Selling a House in South Australia: The Complete Process
To sell a house in South Australia you sign an agency agreement, have a Form 1 vendor’s statement prepared, market the home, then accept an offer or sell at auction. A buyer then has two clear business days to cool off, except at auction. Settlement usually follows four to twelve weeks after signing, handled by a conveyancer or solicitor.
Plain English, with links to the law. This is general information, not legal advice.
The ten steps of a sale in SA
- Get an appraisal. A price range from an agent who sells in your suburb. It is free. See house valuation Adelaide.
- Sign a sales agency agreement. Before you sign, the agent must give you the official guide (Form R1) and evidence of comparable sales. The agreement states the agent’s estimate of the selling price as a single figure, the fees and marketing costs, and runs for no more than 90 days.
- Have the Form 1 prepared. The vendor’s statement. Most sellers have a conveyancer or solicitor prepare it, and your agent checks it.
- Prepare and photograph the home. If it is tenanted, the tenant must get written notice first. See selling while tenanted, below.
- Go to market. An advertised price cannot be lower than the agent’s estimate or your acceptable price, whichever is higher. A price range can be no wider than 10%.
- Hold open inspections. Buyers see the home, and the agent reports their feedback to you.
- Take offers or go to auction. With a private sale, the agent can take a holding deposit of no more than $100 while the cooling-off period runs.
- Sign the contract. The Form 1 can be served on the buyer before or after signing, but it must be served at least 10 clear days before settlement.
- Cooling off. The buyer has two clear business days to withdraw. There is none at auction.
- Settle. Usually four to twelve weeks after signing, and almost always electronic. Your conveyancer lodges the transfer and you hand over the keys.
What is a Form 1 in South Australia?
The Form 1 is the vendor’s statement required by section 7 of the Land and Business (Sale and Conveyancing) Act 1994. The seller signs it, and it must be served on the buyer at least 10 clear days before settlement. A buyer’s information notice (Form R3) is attached to it.
It discloses mortgages, caveats, easements and other encumbrances, zoning and planning matters, notices from councils and government bodies, land tax, and strata details for a unit. It does not report on the building’s condition, which is why buyers often order a building inspection. sa.gov.au summarises what it contains.
The Form 1 must be accurate on the day it is served. If something changes before the buyer signs, an amendment must be served, and that gives the buyer a further two clear business days. If the statement is missing or wrong and the buyer is disadvantaged, a court can end the contract or award damages against the seller or the agent. Getting it right early protects the sale.
How does the cooling-off period work in SA?
A buyer of a home has two clear business days to cool off. The period starts when the contract is signed or when the Form 1 is served, whichever is later, and it ends at settlement if that comes first. Only the buyer has this right. The seller is bound once the contract is signed.
There is no cooling-off period:
- when the home is sold at auction
- when a bidder buys it on the same day after it is passed in at auction
- when the buyer’s lawyer signs a certificate waiving it (Form 3)
To cool off, the buyer gives the seller or the agent written, signed notice. No reason is needed. The buyer gets their money back, except that the seller can keep a deposit of $100 or less. Until the period ends, the seller cannot ask for a deposit of more than $100. CBS explains it for buyers.
What does it cost to sell a house in Adelaide?
| Cost | What to know |
|---|---|
| Agent’s commission | Negotiable, with no cap in SA law. It can be a percentage, a set fee or both, and is payable as the agency agreement says. |
| Marketing | Photography, floor plan, signboard and online listings. Each charge must be listed in the agency agreement with its cost and when it is paid. |
| Conveyancer or solicitor | Prepares the Form 1 and handles settlement. Ask for a written quote including search fees. |
| Mortgage discharge | Your lender’s fee to release the mortgage at settlement. |
| Capital gains tax | Usually only on an investment property, not your main home. Speak to your accountant. |
Wemark Real Estate sets out its commission and every marketing cost in writing in the agency agreement before you sign. sa.gov.au explains agency agreements and the official Form R1 guide.
Auction or private sale?
| Auction | Private sale | |
|---|---|---|
| Cooling off | None | Two clear business days for the buyer |
| Deposit and settlement | Usually a 10% deposit and 30-day settlement | Negotiated with each buyer |
| Timeline | A set auction date at the end of the campaign | Open until the right offer arrives |
| Certainty | Unconditional on the fall of the hammer | Can carry finance or building conditions |
| Suits | Homes with strong demand or hard to price | Most homes, especially with a narrower buyer pool |
Wemark Real Estate runs its own auctions. Our principal, Parm Singh, is a licensed auctioneer. More on how we sell on the sell page.
Can you sell a house while it is tenanted?
Yes. Under the Residential Tenancies Act, the tenant must get written notice of your intention to sell within 14 days of signing the agency agreement, and the home cannot be advertised or shown until 14 days after that notice. Buyers can be shown through no more than twice in any seven days, at times agreed with the tenant. sa.gov.au sets out the rules.
A fixed-term tenant can stay until the lease ends. On a periodic lease, the tenant must get at least 60 days’ notice once the contract requires vacant possession. Many investors sell with the tenant in place instead. If you are keeping the property, see our property management.
Where to start
Start with a free appraisal to see what the home is worth, check median prices by suburb and our recent sales, and read our Adelaide market forecast. CBS’s tips for selling are worth a read too.
What is your home worth?
Start with the address. You get a price range within 24 hours, and there is no obligation to sell.
Free and without obligation · a price range within 24 hours · no pressure to list
Where do we send it?
Your confirmation lands the moment you book.
Booked. Check your inbox.
We’ve emailed your confirmation. A Wemark sales specialist will be in touch to arrange a time.
Common questions
- Do I need a conveyancer to sell a house in SA?
- You are not legally required to use one, but in practice you will. Only a conveyancer or solicitor with electronic lodgement access can lodge the transfer at settlement, and most sellers have one prepare the Form 1.
- Can I sell my house while it is tenanted?
- Yes. Give the tenant written notice of the sale within 14 days of signing the agency agreement, and do not advertise or show the home until 14 days after that notice. Inspections are limited to two in any seven days.
- How long does settlement take in SA?
- Usually four to twelve weeks after the contract is signed, and it is negotiable. Auctions are commonly on a 30-day settlement.
- Can a buyer pull out after the cooling-off period?
- Not without consequences. Once the two clear business days have passed, the buyer is bound by the contract and its conditions, such as finance or a building inspection. A buyer who walks away without a right to can lose the deposit under the contract and face a claim from the seller.
- What is a Form 3 in South Australia?
- A certificate signed by the buyer’s lawyer, with the buyer’s waiver, confirming they had independent legal advice. When it is signed, the buyer has no cooling-off period.