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How to Win a Sell by Set Date in Victoria Without Overpaying. New 2026 Rules and Buyer Strategies

May 28, 2022
19 min read

Updated: Oct 5


How to make the full use of "Sell by Set Date"?
Winning a "Sell by Set Date" Sales

Updated 5 Oct 2026.


As the Melbourne property market cools down, agents tactic change and "Sell by Set Date" sales are becoming more common now. A "Sell by Set Date" is also often advertised as "Sale by Set Date", "Sell by Set Date", "Set Date Sale" or similar.


But things are different now, especially in Victoria.


Important: Victoria's Sale by Set Date Rules Changed in October 2026

Victoria introduced new property price-transparency rules from 1 October 2026. For auctions and fixed-date sales held on or after 16 October 2026, the selling agent must publish the vendor's reserve price at least seven days before the scheduled auction or fixed-date sale.


The former Statement of Information has also been replaced by a more detailed Property Price Statement. That means buyers now have considerably more pricing information to consider before making an offer than they previously did.


However, that does not mean Sale by Set Date negotiations have suddenly become transparent. The reserve price tells you the minimum price the vendor is presently prepared to accept.


It does not tell you:

  • what competing buyers will offer;

  • how many serious buyers remain;

  • whether another buyer has stronger conditions;

  • how much above reserve the property may sell for; or

  • what the property is actually worth.


The vendor's reserve is not a valuation.


If you've been following our blog, you'll already be familiar with auctions and Best and Final Offer campaigns. But do you know what a "Sell by Set Date" is? What does a "Sale by Set Date" mean? How do you manage a "Sale by Set Date"? What do you need to know when it is a "Sale by Set Date"?


Think of a "Sell by Set Date" campaign as a form of Closed Auction.


What does "Sell by Set Date" mean? Sale by Set Date: Quick Answer

"Sale by Set Date" is a property sales process where buyers have to submit their offers by a specific deadline.


Psychologically, this creates urgency, encouraging maximum competition and a timely sale for the vendor. This method is a type of private auction or private sale method that combines characteristics of a tender and auction, offering multiple opportunities for buyers to make blind bids/offers and for the seller to achieve their best possible price within a set timeframe.


The sales campaign will usually end on a certain date. Or does it? What happens if there are no offers by a certain date? We'll see what happens.


This "Sell by Set Date" is very similar to Private Sale. As with private sales, some agents may call this method of sale by any of these names:

  • Sale by negotiation; or

  • Expression of interest (EOI); or

  • Sale by Set Date; or

  • Sale by Set Date, Offers accepted prior; or

  • Fixed Date Sale; or

  • Set Date Sale; or

  • A single price $x00,000; or

  • A price range $x00,000-$y00,000; or simply

  • Private Sale


With this in mind, a "Sale by Set Date" campaign should be managed like a private sale or a sale by negotiation initially. There is often little difference between these methods of selling during the early stages of a campaign. You will also need to understand strategies to manage a closed auction process or "Best and Final Offer", where interested parties submit their offers without knowing what others are offering, and usually within a short notice.


If it sounds complicated, it is. It is one of the sales techniques in the agent's bag of tricks, and they do cause panic and anxiety and to force buyers to think with their hearts and make irrational offers for the property.


Why are "Sell by Set Date" Campaigns Used in 2026?

"Sell by Set Date", just like "Private Sale" is often used in a quieter or buyer's market where where the agent believes there may not be enough buyer interest to justify an auction (or any other method of sale). The agent would not risk listing the property for auction only to find no one turning up to place a bid. They risk the auction passing in, and creating a bad reputation for the property and agent.

How do "Sell by Set Date" Sales Work in 2026?

There are no single standard process for this sales method, so there are no right or wrong ways to run the Sell by Set Date campaign. But this is generally what happens:

  1. The vendor and Agent decides to list the property for sale.

  2. They chose the "Sell by Set Date" method, and nominate a closing date and time when the property are supposed to be sold.

  3. Agent launches the advertisement and sales campaign.

  4. Agent informs all prospective buyers that this property must be sold by a certain date.

  5. Agent may also state that offers are accepted prior to that date, to create a sense of urgency.

  6. When an offer is received, agent would usually contact all other interested parties that an offer has been received and they are to submit their "Best and Final Offer" by a certain date and time.

  7. This deadline (can be as short as 4 hours) by when all written offers must be submitted.

  8. Agent presents the qualified offers to the vendor.


What happens next, after presenting the offers, is where it gets interesting and can vary between campaigns, agents or vendors.


From this point on the "Sell by Set Date" campaign essentially becomes a "Best and Final Offer" (BAFO) or Closed Auction process. As with the BAFO, this is also where the whole "Sell by Set Date" process creates the most anxiety. The selection process may take one of the following paths:

  • Vendor may simply select the highest offer and conclude the sales campaign

  • Vendor may choose the best 2 to 3 offers if they are very similar, and start a closed negotiation or bidding process with the buyers

  • Agent may choose to give the first bidder, a second chance, if their offer is not where the vendor wants it to be

  • Vendor may choose not to select any offers, if they believe none of the offers are good enough. The campaign can then continue to its end date and evolve into a different campaign or an open auction.


Problems with "Sell by Set Date" Sales

At first glance, the Sell by Set Date process may seem docile. It may not seem urgent to an inexperienced buyer, as, after all, it seems to imply that there is no urgency until that "Set Date". As with a typical property purchase, property auction, Best and Final Offers, this Sell by Set Date sales process should be treated with care. Just like the Best and Final Offer. The deadline is designed to create urgency, and that urgency can cause inexperienced buyers to make emotional decisions. The fear of missing out (FOMO) will usually lead buyers to make hasty, heart-driven decisions, often leading to overpaying. Agents are fully aware of this psychological trigger, and inexperienced buyers can easily fall into this trap.


This is where professional help from an experienced, professional buyers' advocates can become invaluable. The assistance of experienced Buyers Advocates, can ensure you receive the appropriate advice for the property and avoid overpaying.


Why the "Sell by Set Date" Method can Catch You Off Guard.

  • False Sense of Calm: The process appear passive, unpressured, often misleading inexperienced buyers into thinking they have more time than they actually do.

  • Sudden Urgency: Unprepared buyers are often caught off-guard when they are suddenly being told that an offer has been received, sparking panic and rushed decision-making.

  • Lack of Transparency: The process is often unclear, lacks standards, managed in secrecy, leaving buyers in the dark about where they stand, compared to other interested parties.

  • Poor Communications: Buyers are frequently left out of the loop, particularly if they have not made their interest known to the sales agent or if the agent had received an offer which they think is good enough.

  • Not all buyers will necessarily be informed: If you have not clearly registered your interest with the selling agent, you may not be contacted when the campaign moves into its final stage. Or if the agents believe they have sufficient interested buyers, they may stop informing other less promising buyers, due to time constraints.


In short, the "Sell by Set Date" method may appear to be straightforward, but its lack of transparency and communication can create hidden stress and pressure, especially for those who aren't prepared. This is why partnering with a knowledgeable Buyers Advocate is crucial to navigating these complex sales methods and ensuring a fair and informed buying process.


How do you Prepare for a "Sell by Set Date"?

Preparing to win a "Sell by Set Date is similar to preparing for an Open or Public Auction. The tips given in our "How to win at Auctions" [link] will apply to the Sell by Set Date situation as well.


Generally, to perform your best in the "Sell by Set Date" process, you need to:

1. Do your due diligence.

Doing your due diligence is critical to preventing yourself from buying a property that doesn't suit you. Understand what you want from the property, why you want the property and your plans for the property. Knowing the real market situation will help you understand the market demand for that property type, in that particular street and in that particular pocket. Remember, every property is different, even if they are next to each other.


2. Know the real price of the property

Many buyers place too much trust in the price guidance in the Property Price Statement (previously called Statement Of Information, SOI) provided by the sales agent. While the purpose of the Property Price Statement aims to give buyers an indication of the price for the property, it usually does not mean the auction will end within the price range indicated in the guide.

You should always do your own homework.


Do Not Rely Solely on the Property Price Statement

The new Property Price Statement is an improvement on the old Statement of Information. It gives buyers more information about the subject property and the comparable sales being used. This is useful, but it still shouldn't replace your own research. Comparable sales need interpretation. Under the previous Statement of Information, agents have been very creative in their selection of "comparable" properties. We will not be surprised if this practice gets carried over.


A house two streets away might look similar online but sit on 150 square metres more land. Another may have been renovated to a substantially higher standard. One might sit inside a desirable school zone while the subject property sits 20 metres outside it. A supposedly comparable property might back onto a railway line. Or there could be a gold-plated toilets hidden around the house. Or a few embedded gold bars in the bedroom. Or a subterranean termite infestation. Or a history of flood and/or water damage.


The point is that apparently similar properties can have very different values. There can be perfectly valid reasons for two apparently similar houses to sell hundreds of thousands of dollars apart. Your job is not to find three nearby sales. Your job is to understand why they sold for what they did.


A good independent buyer's advocate who understands the suburb, street, buyer demand, available supply, demographics, property characteristics should be able to give you a much more realistic assessment of auction price range.


3. Determine the Right Offer Price for the Property

This is where you have to decide what price to offer for the property. No one can do this for you. Different agents, agencies and locations can produce very different campaigns.


But as part of our service, our buyer's agents help buyers establish:

  • Know how much you can afford to pay.

  • Know your serviceability.

  • Ensure you have sufficient funds for the initial deposit.

  • Ensure you have the appropriate ways to pay the required deposit.

  • Determine the absolute best price you are willing to pay for the property. A good test to know if you've set the right price is this: ask yourself "if another buyer purchased it for $100 more, would you genuinely regret walking away".


If you've been following this blog, you will know what happens next, gets murky. While the agent may indicate that you only have that "one chance to make the best and final offer", in Victoria, the agents or the vendors might choose to further negotiate or give everyone "one final chance to review your offer". They may or may not give you a call explaining that you have "one final chance to improve your offer". This usually causes buyers to panic and second guess their offer. You might decide to improve the offer, or if you believe you have already submitted your best-best-best offer, choose not to improve the offer.


Now, always bear in mind, you do not know who the other bidders are, and what bids they have submitted. Your bid might already be the highest, and the vendor and selling agent might just want to try their luck to extract a few more dollars from you. There might not even be any other bidders, and you are bidding against yourself. Interesting but sneaky, eh? If you have done your preparations well, you should be able to confidently know what the likely scenario is.


Your offer may already be the strongest, but you generally won't know that. If the agent asks whether you can improve it, pause before automatically increasing your price. Ask yourself whether anything has actually changed in your assessment of the property's value.


This is potentially where a neutral third party advisors such as buyers agents can be useful. Our buyers advocates can usually keep you grounded, advise based on experience, market knowledge and the information available about the campaign.


Frequently Asked Question - Sale by Set Date

How Much Should You Offer?

There is no magic formula for this. The right price is not Property Price Statement + $X or -$Y. Before speaking seriously about price with the selling agent, do you homework. The sales agent will almost certainly ask for your price.


Remember, offer too much and you may unnecessarily reset the vendor's expectations. Offer too little and you risk not being taken seriously. Knowing the property, the agent, and experience matters.


Can an Agent Accept an Offer Before the Set Date?

Yes, they can. And very often they do accept offers before the date even though it is listed as "Sell by Set Date". When an offer is received, they may inform all other interested buyers that an offer has been received. In a competitive campaign, this can quickly evolve into a Best and Final Offer campaign, in order to be accepted for consideration. For tips on how to manage a Best and Final offer, click here. Or some may call for an impromptu Boardroom Auction, as bidding will be more transparent to all buyers. Click here for tips on how to manage a boardroom auction.


Does the Highest Offer in a Sell by Set Date Offer Always Win?

Often. But not necessarily.


It depends on the motivations for this Sell by Set Date property. Remember, as mentioned in our Best and Final Offer tips, the vendor and/or agents may mention they have other offers to gauge the level of interest. They may or may not have actually received any offers. Mentioning this creates a sense of urgency, forcing interested parties to expose their level of interests.


That is why you should never increase your offer simply because you are told there is competition. Your decision should remain anchored to your assessment of the property's value and your predetermined walk-away price.


If any interested person really submit their offer, perfect. The property is sold if the offer price is acceptable to the vendor. Otherwise, the property will continue to be listed for sale till the "Set Date".


Now, assuming an offer is genuinely received. The process will almost always result in a sale. But it may not always be awarded to the buyer with the best offer. A Sale by Set Date process is treated like any other standard written offers. IE, you CAN submit a conditional offer, which includes typical conditions such as building and pest inspection clauses, finance clause, or any other clauses you need in the transaction.


It is in the vendor's interest to consider all offers and their conditions when reviewing and selecting the offers. They are likely going to select the offer with the most suitable conditions, even if it is not the best in terms of price. For a small fee, our good buyers agent can help you confidently navigate this entire purchase process, from buying to keys collection.


What is the Success Rate for "Sell by Set Date" Buys?

Historically, we have successfully purchased more than 80% of the Sale by Set Date properties our clients have ultimately chosen to pursue. Importantly, we do not try to win every campaign. We will recommend walking away where the price exceeds our assessment of value.


We could not speak for all other buyers agents though, as their experience varies and thus, their success rate.


What is the Process to Make an Offer for a "Sell by Set Date" Property in Melbourne?

So, you have been contacted by an agent, telling you they are holding a closed auction, and you have been invited to submit your best and final offer by X date and time. What do you do next?


How to submit an offer for a Sell by Set Date Property?

If you have been contacted and informed by the vendor agent that they are accepting offers for the property and you are supposed to make your "best and final offer", they should also inform you when the deadline is. You should always ensure you submit your best offer before this deadline.

If the agent has not told you how or when they want to receive the offer, ask them. Make sure you know what the expected format is. Some may accept offers in an email. Some may have a formal offer form or an Expressions of Interest (EOI) form, that you have to fill in, sign and submit. Whatever the process, make sure your offer reaches the agent before the stated deadline.


Treat the deadline as absolute. Do not assume a late offer will be considered. Ultimately, however, the vendor controls whether an offer is accepted, rejected or whether negotiations continue after the nominated closing time.


Typically, your offer should include:

  • Your name

  • Your contact details

  • Your best and final offer price for the property

  • Any conditions you want to include

  • Preferred Settlement date or period, usually 30, 60 or 90 days in Victoria.


Some agents or EOI offer forms may ask for more information. Make sure you understand what is expected, and provide them where relevant. It is ok not to disclose too much, if you are uncomfortable.


Should You Make Your Maximum Offer Immediately?

There is no universal answer. If the agent genuinely intends to allow only one final submission and there will be no further negotiation, holding back may cost you the property. If there is likely to be another negotiation round, immediately showing your maximum can remove flexibility. You need to establish the rules of the campaign before deciding your strategy.


What happens after submitting your Offer for the "Sell By Set Date" property?

Submitted your offer? Wait. And keep your fingers crossed. You'll find out what's next.


If your Best and Final Offer is being considered, the agent will let you know the next steps. You might need to be prepared "review your offer" (aka "improve your offer"), or you might win it without any further dramas.


If your offer is the winning offer, the agent will usually prepare the formal Contract of Sale for your signature, and you will need to pay the holding deposit. If your winning offer is a conditional offer, it's time to start ticking off the conditions. Know when these conditions are due. Get the building and pest inspection organised, get that finance process started, or get any other due diligence processes done. And as they say, the rest is history.


Generally speaking, if you have not heard from the agent within 4-6 business hours of the deadline (usually half a working day), there is a reasonable change another offer is receiving priority. If you have done your due diligence correctly, and you can truly put your hand on your heart and say you've genuinely submitted your best offer, you know you have done your best. The property is not meant to be yours. There is always a better one somewhere. But you will have to go through the same process and anxiety all over again. It could be months or even years before you find another one. And chances are, in a rising market, you will need to pay more for the same property or start looking in less desirable suburbs.


If you have not heard from the agent after 4 hours, call them, ask for an update. If you get a vague reply, or an iffy reply, chances are, they have selected other offers. That's usually the bad news. But the good news is, because they have not outright rejected your offer. Your offer may still remain their back up. If the preferred offers fall through, you might just win the closed auction or you might be called to "improve your Best and Final Offer".


As a side note, selling agents often find experienced buyers advocates easier to deal with. Represented buyers are typically independently qualified, finance-ready, understand the process and can make clear decisions quickly. IE, they can close the sale faster.


If you have done the right due diligence, your Best and Final Offer should be your very best for this property. You should not have any "buyer's remorse" and you would not have regretted not offering an extra $500 more. Do not be that buyer. Get one of our professional buyers agents to manage your offer, if you are not confident.


Can You Counter a "Sell by Set Date" Offer?

Short answer is No. However, there might be ways around this, to achieve similar results. It all boils down to how the agent runs this Sell by Set Date campaign. Remember, as in the Best and Final Offer, in most (not all) situations, it is in the agent's and seller's best interest to allow interested buyers a second chance to review (and improve) their offers. So, when the agent gives you the opportunity, make good use of it. Remember, in this Sell by Set Date Process the agent usually will not disclose who and what the higher offer is.


So, you do not have to make your decision on the spot. You can always request 10-15 minutes to privately review and discuss your offer with your partner, mortgage broker or lender, before confirming or revising your final offer. It also does not mean that you have to improve your offer, if what you have offered is what you believe is the best, and you would not regret if the property were sold for $500 more.


What If You Lose?

This is where buyers often torture themselves.

"Maybe we should have offered another $5,000."

Perhaps.

But that doesn't mean you made the wrong decision. Imagine you valued the property at $1.30 million. You were prepared to stretch to $1.33 million because it suited you particularly well. Someone else paid $1.39 million.

You did not "lose" $60,000.


Another buyer simply placed a substantially higher value on that property than you did. There will be another property. The dangerous reaction is:

"We lost this one, so next time we'll just bid $1000 more."


That is how disappointment from one campaign turns into overpayment on the next. Treat every property independently.


What happens if no offers are received by the "Set Date"?

This is where things get interesting. Does the property get sold as a "fire sale"? Or is the property withdrawn from sale? There are no fixed rules governing what happens next. It all depends on the vendor and why they are selling the property. But it usually takes one of these paths:

  • The listing continues as a "Private Sale"

  • The listing changes to "Offers above $x00,000"

  • The property is taken off the open market, and sold as an "Off-market" property

  • The property is possessed by the lender and treated as a mortgagee sale, if it is a pre-mortgagee sale

  • The property is taken off the open market, and the sales process ends


Should You Submit an Odd Number Price Offer?

Sometimes. If your maximum is around $1.3 million, an offer of:

$1,303,500

can potentially beat someone who simply submits $1,300,000, IF everything else is the same. In practice, however, everything else is rarely identical.


There is no point using an odd number simply for the sake of looking clever. It can occasionally make a difference in a very close contest, but valuation and offer structure matter far more.


Can a Sale by Set Date Be Underquoted?

Victorian underquoting laws still apply. The new October 2026 price-transparency rules also strengthen the information available to buyers, including the requirement for reserve-price disclosure before qualifying fixed-date sales.


But no advertised price should be treated as your substitute for valuation. If the advertised expectations seem inconsistent with comparable evidence, investigate why.

Sometimes there is a rational explanation.

Sometimes there isn't.


Unless there are a few gold bars buried under the floorboards, the numbers should eventually make sense.


Sale by Set Date vs Auction: Which Is Better for Buyers?

Neither method is automatically better. They simply require different strategies.


At an auction, the major advantage is transparency of competition. You can normally see the other bidders and observe the price moving in real time. The disadvantage is the pressure and emotion of an open bidding environment.


With Sale by Set Date, you avoid the theatre of the auction. But you pretty much lose all the price visibility.


You may have no idea whether the second-highest offer is:

$1,000 behind you;

$50,000 behind you; or

$20,000 ahead of you.


That makes valuation discipline and offer discipline even more important. This is where the psychology of second guessing yourself is dangerous.


Can a Buyers Advocate Help With a Sale by Set Date?

Yes — but only if the advocate genuinely adds something to the process.

Simply telling a buyer: "Offer your maximum."

is not negotiation strategy.


A competent buyers advocate should help you:

  • determine fair market value;

  • analyse comparable sales;

  • identify property risks;

  • understand the vendor's priorities;

  • assess current market conditions;

  • estimate likely competing buyer behaviour;

  • decide whether the property is worth pursuing;

  • structure the offer;

  • negotiate with the selling agent;

  • maintain price discipline; and

  • tell you when not to buy.


That last point matters. A high success rate means very little if the strategy is simply to pay more than everyone else. Our objective is disciplined acquisition.


The Bottom Line

A Sell by Set Date is not simply about submitting the highest number before a deadline.

You need to understand:

  • what the property is genuinely worth;

  • how much genuine competition exists;

  • what matters to the vendor;

  • how your offer should be structured;

  • when to improve your offer;

  • when to hold firm; and

  • when to walk away.


Victoria's new 2026 reserve-price disclosure laws give buyers considerably more information than before. Use that information, but don't mistake greater transparency for certainty. The vendor's reserve tells you what they want. The selling agent tells you what is happening in the campaign. Comparable evidence tells you what the market has been paying. Your job is to put those pieces together without allowing urgency or emotion to make the decision for you.


Our Experience with Sell by Set Date Campaigns

We trust you have found the above common tips useful. There are also advanced, lesser known strategies that can help you win a "Sell by Set Date" campaign without paying the top price. However, these techniques are not suitable for all situations, and can be risky if applied inappropriately.


If you are feeling anxious or uncertain with the preparations, or just want that confidence to win the Set Date Sale Campaign without paying top dollar, reach out to us. Our Purchase Only Service ensures that you assess the property's true value, avoid overpaying, and negotiate effectively to buy your shortlisted property. With fees starting from $3850 for up to two properties it is a small investment compared to the potential savings. In fact, in a recent purchase, our buyers advocates saved a client a remarkable $500,000. Here's how we did it.


Our Melbourne-based Buyer's Advocacy works exclusively for buyers, preventing buyers from overpaying and giving them the confidence to purchase successfully. Our Purchase Only service is especially popular with hands-on property buyers who want expert guidance without the stress of navigating the complexities on their own. Over 95% of our clients buy their property within two months.


Ready to buy with confidence? Get in touch today to find out if our services are the right fit for you.


Need Help With a Sale by Set Date?

If you've found a Melbourne property being sold by Sale by Set Date and want an independent assessment before making your offer, we can help.


Our Purchase Only service can include property appraisal, comparable-sales analysis, due diligence, offer strategy and negotiation — with one objective: helping you secure the right property without paying more than you should.


Because the goal isn't simply to win the property.


It's to make sure the property is worth winning.


Other References:


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