The legal side of a South Australian property sale is the same whether you sell privately or through an agent, and your conveyancer or solicitor does the heavy lifting. That means you can focus on the fun part: presenting your home and meeting buyers! This checklist sets out every step so you know exactly what's happening and when. Keep it handy while your PLBO campaign runs. It is general information, not legal advice.
1. Engage your conveyancer or solicitor
Do this when you choose your PLBO package. Your conveyancer prepares the Form 1 and contract, holds the deposit in trust and runs settlement. SA has plenty of experienced conveyancers who work with private sellers every day. Ask for a written, fixed quote.
2. Form 1 vendor's statement
- What it is: South Australia's statutory disclosure document. It covers the certificate of title, mortgages, easements and encumbrances, zoning and development matters, and outgoings such as council rates, SA Water and the Emergency Services Levy. It also sets out the buyer's cooling-off rights.
- Who prepares it: your conveyancer or solicitor, using searches from the Lands Titles Office, council and other authorities. As the seller, you make sure it's complete and accurate.
- When: for a private treaty sale, at least 10 clear days before settlement (SA.GOV.AU). In practice it's served before or at contract signing.
- If something changes: your conveyancer serves a notice of amendment, and the buyer gets a fresh cooling-off period.
Tip: start the Form 1 in week one. Having it ready before your first inspection shows buyers you're organised and lets you sign as soon as you agree terms.
3. The contract
- It must be in writing, and it's binding once both parties sign, subject to the buyer's cooling-off right.
- Include every agreed condition: finance, building and pest inspection, the sale of the buyer's own home, the settlement date and the inclusions (for example, dishwasher, curtains, garden shed).
- Your conveyancer prepares it using the standard SA forms.
4. Cooling-off
| Rule | Detail |
|---|---|
| Length | 2 clear business days |
| Starts | from the later of contract signing and Form 1 service |
| Excludes | weekends, public holidays and the day of service |
| How the buyer cools off | written notice, by hand, registered post, fax or email |
| Deposit | anything over $100 is refunded if the buyer cools off |
| No cooling-off | purchases at auction, or where waived with a solicitor's certificate |
Sources: Law Handbook SA, SA.GOV.AU. Once cooling-off ends, the contract proceeds to settlement on its terms.
5. Deposit
- Commonly around 10% of the price, though it's negotiable.
- Held in your conveyancer's or solicitor's trust account.
- The contract sets out when it's released and what happens if either party doesn't complete.
6. Tax
- ATO clearance certificate. Since 1 January 2025, buyers must withhold 15% of the price on every property sale, whatever the value, unless the seller gives them a valid ATO clearance certificate at or before settlement (ATO). Australian residents apply online for free. Do it the day you list.
- Capital gains tax. Your main residence is generally exempt. Investment properties are usually taxable, fully or partly. Your accountant can confirm your position.
- GST. Not normally payable on the sale of an existing home. It can apply to new residential property and commercial or business sales.
7. Settlement adjustments
Your conveyancer apportions the running costs so you pay only for the time you owned the property:
| Item | Adjusted to |
|---|---|
| Council rates | 30 June |
| Emergency Services Levy | 30 June |
| SA Water | end of the current quarter |
| Land tax | where it applies (for example, investment properties) |
| Strata or community corporation levies | the corporation's levy period |
Keep your accounts up to date and settlement will be smooth.
8. Safety and building items
- Smoke alarms: for homes approved before 1 January 1995, the new owner must install hardwired or 10-year sealed-battery alarms within six months of transfer (MFS). Compliant alarms already in place are worth mentioning in your listing.
- Approvals: keep council approvals handy for extensions, pools, carports and sheds. Buyers love a tidy set of documents.
- Pools and spas: make sure the barrier and gate are in good order before inspections.
9. Settlement day
Settlement is completed electronically by the conveyancers. Once funds clear, you hand over keys, remotes and anything listed in the contract, and you receive 100% of your sale proceeds, with no commission taken by PLBO. Keep your home insurance until settlement is complete.
Document checklist: gather these in week one
| Document | Where to get it | Why buyers want it |
|---|---|---|
| Certificate of title | your conveyancer (title search) | confirms ownership and any mortgages or easements |
| Form 1 vendor's statement | your conveyancer | the statutory disclosure every SA buyer receives |
| Council rates notice | your council | shows running costs |
| SA Water notice | SA Water | shows water costs |
| Emergency Services Levy notice | RevenueSA | used in settlement adjustments |
| Building approvals | your council | covers extensions, pools, sheds and granny flats |
| Strata or community corporation details | the corporation's manager | levies, minutes and the sinking fund balance (for units) |
| ATO clearance certificate | ATO online | makes sure you receive your full sale price |
| Inclusions list | you | shows exactly what stays with the home |
Having these ready shows buyers you're organised, and it speeds up everything from the first offer to settlement!
Put it into action
Follow the 8-week private sale plan for the order of work, and choose your PLBO package to get your campaign started. While your conveyancer takes care of the paperwork, PLBO puts your home in front of buyers on PLBO and across Domain, view, homely, Soho, realty, onthehouse and allhomes*. Let's get it sold!
*Availability on allhomes.com.au may depend on the property's location, listing type and applicable portal requirements.