Legal Project Management Plan & Checklist
Step-by-step plan for acting for a vendor of residential land in South Australia, from the Form 1 vendor's statement to e-settlement and discharge.
When must a South Australian vendor serve the Form 1 vendor's statement?: Section 7(1) of the Land and Business (Sale and Conveyancing) Act 1994 requires the vendor to serve a statement in the prescribed form, signed by the vendor, at least 10 clear days before the date of settlement. It sets out the purchaser's cooling-off rights and the particulars of mortgages, charges and prescribed encumbrances, and of the vendor's own acquisition if it happened within 12 months before the contract. For residential land the prescribed notice must be attached (section 13A(3)), and where an agent acts for the vendor the agent's certificate that the prescribed inquiries were made must be endorsed on or attached to the statement when it is served (section 9(1)(c)). The form is set by the Land and Business (Sale and Conveyancing) Regulations 2025, in force from 1 September 2025.
What happens if the vendor's statement is late or wrong?: The contract is not automatically void. Under section 15 the purchaser may apply to a court, which may avoid the contract, award damages or make other orders if satisfied the purchaser was prejudiced. Failing to comply with Part 2 is also an offence (section 14). Section 16 gives defences, including that the purchaser waived compliance after independent advice from a legal practitioner certified in the prescribed form.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
How much deposit can a vendor take before cooling-off ends?: Before the cooling-off period ends a vendor or stakeholder commits an offence by demanding or requiring payment of more than a $100 deposit for land, apart from option money (section 5(5)). If the purchaser rescinds, the vendor may keep only that deposit and any option fee (section 5(4)). Cooling-off does not apply to sales by auction, to a bidder who signs on auction day, or where the purchaser's lawyer has signed the Form 3 certificate (section 5(7)).
Does the vendor need an ATO clearance certificate?: For contracts signed on or after 1 January 2025 the ATO requires the purchaser to withhold 15% of the price at settlement unless each vendor provides a valid foreign resident capital gains withholding clearance certificate. The ATO says applications are free, can take up to 28 days, and that the first and last names on the certificate must match the certificate of title.
Jurisdiction: South Australia. The transfer and discharge of mortgage are registered under the Real Property Act 1886 (SA) through Land Services SA, and since 3 August 2020 the Registrar-General has required the electronically enabled dealings, including transfers, discharges of mortgage and survivorship applications, to be lodged electronically through an electronic lodgement network operator. Only a legal practitioner or registered conveyancer may prepare a conveyancing instrument for fee or reward (section 27 of the Land and Business (Sale and Conveyancing) Act 1994).
The Process at a Glance: The file opens with a conflict check, verification of the vendor's identity and authority and a signed client authorisation. The title is searched and compared with the vendor's details, any change of name or death of a joint proprietor is cleared from the register, ATO clearance certificate applications are lodged and the mortgagee is asked for its discharge requirements. The searches for the Form 1 are ordered, the statement is prepared and signed and served on the purchaser with the agent's certificate and the prescribed notice. The cooling-off period is diarised and the deposit is limited to $100 until it ends. About two weeks before settlement the electronic workspace is opened, the transfer signed, land tax, emergency services levy, council and water figures obtained, the mortgage payout confirmed and the settlement statement agreed. Settlement and lodgement happen together in the workspace, after which registration is confirmed and the vendor receives a final report.
Key Legislation: Land and Business (Sale and Conveyancing) Act 1994 (SA) - s 5 (cooling-off and deposits), s 6 (instalment contracts), s 7 (vendor's statement), s 9 (agent's certificate), s 10 (accuracy and amendment), s 11 (auctions), s 13A (prescribed notice), ss 14 to 17 (offences, remedies, defences and service) and s 27 (who may prepare conveyancing instruments). Land and Business (Sale and Conveyancing) Regulations 2025 (SA) - reg 8 and Form 1, reg 13 (prescribed inquiries), reg 32 (service by email) and Schedule 9 (transition). Real Property Act 1886 (SA) - s 96 (transfers), s 143 (discharge of mortgages), ss 155 and 156 (powers of attorney), s 188 (survivor of joint proprietors), s 240F (client authorisation) and s 273A (verification of identity). Foreign resident capital gains withholding: ATO guidance.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Property Sale (Vendor) - SA - Standard Residential Sale matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Real Estate cases, outlining the standard TRANSACTIONAL process. Utilize these tracking templates to manage your legal cases efficiently.
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
The vendor is verified and authorised, the register matches the vendor and clearance and discharge steps have started.
A compliant, signed Form 1 with its attachments has been served and the contract is signed.
Cooling-off has ended or does not apply, the deposit has been handled lawfully and the clearance certificate is in hand.
The transfer is signed, the discharge is in the workspace and the settlement statement is agreed.
Settlement and lodgement are complete, funds are received and possession is given.
Registration is confirmed and the vendor has a final report.
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