Form 1 in South Australian Private Sales – You Still Need Proper Disclosure

If you think a private sale in SA means you can skip the Form 1, you may be putting the entire transaction at risk.

The obligation to provide proper Form 1 disclosure applies whether you sell through an agent or directly. The Form 1 is not just “extra paperwork”; it is the formal disclosure document that ties into the buyer’s cooling‑off rights. If it is incomplete, inaccurate or never properly served, the buyer may have extended rights to walk away long after you thought the sale was secure.

This can result in:

• buyers rescinding unexpectedly because of disclosure defects

• arguments about who was responsible for preparing or checking the Form 1

• settlement delays while the Form 1 is redone correctly at the last minute

We prepare or review the Form 1 for private sales, order the necessary searches and check that the information matches what you know about the property. We also advise on correct service so there is a clear record of when cooling‑off starts and ends. That gives you a more reliable sense of when the contract is genuinely “safe”.

If you are entering into or already have a private sale contract in SA, please contact us so we can handle the Form 1 properly and reduce the risk of late problems undermining a deal you thought was finalised.

Disclaimer: This is general information only and does not take into account your specific circumstances. Every property and transaction is different. We can only confirm how this applies to you after you contact us and we review your matter on a case‑by‑case basis.