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Five states, side by side
The table shows what each state’s own page says about the size of a deposit and who holds it. Where a page is silent about a sale with no agent, the cell says so rather than filling the gap.
From each state’s official page, read on 8 October 2026. Tasmania, the ACT and the Northern Territory are not covered here.
| State | How much | Who holds it when no agent is involved |
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| Victoria | No law sets the amount; usually 10 per cent | Your solicitor, legal practitioner or conveyancer, or a special purpose account in both names |
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| New South Wales | 10 per cent, unless a smaller sum such as 5 per cent is agreed | Not stated on the NSW pages read for this guide |
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| Queensland | Paid at the time the contract’s reference schedule sets | The seller’s agent usually holds it; a private sale is not addressed |
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| South Australia | A lump sum, or no more than three instalments, before settlement | Not stated in the law read for this guide |
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| Western Australia | Not compulsory; negotiated, and generally 10 per cent or less | Should go into the trust account of the buyer’s nominated settlement agent or solicitor, not to the seller |
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Line 01.2
Victoria: paid to you, then put somewhere safe
Consumer Affairs Victoria’s page for sellers starts from the amount. No law fixes it; the usual figure is 10 per cent of the price, paid when the buyer makes an offer. A buyer can also pay part of the deposit first and the rest by a date the contract of sale sets.
With no agent managing the sale, the deposit comes straight to you from the buyer. From there the page gives you two places for it: handed on to your solicitor, legal practitioner or conveyancer, or banked in a special purpose account at an authorised deposit-taking institution in Victoria, opened in both the buyer’s name and yours.
When it goes back to the buyer
A deposit paid with an offer is returned if you do not accept that offer, and it is refundable if the contract’s conditions are not met. A buyer who cools off on the sale contract is entitled to a full refund of money paid, less $100 or 0.2 per cent of the price, whichever is greater.
Early release, and the change announced for it
The sellers’ page describes how a buyer may hand over the deposit before settlement. Among its conditions, the contract must be unconditional, the buyer cannot release the money until at least 28 days after the contract was signed, and you must show the buyer that no debts are secured on the property, or that the debts secured on it total no more than 80 per cent of the sale price.
A rule that is changing
Consumer Affairs Victoria’s page on the new property sales laws says this early-release process will be repealed from 1 July 2027. In its place, buyer and seller will be able to agree to release the deposit early by putting a condition in the contract. The process above is the one its sellers’ page describes on 8 October 2026.
Line 01.3
New South Wales: the amount is written down, the holder is not
NSW Fair Trading’s steps for sellers give the amount: 10 per cent of the price, unless a smaller sum, 5 per cent for example, is agreed. Its page on selling without an agent says the seller then manages the whole process, legal and financial work included.
The NSW pages read for this guide do not say who should hold a deposit when no agent is involved. This guide does not guess. It is a question for the solicitor or licensed conveyancer who prepares your contract.
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Queensland: the contract sets the day
Queensland’s Office of Fair Trading says the buyer pays the deposit at the time set out in the contract’s reference schedule, and that the seller’s agent is usually the one holding it. Its page for sellers adds that the contract should set out the deposit’s payment date. Who holds a deposit in a sale with no agent is not addressed on the pages read here.
One rule touches the deposit directly. If a buyer cancels the sale contract in its cooling-off period, the seller may deduct up to 0.25 per cent of the price from the deposit and must refund the rest within 14 days.
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South Australia: only a deposit before settlement
South Australia’s Land and Business (Sale and Conveyancing) Act draws a firm line. A contract for the sale of land that asks for part of the price before settlement, other than a deposit, is void. The Act defines a deposit as an amount paid towards the price before settlement, in one lump sum or in no more than three instalments.
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Western Australia: a deposit is negotiated
Consumer Protection WA’s page on private sales says no deposit is required at all. The amount is open to negotiation, is generally no more than 10 per cent of the price, and is often a good deal less. With no agent, the same page says the deposit should go into the trust account of the settlement agent or solicitor the buyer nominates, and not straight to the seller.
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Where the money goes next
At settlement the deposit and the balance of the price come together, and the figures are adjusted for rates and other outgoings: adjustments at settlement follows that step. Before then, the buyer will look for one more paper from you, the ATO’s certificate, which decides whether part of the price is held back: the clearance certificate every seller needs. The whole trail starts on the home page of this guide.