Form 1 vendor statement South Australia: what it discloses and the 10-day settlement deadline
In South Australia, before you buy a property, the seller must give you a signed Form 1 vendor statement. Unlike some other states, it does not have to arrive before you sign, but there is a hard deadline that does matter enormously: if the contract is already signed, the Form 1 must reach you at least 10 clear days before settlement, and getting that wrong, or getting the contents wrong, is a criminal offence carrying a fine of up to $10,000. This guide explains what it is, who prepares it, what it covers, and what you can do if it turns out to be wrong or late.
General information about Form 1 vendor statements in South Australia. It is not legal advice. For advice about a specific statement or contract, speak with a licensed South Australian conveyancer or property lawyer. About our editorial standards.
Which situation describes you?
The Form 1 is the same document in every South Australian sale, but what you look for depends on the property. Find your situation below.
| Situation | What to focus on in the Form 1 |
|---|---|
| Buying a unit or strata title property | The strata and community title section: levies, sinking fund balance and insurance. A large upcoming levy is a real cost. |
| Buying an older or established house | Encumbrances, easements and any heritage listing, plus whether ACP cladding advice has been disclosed. |
| Buying a rental or investment property | The leases and tenancies section, so you know exactly what tenancy you are inheriting. |
| Buying on the urban fringe or near a growth area | The zone, subzone and overlay section under the SA Planning Code, which controls what you can build. |
| Buying at auction | Everything, before the auction. The Form 1 is on public display for 3 business days beforehand; there is no cooling-off period to review it afterwards. |
What is a Form 1 vendor statement?
A Form 1, formally the vendor's statement, is a written disclosure statement the seller of land in South Australia must give a purchaser, required by section 7 of the Land and Business (Sale and Conveyancing) Act 1994 (SA) and its supporting regulations. It is not the contract of sale; it sits alongside it. The contract is the agreement to buy; the Form 1 is the seller's disclosure of what you are buying.
The distinctive feature of the South Australian Form 1, compared with the equivalent document in other states, is timing flexibility: it can legally be served either before or after the contract is signed. This gives sellers some practical room to sign a deal quickly and follow up with the statement, but it shifts real weight onto a strict deadline instead, covered next.
Who prepares the Form 1 and when you get it
The vendor (seller) is legally responsible for the statement's accuracy, but either the seller's estate agent or a conveyancer can prepare it, making all the necessary inquiries. Many South Australian agents routinely prepare the Form 1 themselves as part of listing a property, which is different from Victoria, where only the vendor's own conveyancer or lawyer typically prepares the equivalent Section 32.
You, the buyer, may receive the Form 1 before or after you sign the contract. If it is served after you sign, the law requires it to reach you at least 10 clear days before settlement, served personally or by registered post. It is advisable for the agent to get your signature acknowledging receipt, because of the consequences if the Form 1 is later disputed. At an auction, the Form 1 must be available for public inspection at the agent's or auctioneer's office for 3 business days before the auction, and for at least 30 minutes before the auction at the sale location itself.
What a Form 1 typically discloses
The Act and its regulations set out the particulars a Form 1 must contain. Drawing on RevenueSA, the Legal Services Commission's Law Handbook and professional summaries published by South Australian conveyancers, in practice the statement typically covers:
| Category | What it means for a buyer |
|---|---|
| Encumbrances | All mortgages, charges and prescribed encumbrances affecting the land, including any lien, notice of a lien, or caveat registered on the title. Tells you what must be discharged or satisfied before or at settlement. |
| Leases and tenancies | Any lease, agreement for lease, tenancy agreement or licence affecting the land. Relevant if you are buying an investment property with an existing tenant. |
| Easements and restrictive covenants | Rights other people or bodies hold over the land (such as access or drainage easements), and restrictions on what you can build or how you can use the land. |
| Zoning, subzone and overlay | The zone, subzone and overlay the land sits in under the SA Planning Code, updated in the Form 1 since 19 March 2021. This is where limits on development surface. |
| Heritage matters | Any heritage listing or restriction on development and external alterations, which can affect renovation plans and cost. |
| Aluminium Composite Panel (ACP) cladding | Whether the vendor has been advised of ACP cladding on the exterior of the building, a disclosure required since 19 March 2021 following cladding fire-safety concerns nationally. |
| Recent transaction history | Any transaction relating to the acquisition of the land within the 12 months before the contract of sale, a safeguard against undisclosed rapid on-selling. |
| Strata and community title matters | If the property is a strata or community title lot, details of levies, sinking fund and insurance certificates from the corporation. |
| Council and government notices | Notices, orders or approvals from the council or other public authorities affecting the land, including planning and building approvals. |
This list is a plain-English synthesis, not a verbatim reproduction of the regulations. Different published summaries group these particulars differently (some combine several into one item, others split them further), so treat this as a guide to what to look for rather than an official enumerated schedule. Your conveyancer will confirm every item that actually applies to your specific Form 1.
The 10-day settlement deadline and the $10,000 offence
This is the fact every South Australian seller, and every buyer relying on a Form 1 served after signing, needs to know. Under the Act, if the contract has already been signed, the vendor must give the purchaser the Form 1 at least 10 clear days before the settlement date. Confirmed independently by the Legal Services Commission's Law Handbook and by South Australian conveyancing firms, it is an offence, punishable by a fine of up to $10,000, either to miss that deadline or to serve a Form 1 that is incomplete or incorrect in some way.
Practically, this means a vendor cannot simply hand over the Form 1 whenever convenient once a contract is signed. If settlement is set for six weeks after signing, the vendor has until 10 clear days before that date, not a day later, and every particular in it needs to be accurate at the time it is served.
If the Form 1 is defective: your right to rescind
Beyond the fine, an inaccurate or late Form 1 gives the purchaser a real remedy. If a valid Form 1 is never served, or the one served is inaccurate, the purchaser has the right to rescind (unwind) the contract at any time up to settlement, well beyond the ordinary two-day cooling-off window. Even after settlement, a purchaser who was not given a valid Form 1, or was given an incorrect one, may apply to a court to have the contract set aside and be restored to their earlier position, or seek damages to cover their loss, for example the cost of restoration work required under the Heritage Act 1993 that the Form 1 failed to disclose.
How the Form 1 controls your cooling-off period
The Form 1's timing does more than satisfy a disclosure duty: it directly sets your cooling-off deadline. If the Form 1 is served before you sign, your 2 clear business day cooling-off period starts on the day you sign. If it is served after you sign, the cooling-off period does not start until the Form 1 is actually served, and a defective (inaccurate) Form 1 does not start the clock at all until it is corrected. This relationship between the Form 1 and the cooling-off period is unique to South Australia among the larger states, and it is explained in full in the cooling-off period South Australia guide.
Form 1 versus Victoria's Section 32 and NSW disclosure
All three states make sellers disclose before or around signing, but the mechanics differ. In Victoria, the Section 32 statement must always be given before the buyer signs. In New South Wales, there is no separate vendor statement at all; disclosure is built into the contract of sale through prescribed attachments, chief among them a planning certificate. South Australia sits between the two: it has a standalone statement like Victoria's, but, unlike Victoria, allows it to be served either before or after signing, with the 10-clear-day pre-settlement deadline as the backstop instead of a strict before-signing rule.
For the interstate comparisons, see the Section 32 vendor statement Victoria guide and the section 10.7 certificate NSW guide. To compare what buying costs in each state, see the conveyancing cost by state comparison.
What the Form 1 does not tell you
The statement is a disclosure of legal and administrative facts, not a survey of the building. It does not tell you whether the house is structurally sound, whether it has defects or pests, or whether encroachments or boundary measurements on the title are accurate. A Form 1 is not a substitute for:
- a building and pest inspection, which assesses the physical condition of the property;
- your own review of the contract terms (the Form 1 discloses; the contract binds);
- a due diligence check of things not required to be disclosed, such as flood history in some areas, neighbourhood plans, or the quality of past building work.
Treat the Form 1 as the legal picture and pair it with a physical inspection and a contract review to get the full one.
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Common questions
What is a Form 1 vendor statement in South Australia?
A Form 1 (the vendor's statement) is a written statement the seller must give a purchaser, disclosing the property's encumbrances, mortgages and charges, easements, leases, zoning and planning code overlay information, heritage matters, ACP cladding advice, recent transaction history and other prescribed matters. It is required by section 7 of the Land and Business (Sale and Conveyancing) Act 1994 (SA).
Who prepares the Form 1?
Either the seller's estate agent or a conveyancer can prepare it, making the necessary inquiries to do so accurately, though legal responsibility for its accuracy remains with the vendor. Many South Australian agents routinely prepare it themselves, unlike Victoria where only the conveyancer or lawyer does.
When must the Form 1 be given to the buyer?
It can legally be given before or after the contract is signed. If given after signing, it must reach the buyer at least 10 clear days before the settlement date. Missing that deadline, or serving an inaccurate Form 1, is an offence carrying a fine of up to $10,000.
Can I get out of a contract if the Form 1 is wrong?
Possibly. If a valid Form 1 is never served, or the one served is inaccurate, the purchaser can rescind the contract at any time up to settlement. Even after settlement, a purchaser can apply to a court to have the contract set aside or seek damages for any loss caused by the missing or incorrect disclosure.
How is a Form 1 different from Victoria's Section 32?
Both are standalone statutory vendor disclosure statements, but Victoria's Section 32 must always be given before the buyer signs. South Australia's Form 1 can be given before or after signing, with a 10-clear-day pre-settlement deadline as the backstop instead, and its timing also controls when the buyer's cooling-off period starts.
Does the Form 1 cover the condition of the building?
No. The Form 1 discloses legal and administrative facts such as encumbrances, zoning and easements. It does not tell you whether the building is structurally sound, free of defects or pests, or whether the title measurements are accurate. You still need a separate building and pest inspection and a contract review.
Conveyancing Explained provides general information about property transactions in Australia. It is not legal advice and does not create a client relationship. For advice on your situation, engage a licensed conveyancer, settlement agent, or property solicitor in your state or territory.