Section 66W certificates in NSW: what buyers give up and what to check first

Last updated 4 October 2026

Key facts

Fact	Detail	Source
What it does	Waives the cooling-off period, or allows it to be shortened by agreement	Contracts and deposits when buying property in NSW
The law	Section 66W of the Conveyancing Act 1919 (NSW)	Conveyancing Act 1919 (NSW), section 66W: Certificates
Who gives it	The buyer's own lawyer or a licensed conveyancer acting for the buyer, never the vendor's solicitor or another solicitor in that solicitor's practice or firm	Conveyancing Act 1919 (NSW), section 66W: Certificates
Before it is given	The practitioner must explain the effect of the contract, the nature of the certificate and the effect of giving it to the vendor	Conveyancing Act 1919 (NSW), section 66W: Certificates
When it is given	To waive cooling-off: to the vendor (or the vendor's solicitor or agent) at or before the time the contract is made. A shorter period takes effect only once the certificate is given	Conveyancing Act 1919 (NSW), section 66T: No cooling off period in certain cases
What you give up	The right to rescind during the cooling-off period (5 business days, or 10 for off-the-plan contracts) by paying 0.25% of the price	Contracts and deposits when buying property in NSW

What is a section 66W certificate?

A section 66W certificate is a signed certificate that lets a buyer give up, or shorten, the cooling-off period on a NSW residential property contract. It is named after section 66W of the Conveyancing Act 1919 (NSW).

Without one, a buyer at a private sale normally has 5 business days after exchange to cool off, at a cost of 0.25% of the price. To waive cooling-off, the certificate must be given to the vendor, or the vendor's solicitor or agent, at or before the time the contract is made. If it supports a shorter period instead, that shorter period applies only once the certificate is given.

A 66W certificate only affects cooling-off. It does not change the price, the deposit, the completion date or any other term of the contract.

Sources: Contracts and deposits when buying property in NSW; Conveyancing Act 1919 (NSW), section 66W: Certificates; Conveyancing Act 1919 (NSW), section 66T: No cooling off period in certain cases; Conveyancing Act 1919 (NSW), section 66S: Cooling off period

Who can give a section 66W certificate?

The certificate must be given by your own lawyer or by a licensed conveyancer acting for you. You cannot sign one yourself, and the selling agent cannot provide one.

The certificate should always come from your own representative. Section 66W rules out a solicitor acting for the vendor, and other solicitors in that solicitor's practice or firm, so check with your own solicitor or conveyancer if anyone connected with the seller offers to sign it.

Sources: Contracts and deposits when buying property in NSW; Conveyancing Act 1919 (NSW), section 66W: Certificates

What must the solicitor or conveyancer explain first?

Before giving the certificate, the practitioner must explain to you the effect of the contract, the nature of the certificate and the effect of giving the certificate to the vendor. The certificate must state its purpose and that this explanation was given.

Allow time for a proper review before any deadline set by the agent. Expect the conversation to cover at least:

The main terms of the contract, including the price, the deposit and the completion date.
The special conditions, which can change the standard terms.
The documents attached to the contract, such as the title search, the section 10.7 planning certificate and, for a strata lot, the by-laws.
That you will have no cooling-off period (or a shorter one), so you cannot simply pay 0.25% of the price and walk away.
What can happen if you cannot complete, including the risk of losing your deposit.

Sources: Contracts and deposits when buying property in NSW; Conveyancing Act 1919 (NSW), section 66W: Certificates; Conveyancing (Sale of Land) Regulation 2022

What happens when you give a section 66W certificate?

If the certificate waives cooling-off, the contract binds you from the moment contracts are exchanged. You can no longer rescind by paying 0.25% of the price, as you could during a normal cooling-off period.

If the certificate supports a shorter cooling-off period agreed with the vendor, you only have that shorter time to pull out.

Other rights can still apply. For example, if the vendor did not attach the prescribed documents, a buyer may rescind by written notice within 14 days after the contract is made, unless the contract has been completed. These rights are narrow, so do not rely on them instead of proper checks.

Sources: Contracts and deposits when buying property in NSW; Conveyancing (Sale of Land) Regulation 2022

When are buyers asked for a 66W certificate?

Buyers are usually asked for a 66W certificate when the seller wants certainty that the sale will not fall over during cooling-off. Common situations include:

Competitive private sales, where several buyers are interested and the seller wants a firm exchange.
Offers made before an auction, because a contract made at auction has no cooling-off period and the seller may want the same certainty beforehand.
Buyers who offer to waive cooling-off themselves to make their offer more attractive.

Sources: Buying property at an auction; Contracts and deposits when buying property in NSW

Does this come up when buying in the Hills District?

Yes, it can. In suburbs where auctions are common, such as Castle Hill and Baulkham Hills, a pre-auction offer may come with a request for a 66W certificate.

You can say no, or offer a shorter cooling-off period instead, but the seller may then prefer another buyer. Decide only after your checks are done.

Sources: Buying property at an auction

What should you check before signing a 66W certificate?

Treat a 66W certificate as if you were buying at auction: finish your checks first. Use this checklist before you ask your solicitor or conveyancer to sign.

Finance approval: have formal loan approval, not just pre-approval, and confirm your lender is satisfied with the property.
Deposit funds: have the full deposit ready on exchange. A 10% deposit is usual, but a lower amount can be agreed with the vendor.
Building and pest inspections: these reports are not compulsory in NSW, but they are recommended. When you ask for the contract, the agent must tell you about any pre-purchase inspection reports it knows of, such as who prepared them and whether you can buy a copy.
Contract and special conditions: have the whole contract reviewed, including the special conditions, inclusions and completion date.
Prescribed documents: check that the title search, plan, sewer or drainage diagram (where available), section 10.7 planning certificate and any required pool certificate are attached.
Strata records: for a lot in a strata scheme (most units and many townhouses), review the by-laws and a strata report on the owners corporation's records and finances.
Transfer duty: work out the duty and any first home buyer concession, so you know the full cost before you commit.

Sources: Making an offer on a property; Pre-purchase inspection reports when buying a home; Pre-purchase inspection reports: requirements for property agents; Steps to selling a property; Buying a strata property

What are the risks of giving a 66W certificate?

The main risk is that you are locked in from exchange. If something goes wrong afterwards, you cannot pay 0.25% of the price and walk away.

Finance falls through: if you cannot complete, you risk losing your deposit and may be liable for the vendor's losses.
Defects found later: problems a building, pest or strata report would have revealed become your problem.
Contract terms you missed: special conditions still bind you, even if you did not understand them.
Deadline pressure: agents may set short deadlines for a decision. Do not let a deadline stop you from getting advice first.

Sources: Buying property at an auction; Contracts and deposits when buying property in NSW

Are there alternatives to waiving cooling-off completely?

Yes. Instead of waiving cooling-off completely, you can offer a shorter cooling-off period, although that also needs a 66W certificate before it takes effect.

You can also ask the seller for more time before exchange so you can finish your finance, inspections and strata checks. The seller does not have to agree, but if it does, you keep your full cooling-off rights after exchange.

Sources: Contracts and deposits when buying property in NSW; Conveyancing Act 1919 (NSW), section 66W: Certificates; Conveyancing Act 1919 (NSW), section 66S: Cooling off period

How a conveyancing solicitor can help

Baulkham Hills Conveyancing can review the contract and special conditions, explain what you give up by signing a section 66W certificate, and give the certificate if you decide to go ahead. Send us the contract or call (02) 9000 1408 before you commit.

Frequently asked questions

Does a section 66W certificate mean I can't pull out of the contract?

If the certificate waives cooling-off, you cannot rescind by paying 0.25% of the price, and the contract binds you from exchange. Narrow rights can remain, such as rescinding within 14 days after the contract is made if the vendor did not attach the prescribed documents, but you should not count on them.

Can a buyer sign their own 66W certificate?

No. The certificate must be given by the buyer's own lawyer or by a licensed conveyancer acting for the buyer, after explaining the effect of the contract, the nature of the certificate and the effect of giving it. Section 66W rules out the vendor's solicitor and others in that solicitor's practice or firm.

Do I need a 66W certificate to buy at auction in NSW?

No. There is no cooling-off period at auction, or for contracts exchanged on auction day after the property is passed in, so there is nothing to waive. Sellers usually ask for a 66W certificate when a buyer wants to exchange before auction day or at a private sale.

Can a 66W certificate shorten cooling-off rather than remove it?

Yes. The buyer and the vendor can agree to a shorter cooling-off period, but the shorter period only takes effect if the buyer's solicitor or licensed conveyancer gives the vendor a section 66W certificate. The period can also be extended by agreement, which needs no certificate.

When is a 66W certificate given to the seller?

To waive cooling-off, it must be given to the vendor, or the vendor's solicitor or agent, at or before the time the contract is made. In practice it is usually handed over with the buyer's signed contract at exchange, once the buyer's solicitor or conveyancer has explained its effect. A certificate supporting a shorter cooling-off period can be given later, but the shorter period only applies once it is given.

Why would a seller ask for a 66W certificate?

A 66W certificate gives the seller certainty that the buyer cannot use cooling-off to pull out. Sellers often ask for one when several buyers are interested, or when they accept an offer before auction, because a contract made at auction has no cooling-off period either.

Sources

Contracts and deposits when buying property in NSW – NSW Government (NSW Fair Trading)
Conveyancing Act 1919 (NSW), section 66W: Certificates – AustLII (NSW Consolidated Acts)
Conveyancing Act 1919 (NSW), section 66T: No cooling off period in certain cases – AustLII (NSW Consolidated Acts)
Conveyancing Act 1919 (NSW), section 66S: Cooling off period – AustLII (NSW Consolidated Acts)
Buying property at an auction – NSW Government (NSW Fair Trading)
Making an offer on a property – NSW Government (NSW Fair Trading)
Pre-purchase inspection reports when buying a home – NSW Government (NSW Fair Trading)
Pre-purchase inspection reports: requirements for property agents – NSW Government (NSW Fair Trading)
Steps to selling a property – NSW Government (NSW Fair Trading)
Buying a strata property – NSW Government (NSW Fair Trading)
Conveyancing (Sale of Land) Regulation 2022 – NSW Legislation

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This guide is general information about New South Wales law as at 4 October 2026, not legal advice for your circumstances. Laws, thresholds and government fees change; check the official sources listed and contact us for advice about your matter.

Talk to us about your matter: call (02) 9000 1408, email info@baulkhamhillsconveyancing.com.au or request a quote online.