When it comes to real estate laws in Australia, it can be very difficult to know where you stand. In fact, if you stand in your lounge room in NSW, you will be subject to different laws then when you stand in the property you are thinking of purchasing in Queensland for retirement.

Australia's real estate laws are state and territory-based, and though they share some similarities, real estate agents, buyers and sellers alike, all need to be aware of the subtle and major differences that exist across borders so you can ensure your next purchase is above board!

As an online auction platform, Sale Ezy (and the agents who use it) is subject to the exact same laws that govern traditional auctions and sales in each state and territory. In creating our online auction platform, we went to great lengths to meet the many and varied legal requirements stipulated by each state and territory, and it made us think -- if our team of experienced agents was surprised by just how different each state is, as a buyer or seller, there's every chance you might be too!

To help you better grasp where you stand when it comes to auctions in your state or territory, we have listed a few of the differences you can expect to see at auction depending on where the property for sale is located.

Before we get started, there are a few similarities in each state to be aware of as these govern most auctions, regardless of where you are.

Most importantly, auctions, unlike private treaty sales, do not have a cooling-off period. As a buyer, you will be expected to sign the contract and pay your deposit immediately, binding you to the sale of the property.

On a positive note, dummy bidding (that is, making fake bids to push up the price) and collusive bidding (working with other people, perhaps friends and family, on a bid strategy designed to push up the price or affect the outcome of the auction), are illegal and come with major penalties.

If a vendor bid is made on a property, it must be clear that the bid is made on behalf of the vendor.

Australian Capital Territory auction conditions

In the ACT, all bidders are required to register and have a bidding number before the auction begins, unlike in some other states where bidding may be paused for a new comer to register to bid.

The ACT also has some unique laws relating to promoting the energy rating of homes being offered for sale. When promoting a property, the energy rating of the home must be displayed clearly in any advertisement.

New South Wales auction conditions

Like Victoria and Queensland, New South Wales has seen same changes in how property pricing is promoted, over recent years. The law in this state is very clear about how pricing can be advertised, with vague pricing out, and specific ranges or figures, backed by researched comparisons in!

In addition, in NSW, an auctioneer may make only one vendor bid. At Sale Ezy, we believe a good auctioneer, with an accurately-priced property and solid promotional campaign should only require one vendor bid at most, to help kick off momentum in an auction situation. For this reason, regardless of the state, Sale Ezy restricts all auctions to only one vendor bid.

Northern Territory auction conditions

While in some states, an agent can run an auction without being a registered auctioneer, this is not the case in NT. In this part of the country, any agent auctioning a property must also be a registered auctioneer.

If you're thinking of buying in the Northern Territory and want to try to scoop up that dream property before auction day, keep in mind NT has unique laws relating to pre-auction offers that mean no cooling-off period applies.

Queensland auction conditions

With new laws introduced in Queensland relating to pricing during the pre-auction promotional period, agents cannot place any price guide on an advertisement (or promote one in any other way, including verbally) for a property due to go to auction. For this reason, while not indicative of price, our minimum bid is not displayed for Queensland properties during Best Offer as this period of the auction can coincide with the promotional period.

If the property doesn't sell at auction and you are the lucky purchaser who negotiates a post-auction sale within two days of the auction, be mindful that no cooling-off period applies.

South Australia auction conditions

While in South Australia, bidders are encouraged to register to bid before the auction, an auctioneer can decide to pause and allow a bidder to register to bid during the auction.

Like NSW, buyers must have access to a copy of the Bidder's Guide before or on auction day, as well as a Collusive Practices Statement and buyer's information notice. Generic documents can be found in the Bidder's Guide section on any Sale Ezy property page, and specific documents are available for download at the right side of the property page.

Tasmania auction conditions

At a traditional stand up auction in Tasmania, there is no limit to the number of vendor bids an auctioneer can make, as long as those present are made aware they are vendor bids. On Sale Ezy, an auctioneer waves this right, and is able to only submit one, labelled, vendor bid and no others.

Victoria auction conditions

In traditional auctions in Victoria, auctioneers do not need to be licensed (auction material is covered in other qualifications) and bidders do not need to be registered. When using Sale Ezy, for the protection of all involved, bidders are required to undertake our online registration process and be approved by the auctioneer.

As a buyer, if you make an offer on a property up for auction and that offer is made and accepted within three days of the commencement of the auction, be prepared to wave the cooling-off period and sign on the dotted line straight away.

At the start of a Victorian auction, get ready for an information overload as the auctioneer reads out the rules pertaining to vendor bidding and co-owner bids as they relate to the particular auction.

Western Australia auction conditions

In Western Australia, prepare to hear a little more from the auctioneer than you would bargain for in other states. While, like in other states, the auctioneer must make the auction conditions available before auction, they must also read out the Auction Particulars and Conditions of Sale of Freehold Property Form before the auction begins. When using Sale Ezy, you can find an audible read of this form in the downloads section at the right side of the property page.

Sale Ezy is an online platform that really simplifies the auction process for buyers, sellers and agents. Where possible, and within the law, it creates a consistent environment from state-to-state so any registered bidder can be very clear what is expected of them before, during and after the auction.

To auction your property using Sale Ezy, contact us on 1300 662 013 or at hello@saleezy.com.au to learn about agents operating in your area.