Going to market
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Auction vs private treaty

Should you sell by auction or private treaty?

Auction sells publicly on a set day: the winning bid binds immediately, with no cooling-off anywhere in Australia. Private treaty negotiates privately, usually with conditions and a cooling-off window — 5 business days in NSW and Queensland, 3 in Victoria. Which suits you depends on your property and market.

AuctionPrivate treaty
When it sellsA set dateWhenever an offer lands
Buyer conditionsNone — unconditionalUsually finance, building and pest, or sale of their own property
Cooling-offNone, anywhere in Australia5 business days NSW and QLD, 3 in Victoria
Price guidanceA reserve you set, not disclosedAn advertised asking price
If it doesn't sellPassed in, then negotiated with the highest bidderStays listed
Marketing costHigher, and spent up frontLower, spread over the campaign

Key takeaways for sellers

  • Auction gives you certainty; private treaty gives you control. An auction ends on a set day with a buyer who can't walk away. Private treaty takes as long as it takes, usually with conditions attached and a cooling-off window afterwards.
  • At the fall of the hammer, it's done. A winning auction bid is binding immediately — no cooling-off, deposit paid on the day.
  • If it passes in, the sale isn't over. When bidding stops below your reserve, the agent normally takes the highest bidder aside and negotiates with them first, before the property goes back on the market at a listed price.

How does selling by auction work?

Buyers bid in public on a set date. If the highest bid meets your reserve, it sells then and there. Below your reserve, the property is “passed in” and usually moves straight into negotiation with the highest bidder.

The appeal is that it ends. There's a date in the diary, and at the fall of the hammer the buyer is committed — no finance clause, no building and pest condition, no cooling-off. Auctions tend to work best where demand is strong or the property is genuinely hard to price.

How does selling by private treaty work?

You advertise a price and negotiate offers privately, one at a time. Offers usually come with conditions attached — subject to finance, to a building and pest inspection, or to the buyer selling their own place first — and the buyer gets a cooling-off window after signing.

You keep more control over timing, and there's no public moment where the property visibly fails to sell. It suits most standard homes in steady markets.

How do you choose between them?

Your agent will have a view, and it's usually worth hearing. But the two methods produce genuinely different contracts: what the buyer can still walk away from, when the deposit is paid, and how long you wait before the sale is actually yours.

Whichever way you go, the contract needs to be right before the campaign starts — the terms are much harder to change once a buyer is in front of you.

Common questions

Is there a cooling-off period at auction?

Generally no — cooling-off rights usually don't apply to auction purchases. [VERIFY per state]

Can I switch from auction to private sale?

Yes — if a property passes in or doesn't sell at auction, it commonly moves to private treaty negotiation.

Which method gets a higher price?

Neither is guaranteed higher — auction can lift the price in strong demand, while private treaty suits more considered markets.

Can a buyer pull out after winning at auction?

Generally no — an auction sale is binding at the fall of the hammer, with no cooling-off. [VERIFY per state]

What happens if my property passes in?

It didn't meet your reserve — the highest bidder usually gets first right to negotiate, then it moves to private treaty. [VERIFY]

Does a pre-auction offer have a cooling-off period?

It depends how and when it's accepted — under auction terms there's usually none. [VERIFY per state]

Can the auctioneer sign the contract if I'm not there?

Generally yes — the auctioneer can sign for a party at the fall of the hammer. [VERIFY per state]

Is an auction sale unconditional the moment the hammer falls?

Usually yes — binding and unconditional immediately, with the deposit paid on the day. [VERIFY per state]

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