Frequently asked questions

Before buying, you should understand your budget, obtain finance approval where possible, review the contract and Form 1, consider building and pest inspections, and speak with your conveyancer before signing anything. In South Australia, an offer must be in writing before it can be presented formally.

No. A real estate offer in South Australia must be made in writing and then a contract signed by both parties. A verbal conversation may indicate interest, but it is not a binding offer to purchase. An offer is not a contract until it is signed by both parties.

No. An agent may tell you that another offer exists, but they cannot disclose the details of that offer. Written offers must be retained and recorded and a vendor must have been advised of the offer within 48 hours. A buyer must have confirmation their offer was presented to the vendor within that time.

A Form 1 is the vendor’s statement required in South Australia. It provides important information about the property, including title details, zoning, encumbrances and statutory disclosures. Buyers should read it carefully and seek advice from a conveyancer, agent or solicitor.

Generally, residential buyers in South Australia have cooling-off rights after receiving the contract and Form 1, unless the property is purchased at auction or another exemption applies. Buyers should obtain legal advice before relying on cooling-off rights. You can waive your right to a cooling off period, but this must be done by a lawyer and a Form 3 waiver form completed.

If written permission (usually contained within a contract), has been signed, then the emailing of a Form 1 document to the buyer is deemed served. While it is best practice for the Form 1 to be signed by the buyer, the document is deemed served once emailed or physically handed to the buyer and cooling off begins.

In South Australia, buyers have two full business days. This does not include public holidays, so should a public holiday or weekend fall within that time, these are not to be counted as “business days”. Cooling off finishes at midnight on the second day. The deposit is then due the next day.

The agent’s role is to advise on strategy, pricing, presentation, marketing, buyer engagement, negotiation and contract process. Before acting for a seller, an agent must have a signed sales agency agreement.

A sales agency agreement must include key terms such as the method of sale, agreement duration, commission, marketing costs, estimated selling price, acceptable selling price, and whether the agent can accept offers on the seller’s behalf. Legislation requires an agent to furnish a copy of the fully executed agency agreement within 48 hours.

No. In South Australia, a residential sales agency agreement cannot exceed 90 days.

Yes. An agent can provide an estimated selling price, but it must be supported by recent comparable sales or other relevant information. The estimate must also be included in the sales agency agreement as a single figure, not a range.

Underquoting is when a property is marketed below the seller’s genuine acceptable price or below the agent’s reasonable estimate, in order to attract more buyers. It is taken seriously under South Australian real estate law and Consumer Business Services.

It depends on the property, market conditions, likely buyer demand and the seller’s objectives. Auction can create urgency and competition, while private treaty may suit properties where price certainty or a more measured campaign is preferred. Your agent will guide you through the pros and cons for both.

Strong campaigns usually combine accurate pricing advice, high-quality presentation, professional marketing, broad buyer reach, timely communication and experienced negotiation. The best results are rarely created by one thing alone, they come from a disciplined process.

A Prescribed Minimum Advertised Price is the higher of the Agent’s Estimated Selling Price and the Vendor’s Selling Price, both are shown as single figures in a signed agency agreement. Advertising or price representations cannot be below the PMAP and if a range is used, the upper limit of the range cannot be more than 10% above the lower limit.

Yes, we can assist you in helping you buy a property via private treaty or auction. There is usually a fee for our professional services, but please contact our office and speak to us for more information.

Yes. Anyone intending to bid at a residential property auction in South Australia must register before bidding. Registration gives you the right to bid but does not obligate you to bid. You must be over the age of 18.

To register, you must show acceptable proof of identity, such as a driver’s licence, passport, government-issued card, utility document, bank-issued card or local/foreign passport.

Yes. A person can bid on behalf of another buyer, but they must provide written authority and the required identification information (proxy bidder form). You can not bid at auction (that includes holding the paddle on behalf of the registered bidder), unless you have registered to bid. An auctioneer can not take a bid from a non-registered auction participant.

No. If you are the successful bidder at auction, the contract is usually unconditional. Buyers should complete their due diligence, finance approvals and legal checks before auction day.

If the seller decides to sell prior to auction, you can purchase the property but it is under auction conditions, meaning, you must waive your cooling off rights and sign a cash, unconditional contract.

A vendor bid is a bid made by the auctioneer on behalf of the seller. It must be declared clearly by the auctioneer and is used within the rules that apply to auctions.

When a property is announced as “on the market”, it usually means the reserve price has been met and the property will sell to the highest bidder, on the fall of the hammer, subject to the auction conditions.

For auction sales, once the acceptable selling price is set in the sales agency agreement, it cannot be increased. A reserve is set at no more than 10% of your agreed selling price or PMAP in the agency agreement.

The reserve protects the seller by setting the minimum price at which the property can sell under the hammer. It should be considered carefully with reference to buyer feedback, comparable sales and campaign momentum.

If the property doesn’t sell, the agent will usually negotiate with the highest bidder first, then continue discussions with other interested buyers. Many auction campaigns still result in a successful sale shortly after auction.

In South Australia, if a property is not sold at auction, the auctioneer can “hold over” the auction and re-open it later in the day. This way, there can be time for post auction negotiations and the buyer can purchase the property under auction conditions. If the auctioneer “passes in” the property on auction day, then the property can be purchased, but it will not be under auction conditions. This is why it is important to employ the right auctioneer when selling your home to ensure the auctioneer and agent understand the legislation correctly, and finalise an auction correctly, otherwise, a buyer could have rights to a cooling off period.

Yes. Sales representatives must be registered with Consumer and Business Services. They are employed by a registered land agent and are involved in selling land and businesses. They must carry their government identification with them at all times and their unique RLA number.

No. A sales representative registered “under supervision” must work under the direct supervision of a registered agent or an experienced registered sales representative.

No. Auctioneers must hold the appropriate qualification as either a land agent or sales representative with auctioneer authority.

You should expect clear advice, accurate records, transparent communication, proper handling of offers, compliant documentation, responsible marketing and experienced negotiation. A good agency should protect the process as carefully as it promotes the property.

An appraisal is an estimate of market price that is provided to you by a licensed real estate salesperson. This appraisal should be conducted using the latest sold statistics, based on like property in the same or similar area. Data is collected from multiple sources and analysed against the property being appraised. The summation method can also be applied which is land plus improvements less depreciation. A valuation is an estimation of a home’s market worth that is completed by a licenced valuer. Their valuation is a legally binding assessment.

South Australia introduced significant rental reforms from 1 July 2024, including prescribed reasons to end or not renew tenancies, increased notice periods, pet provisions, minimum housing standards and stronger protections for tenant information.

Tenants now have greater ability to keep pets in rental homes, subject to clear guidelines. Landlords may set reasonable conditions, such as requiring carpets to be cleaned at the end of the tenancy.

The reforms mean landlords generally need a prescribed reason to terminate a periodic tenancy or not renew a fixed-term lease, such as selling, renovating, occupying the property or tenant breach.

Rental properties must meet minimum housing standards at the start of a tenancy. Landlords and agents also have clearer responsibilities when tenants raise urgent repairs or housing standard concerns.

From 1 January 2026, residential landlords and agents must use South Australia’s standard rental application form, Form A1, when assessing prospective tenants. Each prospective tenant listed on the lease must complete a separate form.