Modern Australian
Men's Weekly

.

Can you change your mind after you buy a house?

  • Written by Rosemary Gibson, Lecturer in Contract Law, The University of Queensland
Can you change your mind after you buy a house?

This article is part of The Conversation’s “Business Basics” series where we ask experts to discuss key concepts in business, economics and finance.

In the Bluey episode “The Sign”, the Heeler family enters a contract to sell their family home to a pair of English Sheepdogs, or as Bluey calls them, “the dogs with no eyes”.

But towards the end of the episode, the Sheepdogs spy another house that they prefer. Unlike Bluey’s house, the new place has a pool.

They telephone Bandit and tell him that they have changed their mind. Happily for Bluey’s family – and let’s face it, most of Australia – Bandit decides not to press ahead with the sale and the Heelers end up staying put in their family home.

But aside from the fact that the contracting parties are all cartoon dogs – how realistic is this scenario? Is it possible to end a contract to purchase or sell a house simply because you’ve changed your mind?

The reality is that once a contract of sale is signed, there are only limited circumstances in which buyers and sellers can bring the contract to an end.

What do you sign when buying or selling a house?

In Australia, each state and territory has its own standard form contract for the sale of land that buyers and sellers must sign.

The terms of these contracts mirror relevant state or territory laws, meaning they differ throughout Australia. It is important for parties to obtain advice from a property lawyer with experience in a particular jurisdiction’s contract.

Closeup of hands signing contract, keys, model house.
Contract forms for property sales differ between states and territories. Natee Meepian/Shutterstock

Can you change your mind after signing?

Once a contract has been signed, a buyer may only end it for a “change of mind” during the “cooling off period”. The cooling off period is a short period of time – usually between two and five business days – after the contract is signed.

During this time, the buyer can end the contract, “no questions asked”. But there are usually financial consequences for terminating during the cooling off period.

For example, in New South Wales, Queensland and the ACT, a buyer who ends the contract during the cooling off period must pay the seller 0.25% of the purchase price. For a house purchase of A$1 million, this termination penalty would be $2,500.

But not all states and territories guarantee a cooling off period for buyers. And in such a hot property market, an individual seller may be unlikely to agree to include such a term in a contract.

What if something goes wrong down the track?

When negotiating the contract terms, the parties may agree that the sale is subject to certain conditions. Typically, these conditions are in the purchaser’s favour. If one of the conditions is not satisfied in time, then the contract can be brought to an end.

'Sold' sign on grass in front of a house
Contracts can include clauses on financing and satisfactory inspection results. Hurst Photo/Shutterstock

It is up to the parties to negotiate which conditions (if any) are included in the contract, and the time by which the conditions must be satisfied. The most common conditions of sale are:

  • the buyer obtains finance by a certain date (a finance clause)
  • the buyer obtains satisfactory building and pest inspection reports by a certain date (a building and pest clause).

The buyer may also want the sale to be subject to the buyer first selling an existing property.

Once all of the conditions of sale are satisfied, the contract is said to be “unconditional”. From this time, there are no express circumstances in which either party may bring the contract to an end.

When the Sheepdogs telephoned Bandit, the Heelers had already moved all their furniture out of the house. Clearly, the sale had already gone unconditional. There was no express basis on which the Sheepdogs could have terminated the contract.

Could the Heelers have sued for breach of contact?

A party who ends a contract without justification is liable to pay compensation to the other party.

A house purchaser who wrongly terminates a contract would almost certainly lose their deposit. They may also be liable for additional losses the seller suffers as a result of the breach, including any deficiency in price on a resale of the property.

But a buyer and seller may bring a contract to an end by “mutual agreement”, which seems to be what happened in Bluey. The Sheepdogs sought to end the contract and – to the relief of all Australians – the Heelers agreed.

Renovated blue and white Queenslander house in the northern suburb of Brisbane
In some instances, it is possible to bring a contract to an end by mutual agreement. Naylya Kurmykova/Shutterstock

This is, however, unlikely to occur “in real life”, especially in today’s highly competitive property market.

At the very least, the seller would be entitled to retain the purchaser’s deposit. There would also be the issue of who bears the costs incurred in advertising and agency fees.

It seems Bandit followed his heart rather than the strict terms of the contract — and Australia is the better for it.

Authors: Rosemary Gibson, Lecturer in Contract Law, The University of Queensland

Read more https://theconversation.com/can-you-change-your-mind-after-you-buy-a-house-234659


Winter Hairstyling Tips to Prevent Dryness

Winter can be particularly harsh on your hair. Cold air outside, dry indoor heating, and frequent temperature changes can strip moisture from the ha...

Short Term Loans in Australia: Practical Insights for Borrowers and Finance Professionals

Short term loans play a crucial role in Australia’s personal finance landscape. They are designed to cover short-term expenses, unexpected bills, ...

Best EPD Consultants in Australia

Environmental Product Declarations (EPDs) play an increasingly important role in the Australian construction, manufacturing, and infrastructure sect...

I/O Controller And Its Role In Modern Industrial Automation

Industrial automation relies on a range of advanced technologies to ensure precision, speed, and reliability in day-to-day operations. Among these t...

Hydraulic Systems And Their Importance In Modern Industry

A hydraulic system plays a vital role in powering machinery, controlling movement, and delivering high-force performance across countless industrial...

Why Australian Businesses Are Having a Second Think About Digital Growth

Running a business these days is a whole lot different to how it was even a few short years ago. Customers are better informed, there's more competi...

Restaurants Risk Compliance Issues Amid Commercial Plumber Shortage

As demand for housing, roads and facilities increases, so does the demand for trade workers. According to Infrastructure Australia, the construction i...

The Importance Of A Professional Medical Fitout Melbourne For Modern Healthcare Facilities

Healthcare environments must operate with precision, efficiency, and a strong focus on patient comfort. A well-planned medical fitout Melbourne hel...

Top Safety and Comfort Features to Consider in Family Off Road Caravans

Exploring Australia’s coastline, bush tracks or outback locations is far more enjoyable when travelling in a caravan designed for both comfort and...

“Logistical Nightmare” – Rural and Remote Communities Supply Chain Nightmares

Australia’s road logistics need major reform to counteract the supply chain issues that are hitting rural and regional communities hard. With 80% of...

The Importance Of Quality Bait Boards For Boats To Enhance Fishing Efficiency And Comfort

Fishing enthusiasts understand that having the right equipment on board makes every trip smoother and more enjoyable. One essential accessory for an...

The Essential Safety Gear Every Tradesman Needs

Across industries like construction, electrical work, plumbing, carpentry, and welding, workers face hazards every single day. For tradesmen, having...

Best POS System Features That Boost Customer Experience

Source: Unsplash Starting and scaling a retail business is unlikely possible without an effective Point of Sale (POS) system. It is the tech heartbe...

Understanding SMSF Setup Online and Why More Australians Are Choosing Digital Fund Establishment

liManaging your own superannuation gives you greater control over investments, retirement planning, and long-term financial decision-making. As inte...

Double Carport: Complete Guide to Design, Cost, and Installation

A double carport provides practical, cost-effective protection for two vehicles whilst adding value and functionality to your property. Whether you're...

How External Blinds and Awnings Improve Comfort, Privacy, and Energy Efficiency

Outdoor comfort and protection are essential for homes and commercial properties, especially in regions with strong sunlight, high UV exposure, and ...

Worksite Comfort Upgrades That Boost Team Productivity

Jobsite productivity doesn’t depend solely on tools, training, or scheduling. It also hinges on something often overlooked: worker comfort. When e...

NDIS Occupational Therapy: Your Complete Guide to Accessing Support and Services

Occupational therapy plays a crucial role in helping NDIS participants achieve their goals and improve their daily living skills. For people with disa...