal, or grab the free seller's guide if you would rather read first.

This article is general information only and does not take your personal circumstances into account. It is not legal advice. Details are from Consumer Protection WA's guidance on offer and acceptance and on buying property (pages updated November 2024), REIWA's weekly market snapshot for the week ending 1 November 2026, and the Reserve Bank of Australia's statement of 3 November 2026. Contract terms vary, so speak to your settlement agent or lawyer before signing or acting on any contract.