Property transactions are legal transactions
Buying or selling a home is one of the most significant financial decisions most people make. It is also a legal process involving contracts, title searches, statutory disclosure obligations, and a settlement that must proceed correctly or risk serious consequences for both parties.
Our conveyancing team handles residential and commercial property transactions across South Australia, including Form 1 preparation, contract review, title searches, and settlement. We work alongside your real estate agent so that you can focus on the transaction itself, not the paperwork behind it.
What conveyancing involves
A property transaction in South Australia moves through three broad stages.
Pre-contract
Before a contract is signed, the seller must provide a Form 1 to the buyer. This is a statutory disclosure document required under the Land and Business (Sale and Conveyancing) Act 1994. It contains a mandatory Property Interest Report, a formal council search, and information about the property provided by the seller. It must be accurate and complete. An incorrect or incomplete Form 1 can invalidate the contract, even after settlement has occurred, and significant penalties may apply.
Pre-completion
Once the contract is signed, the conveyancing process moves to preparation for settlement. This includes drafting and lodging the memorandum of transfer and all relevant legal documents, researching the title for easements or encumbrances the buyer should know about, calculating rates and taxes, and coordinating with the buyer’s lender to confirm final payment arrangements.
Settlement
At settlement, ownership transfers formally from seller to buyer. Our team acts on your behalf throughout, ensuring the transaction proceeds correctly and that your interests are protected if any issue arises before or at settlement.
Acting for buyers
If we are acting for you as a buyer, our team will:
- Research the title of the property and identify any easements, encumbrances, or issues that may affect your ownership
- Review and clarify the contract of sale and all associated legal documents
- Draft and lodge the memorandum of transfer
- Calculate all rates, taxes, and adjustments
- Coordinate with your lender to confirm final payment
- Act on your behalf at settlement to ensure the transaction completes correctly
Acting for sellers
If we are acting for you as a seller, our team will:
- Prepare the Form 1 disclosure document accurately and in full
- Draft and lodge all relevant legal documents including the contract of sale
- Arrange discharge of any mortgage over the property
- Represent your interests in dealings with the buyer and their solicitor
- Protect the deposit and ensure the sale proceeds to settlement
The Form 1: what sellers need to know
The Form 1 is not optional and it is not a formality. Under sections 7 and 9 of the Land and Business (Sale and Conveyancing) Act 1994, the seller and their agent are required to provide this document to the buyer before the contract is signed.
The Form 1 must include a mandatory Property Interest Report obtained from approved government departments, a formal information search from the local council, and information about the property supplied by the seller. This includes disclosures about any manufacturing activities or dangerous substances on the land, any fences not on the true boundaries, and whether all improvements have been built in accordance with council-approved plans.
An incorrect or incomplete Form 1 can invalidate the contract even after settlement. This is not a document to prepare without experienced legal assistance. Significant penalties and court action can follow from errors.
When conveyancing intersects with your estate plan
Property is often the largest asset in an estate, and how it is owned determines what happens to it on death. Our team is well placed to advise on the conveyancing implications of ownership structures, including the difference between joint tenancy and tenants in common, and how each affects your Will and your estate plan.
If a property sale arises from a deceased estate, a property settlement following separation, or a change in ownership structure for estate planning purposes, our team handles all three areas. You will not need to brief multiple firms.
Ready to proceed
Whether you are buying, selling, or dealing with a property transaction that connects to a broader legal matter, our team will handle the conveyancing correctly and keep you informed throughout.
Book a conversation with our team. No obligation. No pressure. Just a clear picture of where you stand and what needs to change.