South Australia is home ground for Asset Conveyancing. Our head office is in Adelaide, and our principal, Paul Sande, is a former Senior Examiner at the Land Titles Office (South Australia) and has been a licensed conveyancer since 1984. Here is how an SA sale works and where the deadlines sit.
What documents are used to buy or sell property in SA?
An SA sale runs on two documents: the contract and the vendor’s statement, known as the Form 1. There is no single government contract. Agents use standard industry forms and add special conditions for finance, building inspections or the sale of another property.
The Form 1 is required by the Land and Business (Sale and Conveyancing) Act 1994 and is now prescribed by the Land and Business (Sale and Conveyancing) Regulations 2025. It discloses the title, registered mortgages, caveats, easements and encumbrances, zoning, council and water charges, and building approvals. The vendor signs it and is responsible for its accuracy.
When must the Form 1 be served?
In practice the Form 1 is served before the buyer signs. Legally, it must be served at least 10 clear days before settlement, and the cooling-off period does not begin until it has been served.
- Auctions. The Form 1 must be available to read for at least three consecutive business days before the auction, and at the auction itself.
- Missing or defective Form 1. If the statement is not served, or is materially wrong, the buyer may be able to rescind the contract before settlement, or seek damages afterwards.
How does the cooling-off period work in South Australia?
A buyer of residential land in SA can cool off until the end of the second clear business day after the contract is signed or the Form 1 is served, whichever is later. It ends earlier if settlement happens first.
- How to cool off. Give written notice to the vendor or the vendor’s agent, in person, by registered post or by email to an address they provided. Keep proof of sending.
- What it costs. The vendor may keep a deposit of up to $100. Everything else paid under the contract must be refunded.
- When it does not apply. Auction sales, sales by tender, and contracts where the buyer received independent advice from a lawyer who signs the prescribed certificate. There are also exceptions for companies buying non-residential land.
Two business days goes quickly. Have the Form 1 and contract reviewed, and book any inspection, before you sign. After cooling-off, only the special conditions protect you.
Who collects stamp duty and registers the transfer in SA?
Stamp duty is assessed and collected by RevenueSA. Rates, exemptions and concessions change, so check the current position with RevenueSA. We calculate duty for your matter and include it in the settlement figures.
Transfers, mortgages and discharges are registered through Land Services SA, which operates the Lands Titles Registry. Most SA settlements are completed electronically through PEXA.
How Asset Conveyancing handles South Australian matters
We act on residential, strata and community title, rural, vacant and commercial property across SA. One qualified professional manages your matter from start to completion, from our office at Level 2, 300 Flinders Street.
- Review before you sign. We check the contract, special conditions and Form 1 against a fresh title search.
- Track every deadline. Cooling-off, finance, inspection and settlement dates are diarised from day one.
- Prepare the settlement. We calculate rates and water adjustments, liaise with your lender and prepare the transfer.
- Settle through PEXA. Funds move and the transfer is lodged with Land Services SA.
Paul’s years examining dealings at the Land Titles Office help us pick up title problems early. For sellers, we prepare the contract and Form 1 so the statement is accurate and served on time. Read more about buying property and selling property, meet Paul Sande, or compare the rules in Victoria.
Common questions about conveyancing in South Australia
How long is the cooling-off period in SA?
Two clear business days. The period ends at the end of the second clear business day after the contract is signed or the Form 1 is served, whichever happens later, or at settlement if that comes first. Weekends, public holidays and the day itself are not counted.
Is there a cooling-off period if I buy at auction in SA?
No. Cooling-off does not apply to property bought at auction, so you are bound when the hammer falls. The Form 1 must be available for at least three consecutive business days before the auction, so have it and the contract reviewed, and arrange finance, before auction day.
What happens if the vendor does not give me a Form 1?
You may be able to rescind the contract. If the Form 1 is not served, or is materially incomplete or inaccurate, a buyer can generally rescind before settlement, and after settlement may apply to court or claim damages. Your cooling-off period also does not start until a compliant Form 1 has been served on you.
Can I waive my cooling-off rights in South Australia?
Yes, but only through independent legal advice. Cooling-off does not apply if you received independent advice from a lawyer before signing and the lawyer signs the certificate prescribed under the Act. Vendors sometimes ask for this in competitive sales. Understand the contract and special conditions first, because the waiver removes your exit.