How the contract is signed
In NSW, the government's buyer guide says two copies of the contract are prepared and each side signs one before they are exchanged. It adds that signing can be done by hand or post and is usually arranged by your solicitor, conveyancer or the agent. Until contracts are exchanged the agreement is usually not binding on either side.
Whether an electronic signature is accepted on a contract of sale is a legal question for your conveyancer. The Victorian Government's guidance on electronic signing and online witnessing covers statutory declarations, affidavits, powers of attorney and wills. It does not list contracts of sale.
If you are a foreign person, the ATO says approval or an exemption certificate has to be in place before you enter a contract. An exemption certificate can be applied for after signing only if the contract is still conditional. Citizens and holders of permanent visas do not need to apply. The FIRB guide explains who does.
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Cooling-off differs by state
A cooling-off period is a short window after signing in which a buyer can withdraw, usually at a cost. These are the rules as published by each state, and the pages may be dated, so confirm the current position.
| State | Cooling-off | Cost of withdrawing | Does not apply to |
|---|---|---|---|
| NSW | 5 business days after exchange, ending 5pm on the fifth business day. 10 business days off the plan. | 0.25% of the price | Auction purchases |
| Queensland | 5 business days from receiving the signed contract, ending 5pm on the fifth day | Up to 0.25% of the price, with the rest of the deposit refunded within 14 days | Auctions and some follow-up sales |
| Victoria | 3 clear business days for private sales, counted from the day you sign | Refund less $100 or 0.2% of the price, whichever is greater | Auctions, and purchases within 3 clear business days before or after an auction |
| Western Australia | No mandatory cooling-off period, according to the Commissioner for Consumer Protection | Not applicable | Not applicable |
Other states and territories have their own rules. Notices are due by a set hour on a set day, which is a different hour on your clock if you are in another time zone, so ask your conveyancer to give you the deadline in your own time. Western Australia's consumer regulator also says a buyer should name the pre-approving lender in the "Finance Clause Is Applicable" box on the offer, or risk being bound to accept any loan offered. The timing guide covers finance dates.
Identity checks from overseas
Lawyers and conveyancers must verify the identity of their clients before an electronic settlement. PEXA says this can follow the national Verification of Identity Standard, or be done by taking reasonable steps to prove identity. For Australian citizens and residents overseas verified under the standard, it must be at an Australian consular office. PEXA also says one category of identity document cannot be used for verification in a foreign country.
Booking matters. The Australian High Commission in Singapore says it witnesses land, property and mortgage documents and client authorisations, but only by appointment, and "Applicants without an appointment will not be seen". It asks you to bring unsigned documents, photo identification and a letter from your Australian legal representative listing what is needed. It says it cannot witness Victorian land transfer duty form 6A, and that Western Australian transfers must be witnessed by an Australian consular officer.
Your lender has separate rules for the loan documents. See the documents guide and the certification guide.
How settlement works without you
NSW says the settlement must be done electronically by a lawyer or licensed conveyancer who subscribes to an electronic lodgment network. You give them a written client authorisation, photo identification and, for a seller, evidence of ownership. They prepare the documents and the financial details in an online workspace and sign for you on settlement day. At the scheduled time, if documents and funds are ready, settlement occurs and the transfer is lodged with the land registry.
PEXA says nobody needs to attend a physical settlement. The money to be paid is in your practitioner's trust account or a PEXA source account beforehand, and PEXA pre-fills items such as stamp duty and lodgement fees for the practitioner to check.
NSW says settlement usually takes place around six weeks after exchange. It also suggests a final inspection on the morning of settlement. From overseas, that inspection needs someone local.
Be careful with bank details. Scamwatch describes scammers who impersonate a conveyancer and send new payee details for a home deposit. It advises phoning the business on a number you sourced yourself before paying. See sending money for a deposit.
Keep reading
- Power of attorney for buying Australian property from overseas
- How long an expat home loan takes, step by step
- Sending money to Australia for a property deposit
- Buying off the plan in Australia from overseas
- Translating and certifying overseas documents for an Australian home loan
- Australian credit score and credit file for expats and new arrivals
Frequently asked questions
Can I buy and settle without travelling to Australia?
Many overseas buyers do. The contract is arranged through your conveyancer, a client authorisation lets them sign settlement documents for you, and PEXA says nobody needs to attend settlement. The step you may not skip is identity verification, which for Australian citizens and residents under the national standard happens at an Australian consular office.
Do I get a cooling-off period if I buy at auction?
No in NSW, Queensland and Victoria, according to each state's published rules. Western Australia has no mandatory cooling-off period at all. Consumer Affairs Victoria says a buyer at auction cannot put conditions on the contract without the seller's agreement, so approvals such as FIRB need to be in place beforehand.
Can I sign the contract electronically?
That depends on the state and the document. NSW describes signing by hand or post, and Victoria's electronic signing guidance does not cover contracts of sale. Your conveyancer will know what the agent and the vendor's lawyer accept.
Who checks my identity when I am overseas?
Your lawyer or conveyancer is responsible for verifying it. PEXA says that under the national standard an Australian citizen or resident overseas is verified at an Australian consular office. Lenders then run their own identity and witnessing steps for the loan.
When does the cooling-off clock start?
It differs. Queensland counts from the buyer receiving a copy signed by both parties, Victoria from the day you sign, and NSW from exchange. Ask your conveyancer for the exact end time.
Sources
- Contracts and deposits when buying property in NSW, NSW Government
- Cooling-off period for residential property contracts, Queensland Government
- Buying property by private sale, Consumer Affairs Victoria
- Commissioner's blog: Don't be hasty when buying a home, Consumer Protection WA
- Verification of identity, PEXA
- Your quick guide to representing a purchaser in PEXA, PEXA
- Land, property and mortgage documents, Australian High Commission Singapore
- Electronic signing and online witnessing, Victorian Government
- Residential foreign investment: who needs to apply, Foreign Investment (Treasury)
- Residential property application for foreign investors, ATO
- Business email compromise scams, Scamwatch
Checked 7 October 2026.
Expat Finance is an independent guide. It is not a lender, mortgage broker or credit provider, it does not hold an Australian credit licence, and it does not give credit, legal, tax or migration advice. It is not affiliated with any bank, the ATO or the Foreign Investment Review Board. General information only, not legal, tax, migration or financial advice.