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Buying Methods

Auction vs
private treaty

Two different ways to buy a property, two different sets of rules. Understanding the differences helps you prepare for either — and avoid costly mistakes.

6 min readUpdated January 2026

The biggest difference

At auction: No cooling-off period. Once the hammer falls, you're committed. All due diligence must happen before auction day.

Private treaty: Usually includes a cooling-off period (3-5 business days depending on state). You can withdraw, though penalties may apply.

Comparison

How they compare

Auction

Cooling-off

None — commitment is immediate

Price transparency

You see competing bids in real-time

Negotiation

Limited — bidding is the negotiation

Timeline

Fixed auction date creates urgency

Due diligence

Must be completed before auction

Deposit

Usually 10%, paid on auction day

Best for

Competitive markets, confident buyers

Private Treaty

Cooling-off

3-5 business days (varies by state)

Price transparency

You don't see other offers

Negotiation

Back-and-forth negotiation possible

Timeline

More flexible, less pressure

Due diligence

Can continue during cooling-off

Deposit

Negotiable (often 5-10%)

Best for

Careful buyers, complex purchases

How To Prepare

Prepare for each scenario

Before auction day

  • Complete building and pest inspections
  • Review the contract with your conveyancer
  • Do your title search
  • Confirm your finance is unconditional
  • Set your maximum bid and stick to it
  • Register to bid (bring ID)
  • Attend other auctions to practice

Before making an offer

  • Get pre-approval (shows you're serious)
  • Research comparable sales in the area
  • Prepare your offer with conditions if needed
  • Know what's negotiable (price, settlement, inclusions)
  • Understand cooling-off rules in your state
  • Have a conveyancer ready to act
  • Be ready to move quickly if accepted

Whichever method you choose,
go in prepared

Our property reports give you the intelligence you need before auction day or your first offer — planning overlays, risk factors, and structured analysis.

Next steps

Continue with the full First Home Buyer Guide, check pricing, or get in touch.

This information is general guidance only. Cooling-off periods and auction rules vary by state. Always verify current rules with your state's consumer affairs body and seek professional advice.