Private Property Sales to Family or Friends in SA – Why Handwritten Deals Go Wrong

If you are selling to family or friends in South Australia using a handwritten or informal agreement, you may be setting everyone up for a dispute later.

Private deals can feel relaxed. You trust each other, you agree the price, and it feels heavy‑handed to involve formal documents too early. The problem is that lenders, regulators and, if things sour, the courts, do not rely on handshakes or text messages. They look at the contract, the Form 1 and the paperwork lodged with the authorities.

Without those, you risk:

• disagreements about price, inclusions or timing when memories differ

• finance delays or refusals because the bank needs a formal contract to assess the loan

• confusion about disclosure obligations and cooling‑off rights in a private sale

We prepare clear contracts that reflect what you have agreed in plain language. We also make sure any required Form 1 disclosure is handled properly, even if no agent is involved. That way, everyone understands the terms, the bank has what it needs, and you are not trying to fix gaps in the paperwork once money has changed hands.

If you are planning a private sale with someone you know in SA, please contact us before you sign or exchange money. Putting a proper contract and Form 1 in place up front is far easier than trying to rebuild the deal after a disagreement.

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.