Form 1 vendor's statement in South Australia: a buyer's guide

In South Australia, the disclosure document you receive when buying a home is the vendor's statement, almost always called the Form 1. It sets out what is registered against the land, what council and government authorities have recorded, and your cooling-off rights. In SA the timing of the Form 1 also controls when your cooling-off period starts, which makes it more than background reading.

This guide explains what the Form 1 covers and what to check. It is general information, not legal advice.

What the Form 1 is

Consumer and Business Services (CBS) describes the vendor's statement (Form 1) as a legal document that gives important information about the property, such as mortgages and zoning, and anything that will limit how you can use or renovate the property, which may be called easements, caveats, covenants or encumbrances. CBS suggests a solicitor or conveyancer can help you understand it.

The Legal Services Commission's Law Handbook explains that the Form 1 is prescribed in Schedule 1 of the Land and Business (Sale and Conveyancing) Regulations 2025, and that where the vendor has a real estate agent, it is the agent's responsibility to prepare the Form 1 and make the inquiries needed to do so accurately.

When you should receive it

• Private sale. The Form 1 is served on the purchaser, often before or at the time the contract is signed. The Law Handbook notes that where the contract has already been signed, the Form 1 must be served at least 10 clear days before settlement.
• Auction. The Law Handbook states the Form 1 must be available at the agent's or auctioneer's office for 3 business days before the auction and at the auction site for at least 30 minutes before it starts. SA Government guidance also says the buyer's information notice (Form R3) must be available on the same timing and should be attached to the Form 1.

How the Form 1 links to cooling off

SA Government guidance states that in a sale by offer, the cooling-off period is 2 clear business days and begins when you receive the Form 1 or from the date the contract was signed, whichever happens last. No reason needs to be given.

The Law Handbook adds:

• The 2 business days do not include weekends, public holidays or the day the Form 1 is served.
• If the Form 1 is inaccurate, it is treated as defective and does not trigger the cooling-off period. A corrected Form 1 starts the period from the date of correction.
• If the Form 1 is not served, or the one served is inaccurate, the purchaser may have a right to rescind up until settlement.
• A cooling-off notice can be given in writing to the vendor or agent, including by email, and the purchaser bears the burden of proving it was given, so keep a copy and proof of sending.

There is no cooling-off period at auction. SA Government guidance notes that auction sales are unconditional.

What the Form 1 discloses

The Form 1 is a long, standardised schedule. The key parts for most buyers:

Title and registered interests

• Mortgages, caveats, liens and charges, and whether they will be discharged at settlement.
• Easements, rights of way, encumbrances and land management agreements.
• Covenants restricting use or building.

Planning and development

• The zone, subzone and overlays under the SA Planning and Design Code. The Law Handbook notes that from 19 March 2021 the Form 1 must contain updated information about the zone, subzone and overlay in line with the Planning Code.
• Development approvals, conditions and any notices or orders.
• Heritage listing.

Building matters

• Whether the vendor has been advised of aluminium composite panel (ACP) cladding on the exterior of the building, which the Law Handbook notes has been required since 19 March 2021.
• Building indemnity insurance details for recent building work, where applicable.

Charges and services

• Council rates, water and sewer charges, emergency services levy, and land tax.
• Outstanding amounts and adjustments.

Strata or community title

• Where the property is a strata or community lot, information about the corporation, contributions, and documents relating to the scheme.

The Form R3 buyer's information notice

Alongside the Form 1, agents must make available a buyer's information notice (Form R3). CBS says it is designed to help you think about how well the house will provide value, safety and enjoyment, and recommends you find out about matters such as asbestos, termite damage, illegal additions or alterations, nearby live music venues, energy efficiency, and alternative water connections and sources.

What to check

1. When was it served, and how? That date matters for cooling off.
2. Is the property description right? Title reference, lot and plan.
3. Mortgages and caveats. Will they be discharged?
4. Easements and covenants. Where do they run, and what do they limit? See easement on title.
5. Zone and overlays. Do they allow what you plan, such as an extension or second dwelling?
6. Approvals and notices. Any orders, or work done without approval?
7. ACP cladding answer.
8. Rates and charges. Add them to your budget.
9. Strata or community documents, if applicable.
10. Gaps. Any question left blank or answered "unknown".

What the Form 1 does not tell you

The Form 1 is about legal and statutory matters. It does not tell you the structural condition of the house, whether there are termites or whether the roof leaks. SA Government guidance recommends using an independent building consultant, surveyor or architect for a building report.

How ReadyToSign helps

ReadyToSign reads your Form 1 and contract, extracts mortgages, easements, encumbrances, zoning and overlays, approvals, cladding answers and charges, and flags blank or "unknown" answers. It highlights the service date as relevant to cooling off. Each finding links to the page it came from. It is not legal advice.

Get a report on your Form 1

Related: Cooling-off periods by state · Section 32 checklist (VIC)

Frequently asked questions

What is a Form 1 in South Australia?

The vendor's statement prescribed under the Land and Business (Sale and Conveyancing) legislation. It discloses matters such as mortgages, zoning, easements, caveats, covenants and encumbrances, and sets out the buyer's cooling-off rights.

How long is the cooling-off period in SA?

Two clear business days, starting from when you receive the Form 1 or sign the contract, whichever is later. Weekends, public holidays and the day of service do not count. There is no cooling off at auction.

What if the Form 1 is wrong or not given?

According to the Law Handbook, an inaccurate Form 1 does not trigger cooling off, and if the Form 1 is not served or is inaccurate, the purchaser may be able to rescind up to settlement. Get legal advice.

Who prepares the Form 1?

Where the vendor uses a real estate agent, the agent is responsible for preparing it and making the necessary inquiries. The vendor must give the agent accurate information.

What is the Form R3?

The buyer's information notice. It prompts buyers to check matters such as asbestos, termites, illegal additions, nearby live music venues, energy efficiency and alternative water sources.

Sources

• Consumer and Business Services SA, Buying a home (fact sheet): https://www.cbs.sa.gov.au/documents/buying-a-home-factsheet6187.pdf
• SA Government, Offers, auctions and buying off the plan: https://www.sa.gov.au/topics/housing/buying-building-selling/building-or-buying-home/home-sales
• Legal Services Commission SA, Law Handbook, Form 1: https://lawhandbook.sa.gov.au/ch23s09s01.php
• Legal Services Commission SA, Law Handbook, Cooling-off period: https://www.lawhandbook.sa.gov.au/ch23s08s08s01.php
• Land and Business (Sale and Conveyancing) Act 1994 (SA): https://www.legislation.sa.gov.au/lz?path=/c/a/land%20and%20business%20(sale%20and%20conveyancing)%20act%201994

General information only, not legal advice. Last reviewed 18 October 2026.