When you’re selling property in Adelaide, most of the stress doesn’t actually come from marketing, open inspections or finding a potential buyer. Most of the stress (and most of the delays) comes right at the end, when you’re trying to complete the contract, confirm legal requirements, finalise funds, and get everything ready for the property sale to legally proceed.
This is the point where people ask, “What do you actually need from me to get this sale filed and settled? ” and “What documents do I have to provide so we don’t miss the settlement date? ”
Below, we’ll walk you through the key property sale requirements Adelaide sellers should prepare, how the residential contract works in South Australia, what has to be in writing, what happens during the cooling-off period, and what both you and the buyer must do before the property can be transferred and paid for. We’ll also talk about how your real estate agent and your legal representative help manage the process so nothing gets missed.
Property Sale Requirements Adelaide: Core Documents We Need To Start The Process
Before we can confidently move your property from “on the market” to “sold”, we need to collect certain documents and various details about the property. This helps protect you, helps protect the buyer, and helps ensure the contract stands up if it is ever reviewed.
We will usually ask you for:
- Proof of ownership
We’ll need evidence that you are the legal owner of the land or apartment you are selling. This is usually in the form of a title or ownership record. In South Australia this shows that the property can in fact be sold and transferred to a purchaser. - Your full legal name and contact details
The residential contract and later settlement paperwork must match the legal name of the vendor. If you’re selling property jointly with another person, both you and the other party will need to be correctly identified. - The address of the property being sold
Even if it feels obvious, the formal address must be exact. A mistake in the address or lot reference can slow settlement. - Details of any mortgage or finance still secured over the property
If there’s still a loan against the property, your lender will be involved in the settlement to receive payment from the sale proceeds. We help manage this so funds can be released and ownership can be transferred. - Known special conditions
For example, if the property sale is subject to “the buyer obtaining finance approval”, or “the buyer being satisfied with building and pest inspections”, or “the buyer selling their own property first”, we need to know this. Special conditions must appear in writing, in the contract. - Fixtures and inclusions
What stays with the property? Window coverings? Light fittings? Dishwasher? Built-in units? Outdoor structures? Many disputes after a sale come from assumptions here. We get this in writing early so both parties are satisfied.
Providing these property sale requirements to Adelaide early helps avoid confusion later between parties in the contract. It also helps us, as your real estate agent, talk clearly to every potential buyer about what is being offered.
The Residential Contract in South Australia: What Goes In and Why It Matters
Once a buyer is ready to proceed, we move from general interest to a formal residential contract. This contract is where serious obligations begin for both you and the purchaser.
A standard residential contract in South Australia normally includes:
- Names of the parties
The vendor (you) and the purchaser (the buyer). - Price
The agreed purchase price that the buyer has offered and you have accepted. - Deposit
The amount the purchaser must pay as an initial deposit. In most cases this is paid shortly after signing, but the exact timing must be stated. - Settlement date
The agreed settlement date is the date when the balance of funds is paid, the paperwork is completed, and ownership is transferred. Settlement is effectively the finish line. - Special conditions
For example, “subject to satisfactory building and pest inspections”, “subject to finance approval”, or “subject to sale of the buyer’s previous property”. If special conditions exist, they must be written into the contract so they are enforceable. - Inclusions / exclusions
What is staying with the property at settlement and what is not?
Your real estate agent will guide you through these terms so you are aware of what you are agreeing to before you sign. You are not expected to read every clause alone and guess how it may affect you.
Cooling-Off Period, Cooling-Off Rights And When They Can Be Waived
In South Australia, most cases of purchasing residential property include a cooling-off period. This cooling-off period gives the purchaser time to reconsider shortly after signing the contract.
Here’s how that works:
- The cooling-off period usually lasts two clear business days after the purchaser receives the signed contract and required disclosure documents.
- During this period, the buyer can exercise their cooling-off rights and withdraw from the sale for almost any reason.
- If the buyer decides to withdraw before the cooling-off period expires, they must provide written notice. The written notice usually needs to be delivered in accordance with the rules — for example, by registered post, delivered by hand, or in another permitted way stated in the contract.
Important:
- The cooling-off period does not usually apply in certain circumstances, such as when the property is bought at auction.
- In some transactions, the cooling-off rights can be waived if the buyer receives independent legal advice about waiving them.
- If cooling off is waived, the buyer cannot later say, “I’ve changed my mind,” simply because it no longer suits them.
As the vendor, you should be aware that the property is not 100 percent “sold forever” until that period expires (unless it has been validly waived). Your real estate agent and your solicitor or conveyancer will explain how that affects your timeline and when you can treat the sale as secure.
Building And Pest Inspections: How They Affect The Contract
Many buyers in Adelaide, especially cautious buyers or first-time buyers, will make their offer “subject to building and pest inspections”. This is normal and, in practice, is one of the most common special conditions we see in South Australia.
What it means:
- The purchaser has the right to arrange building and pest inspections within a certain number of business days after signing the contract.
- If those inspections reveal something serious, and the contract allows it, the buyer can request that issues be addressed, can seek an adjustment, or in some cases can decide not to proceed.
For you as the vendor, this means two things:
- You should be honest up front about anything you’re already aware of. If a known building issue exists and you hide it, it may create a dispute later.
- You should expect a short review period after signing, where the purchaser and their representative look carefully at the property.
As part of the property sale requirements, Adelaide, it’s useful for us to know if you’ve had previous building reports, previous pest inspections, or recent major work done. If documents exist, we can sometimes provide them to give comfort to a serious buyer early in the process.
Deposit, Funds And Where The Money Goes
When the contract is signed, the purchaser usually pays a deposit. The deposit is often held in trust (for example, a trust account managed in accordance with South Australia requirements) until settlement.
Key points:
- The deposit is not the full price. It’s an initial sum paid to show the buyer is serious.
- The rest of the funds are paid at settlement.
- If a buyer cools off correctly within the legal cooling-off period, most of the deposit is typically refunded, except for a small amount that may be retained as allowed under the Act or contract.
- If the buyer walks away later in a way not permitted by the contract, the deposit can become a dispute between parties.
We will explain how the deposit is handled so you know what you’re entitled to, what gets paid, and when the payment becomes locked in.
Special Conditions And Why They Must Be In Writing
We touched on special conditions, but they deserve their own focus because they can affect your timing, your money and even whether the sale completes.
Special conditions might include:
- “Subject to finance”: The buyer’s bank must approve their finance within a set number of business days.
- “Subject to sale of buyer’s existing property”: The buyer must sell their current property first.
- “Subject to satisfactory building and pest inspections”: The buyer must be satisfied with the reports.
- “Subject to the vendor completing certain repairs before settlement”: You agree to fix or address an item before the settlement date.
Every special condition must be written clearly in the residential contract. If it’s not written, it usually won’t be enforceable later. Verbal promises made in conversation or on the phone are not enough.
As your real estate agent, we’ll help record these correctly so that both you and the purchaser know exactly what is expected. This protects both you and the buyer and removes confusion close to settlement.
Be Ready To Sell With Confidence: Get Your Adelaide Property Sale Requirements In Order
A property sale in Adelaide is not just “buyer pays price and you’re done”. It’s a structured legal process in South Australia with cooling-off rights, written notice rules, deposits, finance conditions, pest inspections, settlement dates and transfer of ownership. When you’re prepared, the sale feels controlled. When you’re not prepared, it can feel like a scramble.
If you’re planning on selling property privately or through us, or you’re already in talks with a potential buyer and want to make sure your contract and settlement are handled the right way, speak with Best Local Real Estate Agents. We’ll walk you through every step, make sure you’re aware of your legal requirements in South Australia, and help you proceed with confidence all the way to sold.
