Do I need a Form 1 to sell my property in South Australia?

Yes. Under the Land and Business (Sale and Conveyancing) Act 1994 (SA), the vendor must give the purchaser a signed Form 1 vendor statement disclosing encumbrances, mortgages and charges, easements, leases, zoning and planning code overlay information, heritage matters, ACP cladding advice, recent transaction history, and other prescribed matters. Either your estate agent or your conveyancer can prepare it.

What happens if my Form 1 is late or wrong?

It is an offence, punishable by a fine of up to $10,000, to fail to serve a Form 1 at least 10 clear days before settlement, or to serve one that is incomplete or incorrect. A purchaser who was not given a valid Form 1 can also apply to have the contract set aside or seek damages for any loss, and their right to do so can run up to settlement.

How much does it cost to sell a house in South Australia?

Conveyancing for a seller typically costs about $700 to $1,300 for the professional fee (a market estimate), often nearer the top of that range because of the Form 1 work, plus disbursements for the searches and certificates it requires. On top of conveyancing sit any mortgage discharge fee and estate agent commission, which is usually the largest selling cost. Sellers do not pay stamp duty.

Selling property in South Australia: costs and the Form 1 you must provide

Q: Do sellers pay stamp duty in South Australia?

No. Stamp duty is paid by the buyer, not the seller, on a standard residential sale. A seller's costs are the conveyancer or lawyer's professional fee, the Form 1 disbursements, any mortgage discharge fee charged by their lender, and estate agent commission. Any capital gains tax is a separate federal matter.

Selling in South Australia puts one legal obligation on you that shapes the whole transaction: you must give the buyer a signed Form 1 vendor statement (section 7), and if it is served late or is wrong, you commit an offence carrying a fine of up to $10,000. This guide covers what you must disclose, who does the work, what selling actually costs, how a mortgage is discharged, and what happens on settlement day from the vendor's side.

This guide provides general information only. It is not legal advice. For advice specific to your sale, engage a licensed South Australian conveyancer or property lawyer.

Key points

You must give the buyer a signed Form 1 vendor statement disclosing encumbrances, mortgages and charges, easements, planning zone and overlay details, and other prescribed matters.
A Form 1 served late (less than 10 clear days before settlement) or containing false or incomplete information is an offence, punishable by a fine of up to $10,000.
The estate agent markets the property and negotiates price; your conveyancer prepares the Form 1 and contract and runs settlement. They are different roles.
A seller does not pay stamp duty (that is a buyer cost). Your costs are the professional fee, the Form 1 disbursements, any mortgage discharge fee, and agent commission.
A South Australian conveyancer typically charges about $700 to $1,300 for a standard sale (market estimate); sellers often sit at the higher end because of the Form 1 work.

The seller's side of a South Australian sale

A South Australian sale puts real weight on getting one document right. Under the Land and Business (Sale and Conveyancing) Act 1994 (SA), you must give any purchaser a signed Form 1 vendor statement, and it must reach them (if not already given) at least 10 clear days before settlement. Unlike Victoria, you are not strictly required to hand it over before the contract is signed, but doing so, or serving it promptly afterwards, is what starts the buyer's cooling-off clock, and a late or inaccurate Form 1 is a criminal offence, not just a disclosure gap.

In broad order, selling in South Australia runs: appoint an estate agent and a conveyancer or lawyer; have your conveyancer prepare the Form 1 and the contract; market the property; accept an offer (private treaty) or sell under the hammer (auction); serve the Form 1 if it was not given already, and pass through the buyer's cooling-off period on a private treaty sale; and complete settlement, usually electronically, when the price is paid and title transfers out of your name.

Your Form 1 duty and what it must disclose

The Form 1 (its formal name is the vendor's statement) is required under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 and its supporting regulations. In practice, drawing on the categories confirmed across RevenueSA, AICSA and the Legal Services Commission's Law Handbook, it typically covers:

Encumbrances: mortgages, charges and other prescribed encumbrances affecting the land, and any lien or caveat registered against the title.
Leases and tenancies: any lease, agreement for lease, tenancy agreement or licence affecting the land.
Easements and restrictive covenants: rights over the land held by others, and restrictions on use or building.
Zoning and planning: the zone, subzone and overlay the land sits in under the SA Planning Code, updated in the Form 1 since 19 March 2021.
Heritage matters: any heritage listing or restriction on development and external alterations.
Aluminium Composite Panel cladding: whether you have been advised of ACP cladding on the building's exterior, required since 19 March 2021.
Recent transaction history: any transaction relating to the acquisition of the land within 12 months before the contract.
Strata and community title matters: if the property is a unit or lot, levies, sinking fund and insurance certificate details.

Gathering this is the bulk of the seller's conveyancing job, because most of the content comes from ordering searches and certificates from the titles office, the council and SA Water. The buyer-facing walkthrough of every category is in the Form 1 vendor statement guide.

What a late or defective Form 1 costs you

South Australia treats a Form 1 problem more seriously than a simple disclosure gap. Per the Law Handbook (Legal Services Commission of SA), it is an offence, punishable by a fine of up to $10,000, either to fail to serve a Form 1 on the purchaser at least 10 clear days before settlement, or to serve one that is incomplete or incorrect. On top of the fine, a purchaser who was not given a valid Form 1, or was given an inaccurate one, can apply to a court to have the contract set aside, or seek damages to cover any loss caused by the missing or wrong disclosure, and their right to do so can run all the way up to settlement.

This is exactly why sellers engage a conveyancer or lawyer to prepare the Form 1 rather than attempting it themselves: the searches must be accurate, and the timing rule (10 clear days before settlement if served after the contract) is a hard deadline, not a guideline.

Estate agent versus conveyancer: who does what

Two professionals are usually involved on the seller's side, and they do different jobs:

The estate agent markets the property, conducts inspections and the auction or private-treaty negotiation, and holds the deposit in trust. In practice, the agent is often the one who prepares the Form 1, since the Act allows either the agent or a conveyancer to do so, making all the necessary inquiries to do it accurately. An agent does not give legal advice.
Your conveyancer or property lawyer can prepare the Form 1 instead of the agent, prepares the contract of sale, orders the searches and certificates, advises on any disclosure issue those searches reveal, liaises with your lender to discharge a mortgage, and completes settlement. A licensed conveyancer handles a standard sale; a lawyer is worth using where the matter has a legal complication (a deceased estate, a dispute, a trust or company structure).

Even when the agent prepares the Form 1, you as the vendor must give them correct information, and the legal responsibility for its accuracy remains yours. If you are still weighing which professional to use for the rest of the transaction, our conveyancer versus solicitor guide explains the difference.

Seller conveyancing costs in South Australia

A seller's costs look different from a buyer's, because your conveyancer's core task is preparing the Form 1 and the contract rather than reviewing them. The main items are:

Cost item	Typical treatment	Paid to
Conveyancer or lawyer professional fee	About $700 to $1,300, often nearer the top for a sale (market estimate)	Your conveyancer or lawyer
Form 1 disbursements	Title search, council and SA Water certificates, zoning searches	Councils, SA Water, titles office (via your conveyancer or agent)
Mortgage discharge fee	Charged only if a loan is registered on the property	Your lender
Estate agent commission	Usually the largest selling cost; negotiated as a percentage of the sale price	Your estate agent
Stamp duty	Not payable by the seller (a buyer cost)	n/a

The professional-fee range is a market estimate for a standard residential matter (whichrealestateagent.com.au, 2026), not an official schedule. Disbursement amounts vary by council and property. Agent commission is set by your agency agreement, not by law. Any capital gains tax is a separate federal matter for your accountant, not a conveyancing cost. The full buyer-and-seller cost picture, with the duty and registry figures computed from official rates, is in the conveyancing cost South Australia guide.

Do sellers pay stamp duty in South Australia? No

Stamp duty is paid by the buyer, not the seller, on a standard residential sale. It is assessed by RevenueSA on the buyer's purchase and is often their single largest cost, but it is not a seller expense. If you are curious how much your buyer will pay, or you are selling one home to buy another, the stamp duty South Australia guide sets out the rates and a calculator.

Discharging your mortgage

If a loan is registered against the property, it must be discharged at settlement so the buyer takes clear title. Once you have a signed contract, tell your lender you are selling and request a discharge of mortgage; lenders typically ask for several weeks' notice and charge a discharge or administration fee. Your conveyancer coordinates the timing so the lender is ready to release its security in the electronic settlement workspace at the same moment the buyer's funds arrive. The loan balance is paid out of the sale proceeds before the remaining funds reach you.

Settlement day for the seller

Most South Australian settlements now complete electronically through the PEXA platform, so there is no in-person meeting. On the day, both conveyancers are in the settlement workspace with the agreed figures. At the settlement time, the buyer's funds are transferred, your mortgage (if any) is discharged from those funds, agent commission and your conveyancing costs are accounted for, and the net proceeds are paid to you. The transfer of title is lodged with Land Services SA, moving ownership to the buyer. Once settlement confirms, your agent releases the keys. You should have vacated and removed your belongings by the settlement time set in the contract, because the buyer is entitled to possession as soon as settlement completes.

After settlement, Land Services SA registers the transfer, the title updates to show the new owner, and your conveyancer provides a settlement statement showing how the proceeds were applied.

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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.