Handling two offers at once without an agent
In short
What a private seller can and cannot do with multiple offers: the rules that apply to you (fewer than you think), a fair process buyers will accept, and how to compare offers that are not the same shape.
On this page
The rules that apply to youA process buyers will acceptComparing offers that are not the same shapeKeep your conveyancer in the loopWhat helm does with two offersSourcesTwo offers is a good problem, and it is the moment private sellers most often make an expensive mistake: taking the bigger number without reading the rest, or running a process that scares one buyer off and leaves you with none.
The rules that apply to you
Most of the law about multiple offers is about agents, not sellers. In NSW an agent must pass every offer to the vendor until exchange unless the vendor instructs otherwise in writing, and other states have similar rules. Those are conduct rules for licensed agents. With no agent, what binds you is mainly the contract law of your state and the general law against misleading a buyer. The Australian Consumer Law may not apply to a one-off home sale, but misrepresenting another offer can still give a buyer a claim against you.
So the practical rules are:
- You may consider several offers at once and choose between them on the terms that matter to you, as long as your reasons are not unlawful discrimination.
- Until a contract is signed (or exchanged), you can generally accept a better offer even after saying yes to someone else. Buyers call this gazumping. It is not illegal, but it costs you the first buyer's goodwill, and anything you have promised them can matter, so talk to your conveyancer first.
- You may not invent an offer, inflate one, or tell a buyer there is competition when there is not.
- In Queensland, licensed agents marketing an auction may not give a price guide. That rule binds agents, not private sellers, but anything you say about price must not be misleading.
- Once a contract is signed by both sides (or exchanged), the other offers are dead. Tell those buyers promptly.
A process buyers will accept
You do not need a formal tender. You need to be clear, fair and quick.
- Tell every interested buyer there is more than one offer. True, brief, no numbers.
- Set one deadline for best and final offers, typically 24 to 48 hours, and say it will be a written offer on your contract terms.
- Ask every buyer for the same four things: price, deposit, settlement date, conditions with dates. Offers you cannot compare are offers you cannot judge.
- Do not shop the numbers. Telling buyer A what buyer B offered is generally not prohibited for a private seller, but it is how you lose both. Best and final means best and final.
- Pick one, and pick a reserve. Decide before the deadline which offer you would take and which you would send back, so you are not deciding under pressure.
- Reply to everyone within the hour of deciding. The buyer you turned down might be your buyer next week if the first one falls over.
Comparing offers that are not the same shape
This is where the number on top misleads. A few patterns:
| Offer A | Offer B | Often the stronger position |
|---|---|---|
| $1,250,000, subject to finance (14 days, pre-approved), 10% deposit, 45-day settlement | $1,265,000, subject to sale of the buyer's home, no sunset, 5% deposit | A, unless you have time to wait and B agrees to a sunset and a 72-hour clause |
| $980,000 cash, unconditional, 90-day settlement | $995,000, subject to finance, 30-day settlement | Depends on whether you need the money in 30 days or the certainty; if you have already bought, B's timing can be worth more than A's certainty |
| Two offers within $5,000 of each other, both clean | The one whose settlement date fits your move. Do not start a bidding war for $5,000 |
The questions to ask about each: How likely is this to settle? When? What happens to me if it does not? Price is the easy part. If you are unsure what a particular condition means for you, our guide to conditional vs unconditional offers explains each one from the seller's side.
Keep your conveyancer in the loop
In NSW and the ACT your contract is prepared before you list, so an agreed offer goes straight to exchange. Ask your conveyancer before you exchange with anyone. In Queensland and Victoria the contract binds once both of you sign it, so agree the conditions before anyone signs. The deposit is held by the stakeholder named in the contract, usually your conveyancer in their trust account. If a buyer offers to pay it straight to you, say no.
For when an offer becomes binding in your state, and the cooling-off that follows, see you've received an offer, now what?
What helm does with two offers
helm shows every live offer made through it in one place, each scored on its terms: price against your asking price or guide, conditions, deposit and settlement. The highest number is not always the strongest offer once the conditions are weighed up, and the scoring makes that visible before you decide. How you run the process is your call. helm does not contact buyers on your behalf, set the rules or pick the winner. Our FAQ has more on how to handle multiple offers.
Sources
NSW Government, Making an offer on a property (8 Jul 2026; gazumping) and Property and Stock Agents Regulation 2022 Sch 2 r 5 (agent duty to pass on offers). Consumer Affairs Victoria, Buying property by private sale. Consumer Protection WA, Buying property by private sale. Access Canberra, Reality Check guide (offers, exchange, gazumping). Queensland Government, Buying property at auction (price guide ban). Australian Consumer Law s 18 (misleading or deceptive conduct). General information, not legal advice.