What is a section 66W certificate in NSW?
A section 66W certificate is a certificate issued under section 66W of the Conveyancing Act 1919 (NSW) by the purchaser's solicitor or licensed conveyancer. It waives the five business day cooling-off period that normally applies to residential property purchases in NSW. Vendors often require a 66W certificate before exchange to provide certainty that the purchaser will not rescind during cooling-off.
When a 66W certificate is used
A 66W certificate is most commonly used when the vendor wants immediate certainty on exchange — for example, when there are competing purchasers, the vendor has already purchased elsewhere, or the agent is managing a tight settlement timeline. It is also common in competitive Sydney markets where vendors will not exchange without one.
Professional obligations
The solicitor or conveyancer issuing a 66W certificate must have actually reviewed the contract and advised the purchaser about its terms and the effect of waiving cooling-off. Issuing a 66W certificate without genuine review and advice exposes the practitioner to professional misconduct claims and negligence liability. It is not a formality — it is a professional certification.
How I help with 66W certificates
I review the contract for sale of land against the standard Law Society/REINSW form requirements, flag any unusual special conditions, and produce a summary for the purchaser. This review forms the basis for the solicitor's advice before issuing the 66W certificate. I also generate the certificate itself in the correct format.
Common issues
- A 66W certificate cannot be issued by the vendor's solicitor — it must come from the purchaser's legal representative
- Issuing a 66W without genuine review is professional misconduct, not just a paperwork error
- The certificate only waives cooling-off — it does not waive any other contractual rights
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