Conveyancing

Conveyancing in South Australia

Buying a property in South Australia: the complete step-by-step guide

$850m+

in property transactions settled through PEXA

230+

five-star Google reviews

1,000+

property transactions

20+

years’ combined experience in big law and banking

Acting in every state and territory

  • NSW
  • VIC
  • QLD
  • WA
  • SA
  • TAS
  • ACT
  • NT

Value of property transactions settled through PEXA from September 2024 to 30 October 2026. Transaction count and Google reviews as at October 2026.

Buying in South Australia

How buying property works in South Australia

South Australia gives buyers some useful protections. The seller must give you a vendor’s statement, called a Form 1, with key information about the property, and most private sales come with a cooling-off period. But at 2 clear business days, it’s one of the shortest in the country. In practice, buyers often sign the contract first and only receive the Form 1 a few days later, so there’s very little time to review it and decide.

This guide walks you through each step of a typical South Australian purchase, what to look out for along the way, and where our team comes in.

The process

Buying in South Australia in eight steps

  1. Get your finance readyGet pre-approval from your lender and work out your budget, including stamp duty and other costs.
  2. Make an offerNegotiate through the agent, or bid at auction. An accepted offer isn’t binding until the contract is signed.
  3. Review the contract and Form 1We review the contract before you sign and the Form 1 as soon as it arrives, with advice informed by years of acting for major banks and lenders.
  4. Sign and cooling-offFor most private sales, you have 2 clear business days to cool off from the later of signing and receiving the Form 1.
  5. Conditions, inspections and financeSatisfy your finance and building inspection conditions by their deadlines, and confirm formal loan approval.
  6. Stamp duty and grantsWork out your stamp duty. Eligible first home buyers pay no duty on a new home or vacant land, and may get a $15,000 grant.
  7. Prepare for settlementAbout 7 days before settlement, we send you the statement of adjustments, a checklist and the funds you need to settle.
  8. Settlement and the keysSettlement happens electronically through PEXA, the balance is paid by your lender and you, and you collect the keys.

What’s included

What our South Australian conveyancing covers

What’s included can vary by property type. Your quote sets out exactly what’s covered.

Step by step

Each step in detail

1. Get your finance ready

Talk to your lender or mortgage broker early and get pre-approval, so you know how much you can borrow. Remember to budget for more than the price: stamp duty, lender’s fees, searches, inspections, insurance and our fees all add up.

If you’re a first home buyer buying a new home or vacant land, you may pay no stamp duty at all. See step 6.

2. Make an offer

Most properties are sold through an agent, by private treaty or at auction. You can negotiate the price, deposit, settlement date and conditions, but an accepted offer isn’t binding until the contract is signed.

If you’re buying at auction, there’s no cooling-off period, so do your checks and arrange your finance before auction day.

3. Review the contract and Form 1

The seller must give you a vendor’s statement, called a Form 1. It sets out key information about the property, such as the title, encumbrances like easements, and council and other government notices affecting the land.

In practice, buyers often sign the contract first and receive the Form 1 a few days later, usually by email directly from the agent. Your cooling-off period only starts on the later of signing the contract and receiving the Form 1. So if it arrives after you sign, you have just 2 clear business days from receiving it to review it and decide whether to go ahead. Watch your email closely, including your junk folder, and send the Form 1 to us the moment it arrives. If you miss the email, you can lose your cooling-off right without realising it.

We review the contract before you sign wherever we can, and turn the Form 1 around quickly within the cooling-off period. We explain anything unusual and negotiate special conditions where they’re needed.

Our advice draws on years of acting for Australia’s major banks and lenders. We’ve seen where transactions go wrong and the things that are often missed, so we know what to look for before it becomes a problem. You get the benefit of that experience. In other words, the benefit of hindsight.

This is also when to decide how you’ll hold title if you’re buying with someone else, as joint tenants or tenants in common. We’ll explain the difference and help you choose.

4. Sign and cooling-off

For most private sales, you can cool off within 2 clear business days after the later of the day you sign the contract and the day you receive the Form 1. If the Form 1 arrives after you sign, the 2 days run from when you receive it. To cool off, you must give the seller or their agent written notice in time. If you cool off, the seller can keep no more than $100 of any deposit, and must refund the rest. Our guide to the Form 1 and cooling-off explains the timing in detail.

There’s no cooling-off if you buy at auction. You can also waive cooling-off, for example to secure a property before auction, but only with a certificate from a lawyer confirming you’ve been advised. In practice, sellers rarely ask for this. Cooling-off only protects the buyer. The seller has no cooling-off right.

The deposit is typically 5% to 10% of the price. It’s usually paid once the cooling-off period ends, and held in the selling agent’s trust account until settlement.

5. Conditions, inspections and finance

If your contract includes a finance condition, you must make reasonable efforts to get the loan and give notice by the deadline if it isn’t approved. A building inspection condition can let you end the contract if the report shows significant defects.

The Form 1 tells you a lot about the title and the land, but not much about the condition of the building, so a building and pest inspection is still important. Act within the dates in the contract, or you lose the right. We track those dates for you.

6. Stamp duty and grants

Stamp duty is calculated on the greater of the price and the market value of the property, using the general rates. Above $500,000, duty is $21,330 plus $5.50 for every $100 over $500,000, so a $600,000 home attracts duty of $26,830. You can check your figure with the RevenueSA calculator. Duty is normally paid at settlement.

For contracts from 6 June 2024, eligible first home buyers pay no stamp duty on a new home or vacant land to build on, with no value cap. There’s no first home buyer duty relief for established homes. Eligible first home buyers of a new home may also get the $15,000 First Home Owner Grant, again with no value cap. Foreign buyers pay an additional 7% foreign ownership surcharge on residential land.

7. Prepare for settlement

Before settlement, we check the settlement adjustments for council rates, SA Water rates and the emergency services levy, plus strata or community corporation levies if they apply. We prepare your settlement statement and confirm the figures with your lender. About 7 days before settlement, we’ll email you a pre-settlement summary. It includes the statement of adjustments, what you need to do before settlement and exactly how much you need to have available to settle.

Book a final inspection to check the condition of the property and the inclusions.

8. Settlement and the keys

Settlement takes place electronically, usually through PEXA, Australia’s main digital property settlement platform. The balance of the price is paid by your lender and by you, depending on how much you’re borrowing. At the same time, stamp duty is paid, the transfer and your mortgage are lodged, and the seller’s loan is paid out. Once we confirm settlement, the agent releases the keys.

After settlement, we send you a final letter confirming the purchase.

Key differences

What’s different about buying in South Australia

The Form 1 vendor’s statement

The seller must give you a Form 1. It often arrives by email after you sign, and your 2-day cooling-off runs from then.

A 2-day cooling-off period

For most private sales you have 2 clear business days to cool off, one of the shortest periods in Australia.

Only $100 at risk

If you cool off, the seller can keep no more than $100. The rest of your deposit must be refunded.

Deposits of 5% to 10%

Deposits are typically 5% to 10% of the price, and are usually paid once the cooling-off period ends.

No duty on new first homes

Eligible first home buyers pay no stamp duty on a new home or vacant land, with no value cap.

Lawyer or conveyancer

Many South Australian buyers use a conveyancer. As a law firm, we can also advise you on the contract itself.

Lawyer or conveyancer?

Why use a law firm in South Australia?

In South Australia, settlements can be handled by a licensed conveyancer or by a lawyer. Conveyancers are experts in the settlement process, and many South Australian buyers use one.

With a cooling-off period of just 2 clear business days, there’s very little time to review the Form 1, especially when it arrives after you’ve signed. As a law firm, we can review the contract and turn the Form 1 around within the cooling-off period, sign the certificate in the rare case a seller asks you to waive cooling-off, deal with any dispute that arises, and handle the settlement, all in one place.

Why Hindsight

Why South Australian buyers choose us

Partner-supervised, every matter

Every purchase is supervised by one of our Founding Partners, who between them spent more than 20 years at Dentons, NAB and Macquarie Bank.

We know the lenders

We’ve worked inside major banks, so we understand what your lender needs and can resolve settlement issues quickly.

Fixed fees, quoted upfront

Get an instant online quote for our professional fee before you commit. Government and search fees are shown separately.

Fully digital, SA-wide

Documents, signing and settlement happen online, so we can act for you wherever you are in South Australia.

South Australian buyer guides

Our South Australian buyer guides

We’re adding detailed guides to buying in South Australia regularly.

The contract and your checks

All states

FAQs

Frequently asked questions

How long does it take to buy a property in South Australia?

Settlement periods are usually 30 to 60 calendar days, depending on what you agree with the seller. The time before that depends on how quickly you find a property and get your finance in place.

Is there a cooling-off period in South Australia?

Yes, for most private sales. You have 2 clear business days after the later of signing the contract and receiving the Form 1. There’s no cooling-off if you buy at auction.

What is a Form 1?

It’s the vendor’s statement the seller must give you, with key information about the property such as the title, encumbrances and government notices. It’s often emailed to you by the agent a few days after you sign, and your cooling-off period doesn’t start until you’ve received it, so watch your inbox.

Do first home buyers pay stamp duty in South Australia?

Not on an eligible new home or vacant land, for contracts from 6 June 2024, with no value cap. There’s no first home buyer duty relief for established homes.

Can you help if I live outside South Australia?

Yes. We work with buyers online and by phone, and settlement happens electronically, so you don’t need to be in South Australia.

Talk to us

Buying in South Australia?

Get an instant fixed-fee quote, or book a call and we’ll talk you through the process for your purchase.