Quick answer: a verbal offer on a house is not a signed contract. In NSW a sale binds the buyer and seller when contracts are exchanged, and in WA when the offer and acceptance form is signed. We make a verbal offer first and send a written one once the seller has agreed on price.
Updated 28 October 2026. Rules checked on NSW Government and WA Consumer Protection pages the same day.
Key facts, checked 28 October 2026
Three dated facts show where a verbal offer sits in the buying process. Each comes from an official state page checked on 28 October 2026.
- In NSW, a property sale is binding on the seller and buyer when contracts are exchanged. Agents must inform the vendor of all offers up until exchange, unless the vendor has instructed otherwise in writing, and buyers of residential property have a 5-day cooling off period from exchange (NSW Government, page updated 8 July 2026).
- In WA, the signed offer and acceptance form becomes a binding contract of sale, and the agent must communicate all written offers to the seller (WA Consumer Protection, page updated 25 November 2024).
- WA has no mandatory cooling off period for real estate contracts (WA Consumer Protection, page updated 25 November 2024).
Rules differ from state to state, so check them with your solicitor or conveyancer.
A verbal offer lets us act quickly in a competitive market, express interest without signing anything, and keep control of the pace of negotiations. Here are the seven reasons behind our approach:
1. Speed and Efficiency
In a fast-paced market, timing is everything. A quick verbal offer allows us to secure opportunities before the competition even has a chance to respond. The process of drafting a written offer can take valuable time, and in these situations, delays can lead to missed chances. By using a verbal offer, we can act swiftly, demonstrating our genuine interest and readiness to engage without unnecessary delays.
2. Expression of Interest Without Commitment
When several buyers are competing for a property, a verbal offer is a way to show interest without signing anything. A verbal offer is not a signed contract, so we can gauge the seller’s response and adjust our strategy before anything is in writing. Binding contracts come later: in NSW when contracts are exchanged, and in WA when the offer and acceptance form is signed.
3. Control of Negotiations
Starting with a verbal offer allows us to maintain control of the negotiation process. This method helps us set the pace of discussions. We can take our time to assess the situation, gather information and plan our next steps without feeling rushed by the demands of the agent. That helps us work toward a good outcome for our clients, although no result is certain.
4. Legal Clarity and Vendor Communication
A verbal offer is not a binding contract, but the agent still has duties. In NSW the law requires agents to inform the vendor of all offers until contracts are exchanged (NSW Government, updated 8 July 2026). In WA the agent must communicate all written offers to the seller (WA Consumer Protection, updated 25 November 2024).
Rules differ by state, so ask your conveyancer or solicitor how they apply to your purchase.
5. Buyer Confidentiality
We usually keep the buyer’s name private at the start. That way the price is discussed on its merits rather than on who the buyer is, and the client’s details are shared when they need to be.
6. Building Trust with Agents
As buyer’s agents, we cultivate strong relationships built on trust with sales agents. Agents who have dealt with us before know how we work and that our clients are ready to act. That can make conversations smoother, although the agent still acts for the seller.
7. Preparedness and Commitment
Our clients are briefed and confirmed as ready to act before we make any offer. That means that when we express interest, we are ready to proceed, which helps the seller take the offer seriously.
Every purchase is different, so we decide when to go verbal first on a case-by-case basis.
What to do before you make an offer
Before you make an offer, get your finance in order, know the price range from recent comparable sales, and have a conveyancer or solicitor ready to review the contract. Decide your top price in advance and keep it to yourself. A buyers agent can run these steps and negotiate for you.
- Get a pre-approval from your lender so you know your budget.
- Check recent comparable sales in the street and suburb.
- Set a top price and stick to it.
- Ask the agent how the sale is being run, for example private treaty, auction or expressions of interest.
- Have your solicitor or conveyancer review the contract before you sign or exchange.
Frequently Asked Questions
1. Why do you prioritize verbal offers over written ones in real estate?
We prioritize verbal offers because they allow us to act quickly in a fast-paced market, securing opportunities before competitors can react. Verbal offers also provide flexibility and help us gauge the seller’s reaction without committing fully. This strategy maximizes the chances of success while minimizing the risks involved in the buying process.
2. How does a verbal offer improve my chances of securing a property?
A verbal offer expresses genuine interest without the commitment of a written offer. It lets us act quickly in a competitive market and gives us flexibility to adjust our strategy based on the seller’s response.
3. What role does verbal negotiation play in the home-buying process?
Starting with a verbal offer allows us to maintain control of negotiations. This method helps us set the pace of discussions, gather more information, and adjust our strategy before submitting a written offer. This increases our chances of securing a favorable deal for our clients.
4. Is a verbal offer on a house legally binding?
A verbal offer on its own is not a signed contract. In NSW a sale is binding when contracts are exchanged, and in WA when the offer and acceptance form is signed. Agents must pass offers on to the seller under state rules, so ask your solicitor how they apply to you. We send a written offer once the seller has agreed on price.
5. How does buyer confidentiality affect my offer strategy?
We usually keep the buyer’s name private at the start so the price is discussed on its merits. Details are shared when they need to be.
6. How do you build trust with real estate agents?
Over the years we have worked with many sales agents. They know how we operate and that our clients are ready to act, which can make conversations smoother.
7. How do you ensure that my offer is taken seriously?
Before making any verbal offer, we confirm that our clients are prepared and committed to acting. This level of preparedness helps the seller see that the offer is serious.
Sources
- NSW Government: Making an offer on a property (last updated 8 July 2026, checked 28 October 2026)
- WA Consumer Protection: Buying property by private sale (last updated 25 November 2024, checked 28 October 2026)
This article is general information and is not legal or financial advice. State rules differ and change; speak to a solicitor or conveyancer before you make or accept an offer.
If you want help with your next purchase, see our home buyers agent service, or read our guide to new vs established investment property.