Buying a home is exciting, but it’s also a minefield. Everyone talks about the pre-settlement inspection (and you should: here’s our Pre-Settlement Inspection Checklist), but what about the stage before you’re locked in?
If you buy at auction, sign a contract with a 66W certificate in NSW (or equivalent waiver in VIC/QLD), or simply don’t do your homework during the cooling-off period, you’re basically committing to the property “as is.” That means every broken appliance, every unapproved deck, every pool fence that doesn’t comply, it’s now your problem.
The truth? Once contracts are exchanged without a safety net, you lose leverage. And sellers know it. That’s why being thorough before you sign (or during cooling-off) is as important as your pre-settlement inspection later on.
This guide is your front-end twin to our pre-settlement piece. It’s the playbook for buyers who don’t want to be left saying, “If only I’d checked that earlier.”
Thinking about buying your first place? Start smart: see how Titlespace makes conveyancing faster and clearer for buyers.
Why timing changes everything
Here’s how the law works:
- Auctions: No cooling-off. When the hammer falls, you’re in.
- Waiving cooling-off: Same deal. In NSW, a signed 66W from your solicitor kills your right to walk away. VIC and QLD have variations, but the effect is the same, no backing out.
- Private treaty with cooling-off: You get a short window (five business days in NSW, five in QLD, three in VIC). But once it expires, you’re locked in.
The problem? Many buyers assume the pre-settlement inspection will catch everything. Wrong. By then, you can only argue about changes after exchange. If the oven was already broken, the seller will point out that you bought it that way.
That’s why pre-contract due diligence is your real first line of defence.
Want a refresher on why conveyancing even matters here? Read our explainer on what conveyancing is and why it matters when buying a home.
What to look for at open homes (yes, really)
Open homes aren’t designed for buyer diligence. Agents hover, other buyers crowd you out, and you get about 15 minutes to fall in love. But this is your only chance to pick up red flags before you bid or sign.
Here’s what you should quietly check:
- Appliances – Does the oven turn on? Do the burners ignite? If there’s a dishwasher, open it. Don’t assume “working order” unless you’ve seen it.
- Water pressure – Quick tap test in the kitchen or bathroom. Slow drains = plumbing issues.
- Windows and doors – Open a few. Do they close properly? Any cracks around the frames?
- Fresh paint patches – Sometimes it’s just a tidy-up. Sometimes it’s covering leaks or mould.
- Garage doors and intercoms – Test remotes if possible. These are costly headaches later.
- Pool fencing and gates – If there’s a pool, make sure the gate self-closes. Pool compliance is strict, and you’ll be liable if it’s not right.
Pro tip: Bring your phone charger. Plug it into a random outlet. If it doesn’t work, that’s a warning sign. Snap quick photos too. It feels awkward, but memory fails fast when you’ve seen five properties in one Saturday.
During cooling-off: your second line of defence
If you’re lucky enough to buy by private treaty with a cooling-off period, don’t treat it like a holiday. This is your final due diligence window.
Here’s what to prioritise:
- Building and pest inspection – Non-negotiable. Structural issues, termites, leaks, if you don’t uncover them now, you own them later. NSW Fair Trading has a good explainer on building and pest inspections.
- Strata report (for apartments/townhouses) – Levies, special levies, disputes, legal proceedings. If the owners’ corporation is broke or suing someone, you inherit that problem.
- Council approvals – Was that deck, extension, or granny flat actually approved? Your conveyancer can check that..
- Inclusions vs reality – The contract lists inclusions. Cross-check them. Is the pool equipment in the shed? Are the blinds still there? If it’s not written in, it doesn’t count.
- Verbal promises in writing – If the agent said “yes, the fridge stays,” but it’s not in the contract, get your conveyancer to confirm it in writing.
And remember: if you pull out during cooling-off in NSW, you only lose 0.25% of the purchase price. That’s peanuts compared to being stuck with a structurally unsound house.
This is where good conveyancers act fast. At Titlespace, we review contracts during cooling-off, chase compliance certificates, and raise issues before your leverage disappears.
Waiving cooling-off or buying at auction
Why do sellers push for 66Ws (or equivalent waivers)? Because it gives them certainty, and strips you of protection.
If you’re in this situation, preparation is everything:
- Contract review in advance – Don’t bid at auction without having your conveyancer review the contract. We can insert conditions or clarify inclusions before you put your hand up.
- Inclusions nailed down – Want the outdoor heater, fridge, or pool equipment? It must be written in. No exceptions.
- Compliance certificates checked – Pools, smoke alarms, building approvals. If something isn’t compliant, you’ll inherit the liability.
- Special conditions if possible – Sometimes you can negotiate terms before signing, especially in private sales. Auctions are stricter, but you can still clarify.
At auction, there’s no safety net. When the gavel falls, you own the property in whatever condition it’s in. That’s why we tell clients: do your inspections before the bidding starts.
If you’re considering bidding in NSW, VIC, or QLD, don’t do it without professional backup. Engaging a conveyancer in Sydney (or Melbourne or Brisbane) can save you from costly mistakes.
The buyer’s pre-contract checklist
Here’s a practical checklist to work through before you commit:
Exterior and site
- Fences, gates, garage doors.
- Roofline: missing tiles, sagging gutters, pooling water.
- Pool/spa: pump runs, water clean, fence self-closes. Check the NSW Swimming Pool Register or your state equivalent.
- Garden condition roughly matches what was shown.
Structure and building fabric
- No new cracks or suspicious fresh plaster.
- Floors level, tiles intact, carpets free of odours.
- Windows/doors open and lock. Screens intact.
Services and safety
- Test power points with your phone charger.
- Turn on lights, fans, heaters.
- Flush toilets and run taps. Hot water works? Pressure steady?
- Smoke alarms installed and functional.
Kitchen and laundry
- Oven, stove, dishwasher, rangehood, test them all.
- Plumbing under sink not leaking.
- Laundry taps and waste spigot functional.
Bathrooms and wet areas
- Run showers for a couple of minutes. Check drainage.
- Toilets flush and stop filling.
- Exhaust fans working.
Bedrooms and living
- Built-ins secure.
- Curtains/blinds match what you saw.
- No new holes or damage.
Inclusions
- Cross-check against the contract front page.
- If anything’s missing, raise it before exchange.
It feels like overkill, but if you don’t check now, you’re stuck later.
Cooling-off vs pre-settlement: don’t confuse them
Think of it this way:
- Cooling-off (or pre-contract checks) = your chance to negotiate, demand repairs, or walk away.
- Pre-settlement inspection = only confirms the property hasn’t changed since exchange.
If the dishwasher was already broken when you signed, pre-settlement won’t save you. The seller can just say, “You bought it that way.”
That’s why we built a separate guide: read our Pre-Settlement Inspection Checklist to understand what happens later. But don’t rely on that stage to cover what you should’ve done earlier.
Common mistakes buyers make
We’ve seen it all. Here are the most painful mistakes:
- Assuming inclusions – If it’s not in the contract, it doesn’t count. That fancy fridge? Gone.
- Believing verbal promises – Agents say things. Sellers nod. Unless your conveyancer confirms it in writing, it’s worthless.
- Not reading strata minutes – You could inherit a $30,000 special levy. Strata reports are dull but critical.
- Skipping building/pest to save money – You save $600, then spend $80,000 fixing termite damage.
- Waiving cooling-off casually – Don’t. Ever. Unless your conveyancer has reviewed everything.
Want to understand why timing is so critical? See our guide on how to avoid gazumping in NSW, VIC & QLD.
How conveyancers protect you before you sign
A good conveyancer isn’t just a paper-pusher. Here’s what we do at Titlespace:
- Contract reviews – We spot traps, missing inclusions, and unfair conditions.
- Requests before exchange – We demand compliance certificates, proof of approvals, and written confirmations.
- Fast turnaround – Auctions move quickly. That’s why our contract reviews are digital-first and lightning-fast.
- Clear advice – No jargon. We explain risks so you can decide whether to bid or sign.
And unlike most firms, we’re across NSW, VIC and QLD. Whether you need a conveyancer in Melbourne or want to understand how conveyancing in Sydney compares to VIC and QLD, we’ve got you covered.
Buy with confidence, not regrets
- At open homes, check appliances, water, power, and inclusions.
- During cooling-off, order inspections and confirm everything in writing.
- If waiving cooling-off or buying at auction, get the contract reviewed beforehand.
- Don’t rely on pre-settlement to fix what you didn’t catch earlier.
- Engage a conveyancer who moves fast and fights for you.
Buying property shouldn’t feel like Russian roulette. With Titlespace, you get a clear, digital-first process that protects you before you sign, during cooling-off, and right through to settlement.
Book a Property Session with our team today, and buy with confidence, not regrets.
The content of this blog post is intended as general information and should be considered broad guidance only. It does not constitute legal, financial, or tax advice and should not be relied upon as such. Every property transaction is different, and we recommend seeking personalised advice from a qualified professional before making any investment or legal decisions.
FAQs that we get. Alot.
What is included in a buyer’s pre-contract checklist?
A proper checklist covers appliances, plumbing, electrical, inclusions in the contract, structural signs of damage, and compliance certificates for pools or renovations.
Why do I need a checklist before signing a contract?
Because once you sign without cooling-off, or buy at auction, you’re locked in “as is.” The checklist helps you spot defects or missing inclusions early, when you still have leverage.
What is the difference between a cooling-off inspection and a pre-settlement inspection?
Cooling-off inspections happen before you’re locked in and let you renegotiate or walk away. Pre-settlement inspections only confirm the property hasn’t changed since contracts were exchanged.
What should I look for at an open home?
Check that appliances turn on, taps have good water pressure, toilets flush properly, and lights and power points work. Look for fresh paint covering damage, and check pool fences self-close.
Can I use the cooling-off period to organise inspections?
Yes. This is the ideal time to order building and pest inspections, strata reports for apartments, and to confirm council approvals for renovations or additions.
What happens if I don’t use a checklist before waiving cooling-off?
You risk being stuck with broken appliances, unapproved structures, or compliance issues. Without cooling-off, you have no right to back out or renegotiate later.
Do I need a conveyancer to help with the checklist?
Yes. A conveyancer can review the contract, confirm inclusions, request compliance documents, and explain risks before you commit. A conveyancer in Sydney or your local area can make sure nothing is missed.







