12/10/2026
Rescission means the contract is cancelled and both parties are returned to where they started. The buyer gets their deposit back. The sale doesn't proceed.
In NSW, rescission can happen in a few circumstances π
π During the cooling-off period β a buyer can rescind within 5 or 10 business days of exchange, however you do forfeit the 0.25% holding deposit
π If the seller has failed to attach required documents to the contract, in some cases this gives the buyer the right to rescind
π By mutual agreement between both parties
π If a special condition in the contract allows for it and those conditions aren't met
It's worth understanding why the cooling-off period exists in the first place.
The holding deposit is the vendor's compensation for taking the property off the market during that time. While the cooling-off period is in place, the vendor cannot accept any other offer, which means the buyer is protected from being gazumped.
It sounds straightforward but the rules around when rescission is valid, how it's exercised, and what it costs are more specific than most people realise.
Getting it wrong can be expensive.
Before you sign anything, pause and ask us first.
π Towns Conveyancing, Penrith
π© Questions always welcome β message us today.