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Vendor disclosure by state

South Australia's Form 1: the vendor's statement

What a South Australian seller's Form 1 covers and leaves out, when you must receive it, how it starts your cooling-off period, and what you can do if it is missing or wrong.

Jurisdiction: South Australia only. Each state has its own disclosure law, so nothing here applies to a property in another state.Sources last verified: 22 Oct 2026By Delora editorial teamChange history

Key points

What the seller must give you, and when

  • The Land and Business (Sale and Conveyancing) Regulations 2025 (SA), in the version dated 1 September 2025, prescribe the Form 1 in four parts: Part A, parties and land; Part B, the purchaser's cooling-off rights and proceeding with the purchase; Part C, a statement with respect to required particulars; and Part D, a certificate with respect to prescribed inquiries by a registered agent. (Government of South Australia (Attorney-General's Department), verified 22 Oct 2026)
  • In South Australia, for a property sold at auction the Form 1 must be available at the auctioneer's office or vendor's agent for at least 3 consecutive business days before the auction, and at the auction site at least 30 minutes before it starts. When a property is not sold at auction, the Form 1 must be provided at least 10 clear days before the settlement date. SA.GOV.AU says it is preferable to seek the Form 1 before signing a contract, and that most agents provide it soon after the contract is signed. (Government of South Australia, verified 22 Oct 2026)
  • In South Australia, on a purchase that is not at auction, the cooling-off period of 2 clear business days begins when the buyer receives the vendor's statement (Form 1), or on the date the contract is signed if that is later. There is no cooling-off period if you buy at an auction or after the auction and on the same day the auction was held. A successful offer made before an auction does get a cooling-off period unless the buyer waives it, which needs a prescribed form signed by an independent legal practitioner. (Government of South Australia, verified 22 Oct 2026)

What the Form 1 covers, and what it does not

  • South Australia's Form 1 (vendor's statement) is a legal document, signed by the vendor, that must be factually accurate and complete. It gives information such as the property's title, mortgages, easements and zoning. If tenants live in the property, the lease period and details must be recorded in it, and details of the building indemnity insurance should be disclosed. It does not cover encroachments onto neighbouring properties, the condition of buildings (unless a housing improvement notice or other notice has been given), whether buildings comply with regulations (unless a fire safety notice has been issued), or whether measurements on the title are accurate. It is the buyer's responsibility to find out about anything the statement does not cover. (Government of South Australia, verified 22 Oct 2026)

If it is missing or wrong

  • Under section 5 of South Australia's Land and Business (Sale and Conveyancing) Act 1994 (version of 15 January 2026), a purchaser of land may rescind the contract by written notice to the vendor before the prescribed time. That is the end of the second clear business day after the contract was made, if the vendor's statement was served before it, or after the day the statement was served, if it was served later; or the time settlement takes place, whichever is earlier. The right does not apply where the sale is by auction, or to a contract made on the day of an auction by a bidder at that auction when the property was not sold there. (Government of South Australia (Attorney-General's Department), verified 22 Oct 2026)
  • Section 7(1) of the same Act requires the vendor to serve the vendor's statement at least 10 clear days before the date of settlement, and section 14 makes contravening that Part of the Act an offence with a maximum penalty of $10,000. (Government of South Australia (Attorney-General's Department), verified 22 Oct 2026)
  • Under section 15 of the same Act, where a vendor's statement is not given or certified as required, or is defective, the purchaser may apply to a court. If the court is satisfied the purchaser has been prejudiced by the failure, it may avoid the contract and restore the parties to their positions before it, award damages against the vendor (or an agent who failed in their duties), or make other orders that are just. (Government of South Australia (Attorney-General's Department), verified 22 Oct 2026)
  • The Law Handbook (SA), last revised 2 July 2021, says that if a Form 1 is not served, or is defective, the purchaser may have the right to rescind the contract at any time up until settlement, and after settlement may apply to a court to have the contract set aside or seek damages. It says a defective Form 1 does not start the cooling-off period, and that not serving one in time, or serving an incomplete or incorrect one, is an offence with a fine of up to $10,000. (Legal Services Commission of South Australia, verified 22 Oct 2026)

The first three points are the Land and Business (Sale and Conveyancing) Act 1994 itself; the last is the Law Handbook's 2021 summary of it, which does not mention the auction exception. Ask a conveyancer or solicitor how this applies to your contract.

What to look for

When to call a solicitor or conveyancer

Some rights here run for days, not weeks. These are the moments to get advice:

Buying in another state

Each state sets its own disclosure rules. Compare them on vendor disclosure documents by state, or go straight to Victoria, New South Wales, Queensland, Western Australia.

Practical checklist

Before you sign in South Australia

  • Get the seller's disclosure documents, and the contract, before you sign or bid
  • Have your own conveyancer, settlement agent or solicitor read them with you
  • List anything the documents do not cover, and find it out or make it a condition of the contract
  • Write down every deadline that runs from signing, receiving a document, or settlement

Relevant Delora tool

Tick off what the seller has given you in South Australia →

Questions for a professional

  • Have I been given every document the seller must give me, and on time?
  • Does anything in these documents limit how I can use the property, or cost me money later?
  • If something turns out to be missing or wrong, what can I do, and by when?
  • What does this document not cover, and how do I find that out?

Official resources

Important limitations: This is general information about the documents a seller gives a buyer in South Australia, not legal advice about any contract or property. The rules change; the date on each citation is when Delora last checked that source. A conveyancer, settlement agent or solicitor should confirm how they apply to your purchase before you rely on them.

Sources and methodology

Figures on this page are drawn from Delora's local knowledge graph, refreshed from these primary sources and checked for changes on a regular schedule. If a figure here looks out of date, the official source above is always the authority — please let us know.

Evidence record

Written by
Delora editorial team
Jurisdiction
South Australia only. Each state has its own disclosure law, so nothing here applies to a property in another state.
Content type
Guide (general information, not legal advice)
Last reviewed
2026-11-05
Sources
See "Sources and methodology" above for cited sources
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