South Australia has drawn more interstate interest than most states. PropTrack found that 29% of enquiries to buy property in SA in 2023 came from buyers in another state, the highest share of any state that year. Those buyers meet a contract process with its own document, the Form 1, and one of the shortest cooling-off periods in the country.
Optimum Lawyers is a Parramatta property law firm that acts on South Australian purchases, sales and transfers for clients who live in other states. You sign from home.

Send us the contract and Form 1 before you sign
We offer a free initial contract assessment. It is a brief first look at whether the contract appears ready for a full paid legal review. It is not the full review, and it is not free conveyancing.
How an Adelaide purchase runs
- Form 1 comes first. The seller must serve a vendor’s statement, known as the Form 1, on the buyer. It sets out the title, encumbrances, rates and other particulars of the property.
- Cooling-off is short. It ends at the end of the second clear business day after the Form 1 is served on you. You cancel by written notice, and the seller can keep up to $100 of the deposit.
- No cooling-off at auction. If you are asked to waive cooling-off on a pre-auction offer, a solicitor has to sign a certificate that you were advised first.
What the Form 1 tells you, and what it does not
The Form 1 lists what is registered or recorded against the land: mortgages, easements, encumbrances, council and water rates, and notices affecting the property. It is not a building report. It tells you nothing about cracking, damp or termites, so keep a building and pest inspection in your plans and read the Form 1 before the cooling-off clock runs out.
Checks that are specific to Adelaide
- Trees. In metropolitan Adelaide, a tree with a trunk circumference of 1 metre or more is regulated, and 2 metres or more is significant. Removing either needs approval, which can affect a knock-down or a subdivision plan.
- Character and heritage areas. Older suburbs such as Unley, Norwood and North Adelaide include character and heritage areas under the state Planning and Design Code, which limit demolition and change.
- Adelaide Hills. Properties in the hills often come with bushfire requirements, tank water and on-site wastewater systems.
- Units and townhouses. Community and strata titles have their own corporation, levies and by-laws. Read the records before the cooling-off period ends.
Selling an Adelaide property from interstate
The Form 1 has to be prepared and served properly, because the buyer’s cooling-off period runs from its service. Every seller also needs an ATO clearance certificate, or the buyer must withhold 15% of the price at settlement. If the property is tenanted, the lease and bond are dealt with in the contract.
Transfers without a sale
We also act on transfers between partners, after a separation, from a deceased estate, and into or out of a trust or self-managed super fund. South Australian duty can apply even where no money changes hands, so get advice before anything is signed.
Lawyer or conveyancer?
South Australia has a strong conveyancer tradition, and a good conveyancer handles a straightforward Adelaide purchase well. A property lawyer can also advise on the contract and Form 1 before you sign, negotiate special conditions, and act for you if the sale is disputed. With two business days to cool off, the advice has to come quickly.
What clients say about our South Australian work
“I engaged Wisam for conveyancing to purchase an interstate investment property.”
Shady Soliman, Google review
Questions about conveyancing in Adelaide
How long is the cooling-off period in South Australia?
It ends at the end of the second clear business day after the Form 1 is served on you. The seller can keep up to $100 of the deposit if you cancel.
What is a Form 1?
The vendor’s statement a South Australian seller must serve on the buyer. It sets out the title, encumbrances, rates and other particulars of the property.
Is there a cooling-off period at auction?
No. A purchase at auction is binding when the hammer falls.
Can a NSW law firm act on an Adelaide purchase?
Yes. A solicitor holding a current Australian practising certificate can act on property in any state or territory.
I am a foreign buyer. Is there extra duty?
Yes. South Australia charges a foreign ownership surcharge on residential land on top of stamp duty. We confirm the current rate with the contract.
From Our Clients
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