Know which South Australian rules apply
Section 7 of the Land and Business (Sale and Conveyancing) Act 1994 (SA) requires prescribed particulars to be supplied in the vendor statement. Section 5 regulates cooling off, subject to its exclusions and notice requirements. For an eligible land purchase, the ordinary period is linked to two clear business days after the later relevant contract or statement service event. The right can end earlier at settlement. Have the dates, service method and any exception checked before relying on a deadline.
Check the information against your plans
Review title interests, easements, planning controls, statutory notices and other disclosed matters. Arrange building and pest investigations where appropriate. If a document is missing or appears inaccurate, seek advice about the available remedy rather than assuming the contract has automatically ended. Auction transactions and arrangements involving a waiver or other exclusion require particular care.
Marketing material is a different source of information
In Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592; [2004] HCA 60, the High Court considered an agent’s liability for information in a property brochure in its particular context. The case arose in NSW under earlier trade practices legislation; it does not determine a South Australian vendor’s Form 1 obligations. It illustrates why the source, adoption and qualification of a statement matter when assessing a misleading conduct claim.
Review before the commitment becomes difficult to reverse
Give your adviser the full contract, Form 1, marketing material and proposed finance arrangements. Record any promise important to your decision and consider whether it belongs in the contract. If funds are coming from China, allow realistic time for lawful transfers and verification. Foreign investment approval and purchaser tax status require separate checks rather than assumptions based only on residence in Adelaide.
Key legislation and cases
Author: Pei Ling Cao
Last updated: October 2026
Jurisdiction: South Australia, Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.