If you’re looking to buy property in South Australia, particularly in Adelaide it’s important to understand how the local property rules differ from those in other parts of the country.
While many aspects of the buying process are similar across Australia, there are several key distinctions that interstate buyers should be aware of.
And if you get the process wrong it could result in your missing out on your property.
Let’s break it down across the major stages of a property purchase.
1. Vendor Disclosure
One of the biggest variations across states is the level of information the seller must disclose to potential buyers.
In South Australia, vendor disclosure is provided through a document known as the Form 1, which is legally required and very comprehensive.
However, this document is only provided after an offer has been made and accepted for a private sale. If a property is listed for public auction, the Form 1 must be available for review at least 3 business days in advance.
In contrast, in states like Victoria, vendor disclosure comes in the form of a Section 32 Statement, which is often available earlier in the process. New South Wales requires a Contract of Sale and Vendor Disclosure Statement to be prepared before a property is listed.
Compared to other states, South Australia’s Form 1 is particularly thorough, including:
- Certificate of Title
- Boundaries and Easements
- Encumbrances on the property
- History of planning approvals
- Council and water rates
- Emergency Services Levy
- Strata information (if applicable)
- Pool compliance certificates
- Notifications of serious crime or death at the property
Interestingly, some states like Tasmania have far less stringent disclosure requirements, which can leave buyers more exposed to unknown risks.
2. Advertising and Price Quoting
Unlike the eastern states where auctions dominate—particularly in Sydney and Melbourne—private treaty sales are the preferred method in Adelaide.
In South Australia, it’s common to see properties listed with a price range, but there’s no legal requirement to do so, and agents aren’t held accountable for misleading price guides. This differs sharply from Victoria, where agents must provide a Statement of Information with comparable sales and estimated price, and penalties apply for underquoting.
Many interstate buyers, particularly from Victoria or NSW, expect to see contracts and disclosure documents at this early stage. In Adelaide, however, these documents are not always made available until after an offer is accepted for private treaty sales.
3. Making an Offer and Contracts
As mentioned, the Form 1 is not issued until after an offer is accepted in a private sale. This document triggers the cooling-off period, which also varies by state:
- South Australia: 2 clear business days (starts once Form 1 is served and you have a fully executed contract in place)
- Victoria: 3 business days (penalties may apply if you withdraw)
- NSW: 5 business days
- WA: No statutory cooling-off period
For our clients we often prefer to conduct building and pest inspections during the cooling-off period, rather than including them as conditions in the contract. This can make your offer more competitive, as it avoids the need for “subject to” clauses.
Also worth noting in SA, it’s more common to engage a conveyancer rather than a solicitor for the legal work during settlement. Conveyancers are licensed professionals who specialise in property transactions and are often more cost-effective.
4. Deposits
Although a 10% deposit is standard across the country, in South Australia it’s often negotiated to 5%, particularly for first-home buyers or when the buyer shows strong intent. This deposit is typically due the day after the cooling-off period ends or auction day.
5. Auctions
It’s surprising just how much auction rules and practices can vary from state to state.
One consistent theme across the board, however, is that buying at auction typically means making an unconditional offer.
But what if you’re buying before or after the auction?
In Adelaide, if you negotiate a purchase before the auction, you’ll most likely need to proceed under auction conditions — meaning you’ll waive your cooling-off rights. If the property is passed in at auction, the highest bidder gets exclusive negotiation rights until midnight that day, and those negotiations still fall under auction conditions. After that point, the property is open to other interested buyers, and offers can include conditions and the standard two-business-day cooling-off period.
There are a few other key points to keep in mind:
- The Form 1 must be available for viewing at least three clear business days before the auction.
- If a price guide is advertised, the reserve price cannot be more than 10% above that guide.
- The auctioneer is allowed to make up to three vendor bids below the reserve price during the auction, but they must clearly identify each as a vendor bid.
6. Pre-Settlement Inspections
In many states, such as Victoria and NSW, it is standard practice to conduct a pre-settlement inspection to ensure the property is in the same condition as when the contract was signed. In South Australia, this is not a common expectation and must be specifically requested during the contract negotiation stage.
7. Settlement and Stamp Duty
Stamp duty is a major cost in any property transaction, and the amount payable differs significantly between states. In South Australia:
- Stamp duty rates are tiered and depend on the purchase price.
- There are different concessions available than in some other states.
For example, in Victoria and New South Wales, first-home buyers can benefit from exemptions or concessions on stamp duty, but these are generally capped based on the purchase price. In contrast, South Australia offers first-home buyers a stamp duty exemption on new builds without any purchase price limit.
Using online stamp duty calculators is crucial before submitting an offer, especially if you’re coming from interstate where different concessions or thresholds apply.
On settlement day there should be no need for interstaters or out of area people to travel to South Australia. Most settlements around Australia are now digital and use the PEXA system.
Final Thoughts
While South Australia’s property laws and practices share many similarities with the rest of the country, there are clear procedural and legal differences at every stage of the buying process—from price quoting and vendor disclosure to contracts and inspections. For interstate buyers, understanding these nuances can help avoid surprises and make the process smoother.
If you’re buying in Adelaide and want guidance navigating the local process, working with a knowledgeable local buyer agent and conveyancer is essential.