Before You Sign: Property Inspection Checklist for Auctions & Cooling-Off

Updated 1 September 2026: This guide has been expanded to cover South Australia and the ACT alongside NSW, Victoria and Queensland, with updated guidance on cooling-off periods, auction purchases, pre-contract inspections and what buyers should check before becoming unconditionally bound.

Buying a home is exciting, but there is a lot to investigate before you become legally committed.

Everyone talks about the pre-settlement inspection, and you should. Here is our Pre-Settlement Inspection Checklist. But there is another inspection stage that can matter even more: what you check before you are locked into the purchase.

If you buy at auction, waive or lose your cooling-off rights, or allow a cooling-off period to expire without completing your due diligence, your ability to simply walk away from the transaction can disappear.

That does not mean every property is literally sold “as is”, regardless of the contract or the law. Your rights depend on the contract, the seller’s disclosure obligations, representations made, statutory protections and the jurisdiction where you are buying.

But there is an important practical principle: do not rely on the pre-settlement inspection to discover problems you could have investigated before becoming unconditionally bound.

Once the contract becomes unconditional, your negotiating position can be very different.

This guide is the front-end companion to our pre-settlement checklist. It is designed to help you investigate the property, the contract and the paperwork before you bid, sign or let your cooling-off period expire.

Thinking about buying your first place? Start smart by understanding what needs to be checked before you commit.

Why Timing Changes Everything

The point at which you become committed, and the cooling-off rights available to you, vary between states and territories.

These are general residential property rules and exceptions apply. Off-the-plan transactions, particular buyers and particular sale methods may be treated differently.

The practical lesson is simple: the less cooling-off protection you have, the more work needs to happen before you sign or bid.

Many buyers assume the pre-settlement inspection will give them another opportunity to uncover problems. That is not its primary purpose.

A pre-settlement inspection generally allows you to check matters such as whether the property remains in the condition required by the contract, whether agreed inclusions remain, whether agreed work has been completed and whether vacant possession will be provided where required.

If an appliance, structural defect or other problem already existed when you entered the contract, your rights may be much more limited unless the contract, disclosure documents, representations or applicable law give you another remedy.

That is why pre-contract due diligence is your first line of defence.

Want a refresher on the legal process? Read our guide to what conveyancing is and why it matters when buying a home.

What to Look for at Open Homes (Yes, Really)

Open homes are designed to show the property at its best. They are not designed around buyer due diligence.

There may be other buyers around, an agent answering questions and limited time to inspect. But an open home is still one of your best opportunities to notice issues that deserve closer investigation before you bid or sign.

Look beyond the styling.

• Appliances: If appliances are included with the property, ask whether you can check their operation. Do not assume that an oven, dishwasher, air conditioner or other appliance works simply because it is installed.
• Water and drainage: With permission, check taps, showers and toilets. Look for weak pressure, slow drainage, staining or evidence of leaks.
• Windows and doors: Open and close some of them if permitted. Look for sticking, damaged locks, cracked frames or signs of movement.
• Moisture and mould: Look around ceilings, bathrooms, laundries, windows and external walls for staining, bubbling paint, mould or unusual odours.
• Cracks and patching: Cracking or recently repaired areas are not automatically evidence of a structural problem, but they may justify further investigation by a qualified building inspector.
• Garage doors, intercoms and access systems: Ask whether they are operating properly and whether remotes, keys and access devices are included.
• Pools and spas: Look for obvious safety issues with barriers and gates, but do not treat your own visual inspection as proof of legal compliance. Pool safety requirements differ between jurisdictions and professional advice or compliance documentation may be required.

If you want to test power points or appliances, ask the agent first. Your phone charger can be a useful basic check, but it is not a substitute for an electrical inspection.

Take photos or notes where permitted. After several property inspections in one weekend, details can quickly blur together.

During Cooling-Off: Your Second Line of Defence

If your purchase has a cooling-off period, do not treat those few days as spare time.

They can be your most important due diligence window.

Prioritise the things that could materially affect whether you still want the property or the terms on which you are prepared to buy it.

• Building and pest inspections: Strongly consider appropriate professional inspections, particularly for houses and properties where condition or pest activity could be an issue. They may identify structural problems, moisture, termites, defects or areas requiring specialist investigation. NSW buyers can also read the NSW Fair Trading guidance on property inspections.
• Strata, owners corporation or community records: For apartments and other shared-title properties, investigate levies, proposed major works, special levies, building defects, insurance, disputes and significant legal proceedings. The terminology and records differ between jurisdictions.
• Planning and building approvals: If an extension, deck, granny flat, pool or other structure concerns you, ask your legal representative what the contract and disclosure documents show and whether additional council or building enquiries should be made.
• Inclusions and exclusions: Cross-check what you expect to remain with what the contract actually says. Fixtures will generally pass with the property unless excluded, while chattels you expect to remain should be clearly identified in the contract.
• Promises made during negotiations: If the seller or agent has made a statement that matters to your decision, tell your legal representative. Important promises should not be left as informal conversations where they can be misunderstood later.
• Finance: Make sure your lender is progressing the application and understand whether your contract is subject to finance. A cooling-off period and a finance condition are not the same thing.

Do not wait until the last afternoon of cooling-off to start making calls.

If an inspection identifies a serious problem, your options will depend on the contract, the jurisdiction and whether you still have cooling-off, finance, inspection or other contractual rights available.

In NSW, for example, exercising the ordinary cooling-off right generally costs 0.25% of the purchase price. That can still be materially less than proceeding with a property you no longer want, but whether to rescind is a decision you should make after obtaining advice about your specific transaction.

This is where fast legal advice matters. At Titlespace, we review contracts, identify legal issues and help buyers understand what needs to be dealt with before their contractual rights or deadlines expire.

Waiving Cooling-Off or Buying at Auction

Sellers often prefer transactions with greater certainty. Buyers, understandably, want enough time to investigate what they are purchasing.

If you are being asked to waive cooling-off rights, or you intend to bid at auction where ordinary cooling-off rights generally do not apply, preparation becomes critical.

• Have the contract reviewed before you commit: Do not wait until after the auction. Your legal representative can identify unusual terms, disclosure issues and other risks before you bid.
• Clarify inclusions: If a fridge, outdoor heater, television, pool equipment or another chattel matters to you, make sure the contract clearly records whether it is included.
• Review disclosure and compliance documents: The documents available differ by jurisdiction and property type. Review what has been supplied and ask what further enquiries may be appropriate.
• Complete important inspections: If you want a building, pest, strata or other specialist inspection, the safest time to obtain it for an auction purchase is generally before bidding.
• Check finance: Auction contracts are ordinarily unconditional. Do not assume you can withdraw later because your finance did not proceed.
• Negotiate before auction if necessary: Depending on the transaction, you may be able to request contract amendments before auction day. The seller does not have to agree, so deal with those requests early.

There is an important state distinction here.

In NSW, the successful bidder is generally sold the property at the fall of the hammer and must then sign the contract and pay the required deposit. In Victoria, the formal binding mechanics involve the buyer and seller signing the contract and payment of the deposit. Queensland, South Australia and the ACT also have their own auction processes.

The practical result for buyers is similar: do not go into an auction expecting an ordinary cooling-off period afterwards.

If you are considering bidding in NSW, Victoria, Queensland, South Australia or the ACT, have the contract and relevant property information reviewed before auction day by a professional who is authorised and experienced in that jurisdiction.

The Buyer’s Pre-Contract Checklist

Here is a practical checklist to work through before you commit.

Contract and Legal Checks

• Have the contract reviewed before signing or bidding.
• Check the title and any easements, covenants or restrictions affecting the property.
• Review the seller’s disclosure documents required in the relevant jurisdiction.
• Identify any strata, owners corporation, community title or body corporate issues.
• Ask about significant renovations, extensions, pools or other structures and whether further approval enquiries are needed.
• Confirm the settlement date works for you and your lender.
• Understand any finance, building inspection or other special conditions.
• Make sure important chattels and negotiated inclusions are recorded in the contract.
• Understand exactly when your cooling-off period begins and ends, if one applies.

Exterior and Site

• Check fences, gates, retaining walls and garage doors for obvious damage.
• Look at the roofline, gutters and downpipes for visible deterioration or signs of water problems.
• Look for significant cracking, drainage issues or obvious movement around external areas.
• If there is a pool or spa, look at the barrier and gate and ask about the applicable compliance documentation. NSW buyers can also check the NSW Swimming Pool Register where relevant.

Structure and Building Fabric

• Look for significant cracks, movement or suspicious patching.
• Check for signs of water staining, mould or moisture.
• Look at floors for unusual movement or obvious damage.
• Check that windows and doors open, close and lock where permitted.

Services and Safety

• With permission, test a sample of lights or power points.
• Check taps, toilets and showers for obvious water pressure or drainage problems.
• Ask about hot water, air conditioning and heating systems.
• Look for smoke alarms and other obvious safety features, remembering that legal requirements vary and a visual check does not establish compliance.

Kitchen and Laundry

• Ask whether included ovens, cooktops, dishwashers and rangehoods are working.
• Check below sinks for obvious leaks or water damage.
• Look for moisture, mould or damaged cabinetry.
• Check laundry taps and drainage where permitted.

Bathrooms and Wet Areas

• Look for mould, damaged grout, cracked tiles and evidence of water penetration.
• With permission, check shower drainage and taps.
• Check toilets and exhaust fans where practical.
• Pay attention to unusual smells or recently painted wet-area surfaces that may justify further investigation.

Bedrooms and Living Areas

• Inspect built-in wardrobes and other fixtures.
• Check windows, doors, blinds and curtains that you expect to remain.
• Look for moisture, cracks or obvious damage.
• Ask what wall-mounted televisions, brackets, speakers or other items will remain if they matter to you.

Inclusions

• Cross-check the inclusions and exclusions listed in the contract.
• Do not assume freestanding appliances, furniture or other chattels are included simply because they were present during the inspection.
• If an item matters to you, raise it before you become unconditionally bound and have the contractual position clarified.

This may feel thorough. That is the point.

Once you become unconditionally committed, correcting something you failed to investigate earlier can become much harder.

Cooling-Off vs Pre-Settlement: Don’t Confuse Them

They serve different purposes.

If the dishwasher was already broken when you contracted, for example, the pre-settlement inspection does not automatically give you a right to demand a new one.

Your rights depend on whether it was an inclusion, what the contract says about its condition, any representations made and the law applying to the transaction.

That is why we created a separate Pre-Settlement Inspection Checklist for the later stage of the transaction.

Common Mistakes Buyers Make

Some of the most expensive property mistakes begin with assumptions.

• Assuming an item is included: Fixtures and chattels are treated differently. If a freestanding item matters to you, make sure its inclusion is clearly documented.
• Relying on verbal promises: If an agent or seller says something important about the property, tell your legal representative and consider whether it needs to be recorded in writing or in the contract.
• Ignoring strata or owners corporation records: Major works, defects, legal disputes and special levies can materially affect the cost and enjoyment of an apartment or townhouse.
• Skipping appropriate building or pest inspections: Saving money on due diligence can become very expensive if a serious defect is discovered after you are committed.
• Waiving cooling-off rights without understanding the consequences: Do not give up a statutory protection simply because the seller or agent asks you to. Understand the transaction first.
• Assuming finance will work itself out: Auction purchases and unconditional contracts can still bind you even if your lender later refuses or delays finance.
• Waiting for the pre-settlement inspection: The final inspection is important, but it is not a replacement for pre-contract investigation.

Want to understand why timing can matter so much in a competitive market? Read our guide on how to avoid gazumping.

How Conveyancers Protect You Before You Sign

A good conveyancer or property lawyer does much more than process paperwork after you have bought the property.

Some of the most valuable work happens before you commit.

• Contract review: We review the contract, special conditions, disclosure documents and title information and explain the legal issues that matter to you.
• Identifying risks: Easements, covenants, unusual contract clauses, settlement requirements, disclosure issues and other matters can affect how you use or purchase the property.
• Clarifying inclusions: If something matters to the deal, we can help ensure the contractual position is clear before you sign.
• Further enquiries: Where the contract or information provided raises questions, we can advise whether additional documents, searches, certificates or specialist investigations should be requested.
• Contract negotiations: Where appropriate, amendments or additional conditions can be requested before exchange or signing. Whether the seller agrees is ultimately a matter for negotiation.
• Cooling-off advice: We explain when the relevant period applies, when it ends and the consequences of waiving or exercising your rights.
• Fast turnaround: Property negotiations and auctions can move quickly, so contract reviews need to move quickly too.
• Plain-English advice: You should understand what you are signing and the risks you are accepting before you commit.

Titlespace provides conveyancing services across NSW, Victoria, Queensland, South Australia and the ACT. The legal rules are not identical across those jurisdictions, which is why advice should be based on where the property is located and the actual contract you are considering.

Buy with Confidence, Not Regrets

1. Inspect before you fall in love. Look beyond the styling and identify issues that deserve professional investigation.
2. Have the contract reviewed early. Do not wait until the auction is about to begin or your cooling-off period is almost over.
3. Use cooling-off properly. If you have it, complete your legal, financial and physical due diligence immediately.
4. Prepare before auction. Contract review, inspections and finance should happen before you bid.
5. Put important inclusions and agreements in writing. Do not leave something important to assumption.
6. Do not rely on pre-settlement to fix earlier mistakes. It serves a different purpose.
7. Use the right professionals. Your legal representative manages the legal risk. Building inspectors, pest inspectors, engineers, accountants and other specialists deal with issues within their own expertise.

Buying property should not be a guessing game.

With the right checks before you commit, you can make your decision knowing much more about the property, the contract and the risks you are accepting.

Titlespace combines property-law expertise with a digital-first conveyancing process across NSW, Victoria, Queensland, South Australia and the ACT, helping buyers understand the transaction before they sign and guiding them through to settlement.

Book a Property Session with our team and get clear advice before you commit.

The content of this blog post is intended as general information and should be considered broad guidance only. It does not constitute legal, financial, building, engineering or tax advice and should not be relied upon as such. Property laws, cooling-off rights, contractual terms and disclosure requirements differ between jurisdictions and may change over time. Every property transaction is different, and we recommend seeking personalised advice from appropriately qualified professionals before making legal or investment decisions.