South Australia Legal Requirements for Selling Property: Complete 2026 Guide
Legal Requirements for Selling Property in South Australia: Complete 2026 Guide
See Complete South Australia Private Sale Guide
When selling property without a real estate agent in South Australia (FSBO – For Sale By Owner), understanding your legal obligations under the Land and Business (Sale and Conveyancing) Act 1994, Real Property Act 1886, and Residential Land Sales Act 1995 is essential.
South Australia has one of the most disclosure-heavy property systems in Australia. Its rules differ significantly from Queensland and Western Australia, particularly around Form 1 disclosure, cooling-off rights, and when contracts can be signed.
Whether you’re selling a home in Adelaide, a regional SA property, or anywhere in the state, these requirements apply to all private property sales. By following the correct legal process and engaging qualified professionals, private sellers can save $15,000–$30,000+ in agent commission while remaining fully compliant.
See 8 steps to sell without agent in South Australia
The Four Essential Legal Requirements in South Australia
To legally sell property in South Australia, you must comply with four non-negotiable legal requirements:
Form 1 Vendor Disclosure Statement prepared and served correctly
Contract of Sale prepared by a qualified conveyancer or solicitor
Full disclosure of all material facts and defects
Deposit held in a statutory trust account
Failure to comply with any one of these can allow the buyer to terminate the contract, recover their deposit, and seek compensation.
Form 1 Vendor Disclosure Statement: South Australia’s Core Legal Requirement
What is Form 1?
Form 1 (Vendor’s Statement) is a mandatory disclosure document required under South Australian law. It provides buyers with critical legal, financial, and planning information about the property before they commit to purchase.
Critical rule:
In South Australia, Form 1 must be provided to the buyer before they sign the contract — and in most cases before the property is advertised.
This is stricter than WA or QLD.
When is Form 1 Required?
Form 1 is required for almost all residential property sales in South Australia, including:
Houses
Units and apartments
Townhouses
Vacant residential land
Community and strata title properties
There are very limited exemptions (e.g. some rural or commercial transactions).
What Must Be Included in Form 1?
Form 1 must contain current, accurate searches and disclosures, typically no older than 6 months:
Title & Ownership
Certificate of Title
Easements, encumbrances, covenants
Mortgages or caveats
Planning & Zoning
Council zoning information
Development restrictions
Heritage or conservation listings
Financial Information
Council rates
SA Water rates
Land tax status
Strata levies (if applicable)
Legal & Statutory Matters
Notices or orders affecting the land
Environmental or contamination notices
Proposed government acquisitions
Building & Improvements
Building approvals (where applicable)
Known unapproved structures
Pool or spa compliance (if applicable)
Cost:
Typically $150–$350, depending on urgency and complexity.
Cooling-Off Rights Linked to Form 1
South Australia provides buyers with a 2 clear business day cooling-off period, which begins after:
The buyer receives Form 1, and
The contract is signed
If Form 1 is missing, late, inaccurate, or incomplete, buyers may gain extended cooling-off rights of up to 14 days.
This is one of the biggest legal risks for FSBO sellers in SA.
Contract of Sale Requirements in South Australia
What is a Contract of Sale in SA?
The Contract of Sale is the legally binding agreement that sets out:
Purchase price
Deposit amount
Settlement date
Conditions of sale
Cooling-off rights
In SA, the contract must align precisely with Form 1 disclosures.
Who Can Prepare Contracts in South Australia?
Contracts must be prepared or reviewed by a qualified professional:
Licensed Conveyancer (most common)
Solicitor
DIY contracts are high risk and frequently invalid.
Typical cost:
$250–$600 for standard residential sales.
Standard Contract Terms in SA
Settlement period: 30–60 days (standard)
Deposit: 5–10% of purchase price
Cooling-off: 2 business days
Finance clause: Common and recommended
Building inspection clause: Common
Waiver of cooling-off: Only with independent legal advice
Disclosure of Defects and Material Facts in South Australia
What Must Be Disclosed?
South Australian law requires sellers to disclose any material fact that could reasonably affect:
A buyer’s decision to purchase, or
The price they are willing to pay
This duty applies even if the buyer does not ask.
Common Material Facts You Must Disclose
Structural & Building Issues
Cracking, subsidence, movement
Water ingress or flooding
Roof defects
Retaining wall failures
Pests & Environment
Termite history
Asbestos
Mould or damp
Contaminated soil
Compliance & Approvals
Unapproved renovations
Illegal structures
Council orders
Pool compliance issues
Legal Issues
Boundary disputes
Easements or rights of way
Heritage listings
Encumbrances or covenants
Failure to disclose can result in:
Contract termination
Deposit refund
Compensation claims
Legal action for misrepresentation
Deposit Handling Requirements in South Australia
Who Can Hold Deposits?
Sellers cannot hold deposits themselves.
Deposits must be held in a statutory trust account by:
Licensed conveyancer
Solicitor
Licensed real estate agent
Accepting deposits personally can void the contract.
What Happens to the Deposit?
Held securely until settlement
Released on settlement day
Returned if cooling-off is exercised
Returned if finance or inspection conditions fail
Cooling-Off Periods in South Australia
Key Rule
South Australia provides a 2 business day cooling-off period for residential sales.
Buyers may waive cooling-off only if:
They receive independent legal advice
A prescribed waiver certificate is signed
Private sellers cannot pressure or induce buyers to waive cooling-off.
Common Legal Mistakes FSBO Sellers Make in SA
Advertising before Form 1 is ready
Using outdated Form 1 searches
Assuming QLD or WA rules apply
Mishandling cooling-off timelines
Accepting deposits directly
Incomplete written disclosure
Is Selling Without an Agent Legal in South Australia?
Yes. Selling privately is completely legal in South Australia.
There is:
❌ No legal requirement to use an agent
❌ No obligation to pay commission
✅ A requirement to follow disclosure, contract, and trust laws
Thousands of SA property owners sell privately every year using licensed conveyancers or solicitors.
How AirLister Fits Into the SA Legal Process
AirLister:
Places your property where buyers already search
Sends enquiries directly to you
Keeps you in control of inspections and negotiations
Works alongside licensed SA conveyancers and solicitors
AirLister does not replace legal professionals — it removes unnecessary commission.
Final Checklist: SA Legal Compliance for Private Sellers
Before selling, ensure you have:
✅ Form 1 prepared before marketing
✅ Current searches and certificates
✅ Contract prepared by conveyancer or solicitor
✅ Full written disclosure of defects
✅ Deposit trust account arranged
✅ Cooling-off correctly explained
✅ Finance and inspection clauses drafted
Bottom Line
South Australia has one of the strictest vendor disclosure regimes in Australia. When followed correctly, it allows private sellers to sell legally, transparently, and confidently — without paying agent commission.
Done right, selling privately in SA is not risky — it’s simply informed.
See how to sell your property without an agent - Here
see how much you could save on commission - Here
See AirListers Pricing - Here
Last updated: January 2026
