{"id":"land-and-business-sale-and-conveyancing-act-1994","name":"Land and Business (Sale and Conveyancing) Act 1994","slug":"land-and-business-sale-and-conveyancing-act-1994","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105673,"registerId":"sa-land-and-business-sale-and-conveyancing-act-1994-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Contracts for sale of land or businesses","content":"Part 2—Contracts for sale of land or businesses\n5—Cooling-off\n\t(1)\tSubject to this section, a purchaser under a contract for the sale of land or a small business may, by giving the vendor written notice before the prescribed time of the purchaser's intention not to be bound by the contract, rescind the contract.\n\t(2)\tThe notice may be given—\n\t(a)\tby giving it to the vendor personally; or\n\t(b)\tby posting it by registered post to the vendor at the vendor's last known address (in which case the notice is taken to have been given when the notice is posted); or\n\t(c)\tby transmitting it by fax or email to a fax number or email address provided by the vendor to the purchaser for the purpose (in which case the notice is taken to have been given at the time of transmission); or\n\t(d)\twithout limiting the foregoing, if an agent is authorised to act on behalf of the vendor—\n\t(i)\tby leaving it for the agent with a person apparently responsible to the agent at the agent's address for service; or\n\t(ii)\tby posting it by registered post to the agent at the agent's address for service,\n(in which case the notice is taken to have been given when the notice is left at or posted to that address).\n\t(3)\tIf in any legal proceedings the question arises whether a notice has been given in accordance with this section, the onus of proving the giving of the notice lies on the purchaser.\n\t(4)\tIf a contract is rescinded under this section, the purchaser is entitled to the return of money paid under the contract, but the vendor may retain money paid by the purchaser—\n\t(a)\tin consideration of an option to purchase the land or small business subject to the sale; or\n\t(b)\tby way of deposit in respect of the sale if the deposit does not exceed—\n\t(i)\t$100; or\n\t(ii)\tif a greater amount is fixed by regulation—that amount.\n\t(5)\tA vendor or stakeholder who, before the prescribed time, demands or requires the payment of money by a purchaser in respect of the sale of land or a small business other than—\n\t(a)\tmoney payable in consideration of an option to purchase the land or small business; or\n\t(b)\ta deposit—\n\t(i)\tin the case of the sale of land—of $100 or such greater amount as may be fixed by regulation; or\n\t(ii)\tin the case of the sale of a small business—of an amount not exceeding 10% of the total consideration for the sale specified in the contract,\n\t(6)\tIn proceedings for an offence against subsection (5), if it is proved that the defendant received money from the purchaser, it will be presumed, in the absence of proof to the contrary, that the defendant demanded or required the payment of that money.\n\t(7)\tThis section does not apply in respect of a contract for the sale of land or a small business where—\n\t(a)\tin the case of a contract for the sale of land other than residential land, the purchaser is a body corporate; or\n\t(b)\tthe purchaser has, before entering into the contract, received independent advice from a legal practitioner and the legal practitioner has signed a certificate in the form approved by regulation as to the giving of that advice; or\n\t(c)\tthe sale is by auction; or\n\t(d)\tthe land or business is offered for sale, but not sold, by auction and a person by whom, or on whose behalf, a bid for the land or business was made at the auction enters into the contract on the same day as the auction; or\n\t(e)\tthe sale is by tender and the contract is made—\n\t(i)\tin the case of the sale of land—not less than five clear business days after the day fixed for the closing of tenders and not less than two clear business days after the vendor's statement is served on the purchaser; or\n\t(ii)\tin the case of the sale of a small business—not less than five clear business days after the day fixed for the closing of tenders and not less than five clear business days after the vendor's statement is served on the purchaser; or\n\t(f)\tthe contract is made by the exercise by the purchaser of an option to purchase the land or business subject to the sale and the option is exercised—\n\t(i)\tin the case of the sale of land—not less than five clear business days after the grant of the option and not less than two clear business days after the vendor's statement is served on the purchaser; or\n\t(ii)\tin the case of the sale of a small business—not less than five clear business days after the grant of the option and not less than five clear business days after the vendor's statement is served on the purchaser; or\n\t(g)\tin the case of a contract for the sale of a small business (including any such contract that also provides for the sale of land), the vendor's statement has been served on the purchaser not less than five clear business days before the making of the contract; or\n\t(h)\tin the case of a contract for the sale of land, the contract provides also for the sale of a business that is not a small business.\n\t(8)\tIn this section—\nagent's address for service of a notice means the address last notified to the Commissioner as the agent's address for service under the Land Agents Act 1994 or an address nominated by the agent to the purchaser for the purpose of service of the notice;\nprescribed time means—\n\t(a)\tin relation to the sale of land—\n\t(i)\twhere the vendor's statement is served on the purchaser before the making of the contract—the end of the second clear business day after the day on which the contract was made; or\n\t(ii)\twhere the vendor's statement is served on the purchaser after the making of the contract—the end of the second clear business day from the day on which the statement was served,\nor the time settlement takes place (whichever is the earlier);\n\t(b)\tin relation to the sale of a small business—\n\t(i)\tthe end of the fifth clear business day after the day on which the vendor's statement is served on the purchaser; or\n\t(ii)\tthe time settlement takes place,\nwhichever is the earlier.\n6—Abolition of instalment purchase or rental purchase arrangements\n\t(1)\tA contract for the sale of land or a business that provides for the payment of part of the purchase price of the land or business (except a deposit) before the date of settlement is void.\n\t(2)\tMoney paid under a contract that is void under subsection (1) may be recovered by action in any court of competent jurisdiction.\n\t(2a)\tA contract under which a person has—\n\t(a)\ta right or obligation to purchase land; but\n\t(b)\tan obligation to pay rent in respect of a period of occupation of the land of more than 6 months before the right is exercised or the purchase completed,\nis voidable at any time at the option of that person.\n\t(2b)\tA person will not be taken to have elected to affirm a contract that is voidable under subsection (2a) by reason of a payment made under the contract.\n\t(2c)\tIf a person avoids a contract that is voidable under subsection (2a), the person may, by action in any court of competent jurisdiction, recover any amount paid under the contract in excess of what would have been fair market rent for any period for which the person has occupied the land under the contract.\ndeposit means an amount paid by a purchaser in a lump sum, or in not more than three instalments, towards the purchase price of land or a business before the date of settlement;\nrent includes any amounts payable in respect of a right to occupy land.\n\t(4)\tThis section does not apply in relation to—\n\t(a)\ta contract for the sale of land by the South Australian Housing Trust; and\n\t(b)\ta contract for the sale of land by a body specified by regulation; and\n\t(c)\ta contract for the sale of land of a kind prescribed by the regulations.\n7—Particulars to be supplied to purchaser of land before settlement\n\t(1)\tA vendor of land must, at least 10 clear days before the date of settlement, serve, or cause to be served, on the purchaser a statement in the form required by regulation (signed by the vendor) setting out—\n\t(a)\tthe rights of a purchaser under section 5; and\n\t(b)\tthe particulars required by regulation of—\n\t(i)\tall mortgages, charges and prescribed encumbrances affecting the land subject to the sale; and\n\t(ii)\tif the vendor acquired a relevant interest in the land within 12 months before the date of the contract of sale—all transactions relating to the acquisition of the interest occurring within that period; and\n\t(iii)\tany prescribed matters.\n\t(2)\tFor the purposes of subsection (1)(b)(ii), where a person enters into a transaction for the purpose of obtaining title to land and an instrument of transfer, conveyance or other instrument relating to the transaction is lodged at the Land Titles Registration Office or the General Registry Office, the person will be taken to have obtained title to the land not later than the day on which the instrument of transfer, conveyance or other instrument is so lodged.\n\t(3)\tThe statement need not include reference to charges arising from the imposition of rates or taxes less than 12 months before the date of service of the statement.\n\t(4)\tThis section—\n\t(a)\tapplies only to the sale of land where the interest being sold is an estate in fee simple or leasehold interest granted by the Crown under an Act;\n\t(b)\tdoes not apply where land is sold under a contract for the sale of a business.\nacquired a relevant interest in the land means—\n\t(a)\tobtained title to the land; or\n\t(b)\tobtained an option to purchase the land; or\n\t(c)\tentered into a contract to purchase the land (whether on the vendor's own behalf or on behalf of another); or\n\t(d)\tobtained an interest in the land of a category prescribed by regulation for the purposes of this definition.\n8—Particulars to be supplied to purchaser of small business before settlement\n\t(1)\tA vendor of a small business must, at least five clear business days before the date of settlement, serve, or cause to be served, on the purchaser a statement in the form required by regulation (signed by the vendor) setting out—\n\t(a)\tthe rights of a purchaser under section 5; and\n\t(b)\tthe prescribed particulars in relation to the business; and\n\t(c)\twhere land is sold under the contract for sale of the business—the particulars that would be required in a vendor's statement under section 7 if the land were sold separately.\n\t(2)\tThe statement must have endorsed on, or attached to, it a certificate in the form required by regulation (signed by or on behalf of a qualified accountant, not being the vendor) certifying—\n\t(a)\tthat the accountant or a person acting on behalf of the accountant has examined the accounts of the business; and\n\t(b)\tthat the financial particulars disclosed under subsection (1)(b) appear to be in conformity with the accounts.\n9—Verification of vendor's statement\n\t(1)\tWhere a vendor's statement is required to contain particulars in relation to land, and an agent acts on behalf of the vendor—\n\t(a)\tthe agent must ensure that the prescribed inquiries are made into the matters as to which particulars are required in the statement; and\n\t(b)\tthe agent must sign a certificate in the form required by regulation—\n\t(i)\tthat the responses to the inquiries confirm the completeness and accuracy of the particulars contained in the statement; or\n\t(ii)\tthat, subject to stated exceptions, the responses to the inquiries confirm the completeness and accuracy of those particulars; and\n\t(ba)\tthe agent must ensure that a copy of the certificate is given to the vendor within 48 hours after the signing of the certificate; and\n\t(c)\tthe vendor must ensure that the certificate is endorsed on, or attached to, the vendor's statement at the time of service on the purchaser.\n\t(2)\tWhere a vendor's statement is required to contain particulars in relation to land and no agent acts on behalf of the vendor but an agent acts on behalf of the purchaser—\n\t(a)\tthe agent must ensure that the prescribed inquiries are made into the matters as to which particulars are required in the statement; and\n\t(b)\tthe agent must sign a certificate in the form required by regulation—\n\t(i)\tthat the responses to the inquiries confirm the completeness and accuracy of the particulars contained in the statement; or\n\t(ii)\tthat, subject to stated exceptions, the responses to the inquiries confirm the completeness and accuracy of those particulars; and\n\t(ba)\tthe agent must ensure that a copy of the certificate is given to the vendor within 48 hours after the signing of the certificate; and\n\t(c)\tthe agent must serve the certificate or cause it to be served on the purchaser—\n\t(i)\twhen the vendor's statement is required under section 7—at least ten clear days before the date of settlement;\n\t(ii)\twhen the vendor's statement is required under section 8—at least five clear business days before the date of settlement.\n10—Variation of particulars\n\t(1)\tA vendor's statement must be accurate as at the date of service on the purchaser.\n\t(2)\tIf after the service of a vendor's statement but before the purchaser signs the contract circumstances change so that if a fresh statement were to be prepared there would have to be some change in the particulars contained in the statement, then the vendor's statement will be regarded as defective until a notice of amendment is served and when such a notice is served it will be presumed that the vendor's statement was served, as amended by the notice, on the date of service of the notice.\n11—Agent or auctioneer to make statements available before auction\n\t(1)\tIf land or a small business is to be offered for sale by auction, the following provisions apply:\n\t(a)\tif an agent is acting on behalf of the vendor in the sale, the agent must ensure that—\n\t(i)\tthe vendor's statement is available for perusal by members of the public—\n\t(A)\tat the office of the agent or auctioneer for at least 3 consecutive business days immediately preceding the auction; and\n\t(B)\tat the place at which the auction is to be conducted for at least 30 minutes immediately before the auction commences; and\n\t(ii)\tall reasonable steps are taken to give prospective purchasers notice of the times and places at which the vendor's statement may be inspected before the auction;\n\t(b)\tif no agent is acting on behalf of the vendor in the sale, the auctioneer must ensure that the vendor's statement is available for perusal by members of the public—\n\t(i)\tat the office of the auctioneer for at least 3 consecutive business days immediately preceding the auction; and\n\t(ii)\tat the place at which the auction is to be conducted for at least 30 minutes immediately before the auction commences.\n\t(2)\tAn agent will be taken to have complied with subsection (1)(a)(ii) in relation to a prospective purchaser if the agent or a sales representative employed by the agent—\n\t(a)\tincorporates the notice with promotional material for the sale that the agent or sales representative delivers to the purchaser; or\n\t(b)\toffers to deliver the notice, or promotional material for the sale incorporating the notice, to the purchaser but the purchaser refuses to take it; or\n\t(c)\tpublishes the notice in a prominent position—\n\t(i)\tin promotional material for the sale on the agent's website or in a newspaper circulating generally throughout the State or the area in which the land or business is situated; or\n\t(ii)\ton the signboard advertising the sale at the land or at the premises of the small business.\n12—Councils, statutory authorities and prescribed bodies to provide information\n\t(1)\tA council must within eight clear business days after receiving a request for information under this section provide the applicant with information reasonably required as to—\n\t(a)\tany charge or prescribed encumbrance over land within the council's area of which the council has the benefit; or\n\t(b)\tinsurance under Division 3 of Part 5 of the Building Work Contractors Act 1995, in relation to a building on land within the council's area.\n\t(2)\tA statutory authority or prescribed body must within eight clear business days after receiving a request for information under this section provide the applicant with information reasonably required as to—\n\t(a)\tany charge or prescribed encumbrance over land of which the statutory authority or prescribed body has the benefit; or\n\t(b)\tany other prescribed matter.\n\t(3)\tAn application under this section must be accompanied by the fee fixed by regulation and any documents that are, in accordance with the regulations, to accompany the application.\n13—False certificate\nA person who gives a certificate under this Part knowing it to be false in a material particular is guilty of an offence.\nMaximum penalty: $20 000 or imprisonment for 1 year.\n13A—Prescribed notice to be given to purchaser\n\t(1)\tA vendor of residential land must take all reasonable steps to deliver the prescribed notice to a purchaser when the purchaser is present on the land at the invitation of the vendor in order to inspect the land prior to its sale.\n\t(2)\tA vendor of land will be taken to have complied with subsection (1) in relation to a purchaser who is present on the land if the vendor—\n\t(a)\tincorporates the prescribed notice with promotional material that the vendor delivers to the person; or\n\t(b)\toffers to deliver the notice, or promotional material incorporating the notice, to the person but the person refuses to take it; or\n\t(c)\thas delivered the notice, or promotional material incorporating the notice, to the person when the person has been present on the land on a previous occasion; or\n\t(d)\tin the case of an inspection that is open to the general public—displays the notice in a prominent position on the land and so as to indicate to persons inspecting the land that a copy of the notice may be taken by those persons.\n\t(3)\tA vendor of residential land must ensure that the prescribed notice is attached to a vendor's statement when the vendor's statement is served on a purchaser under this Part.\n\t(4)\tAn auctioneer who proposes to offer residential land for sale by auction must ensure that the prescribed notice is attached to a vendor's statement when the vendor's statement is made available for perusal by members of the public before the auction.\n\t(5)\tIf an agent is acting on behalf of a vendor of residential land in connection with sale of the land, this section applies as if the obligations imposed by this section on the vendor were instead imposed on the agent.\n\t(6)\tIn this section—\nprescribed notice means a notice, in the form prescribed by regulation, containing information of the kind required by regulation relating to matters concerning land that might adversely affect—\n\t(a)\ta purchaser's enjoyment of the land; or\n\t(b)\tthe safety of persons on the land; or\n\t(c)\tthe value of the land.\n14—Offence to contravene Part\nA person who contravenes or fails to comply with a provision of this Part other than section 13 (whether or not the contravention or non-compliance is declared to be an offence) is guilty of an offence.\nMaximum penalty: $10 000.\n15—Remedies\n\t(1)\tWhere a vendor's statement is not given or certified as required by this Part, or the statement given is defective, the purchaser may apply to a court of competent jurisdiction for an order under this section.\n\t(2)\tOn the hearing of an application under subsection (1) the Court may, if satisfied that the purchaser has been prejudiced by the failure to comply with this Part, exercise any one or more of the following powers:\n\t(a)\tavoid the contract and make such other orders as the Court thinks necessary or desirable to restore the parties to the contract to their respective positions before entering into the contract;\n\t(b)\taward such damages as may, in the opinion of the Court, be necessary to compensate loss arising from the non-compliance;\n\t(c)\tmake such other orders as may be just in the circumstances.\n\t(3)\tDamages may be awarded under subsection (2)(b) against—\n\t(a)\tthe vendor;\n\t(b)\tif it appears that the purchaser has been prejudiced by a failure on the part of an agent to carry out duties imposed by this Part—the agent,\nor both.\n16—Defences\nIt is a defence to a charge of an offence, or to civil proceedings, under this Part arising from an alleged contravention or non-compliance with a requirement of this Part if the defendant proves—\n\t(a)\tthat the alleged contravention or non-compliance was unintentional and did not occur by reason of the defendant's negligence or the negligence of an officer, employee or agent of the defendant; or\n\t(b)\tthat the alleged contravention or non-compliance was due to reliance on information provided by a person or body to which an inquiry to obtain the information is, in accordance with the regulations, required to be made; or\n\t(c)\tthat—\n\t(i)\tthe purchaser received independent advice from a legal practitioner in relation to waiving compliance with that requirement; and\n\t(ii)\tthe legal practitioner signed a certificate in the form required by regulation as to the giving of that advice; and\n\t(iii)\tthe purchaser waived compliance with that requirement by signing an instrument of waiver in the form required by regulation.\n17—Service of vendor's statement etc\nA vendor's statement, a notice of amendment to a vendor's statement or a certificate of an agent acting on behalf of a purchaser may be served on a purchaser—\n\t(a)\tby delivering it to the person personally; or\n\t(b)\tby posting it by registered post to the person at the person's last known address.\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Subdivided land","content":"Part 3—Subdivided land\n18—Obligations and offences in relation to subdivided land\n\t(1)\tA person who, in order to induce another person (the prospective purchaser) to purchase subdivided land states—\n\t(a)\tthat the person or some other person will buy at a profit to be received by the prospective purchaser other land or a chattel then owned by the prospective purchaser; or\n\t(b)\tthat the person or some other person will at some future time obtain for the prospective purchaser a profit on the subdivided land or part of it,\nMaximum penalty: $5 000 or imprisonment for 1 year.\n\t(2)\tA contract for the sale of subdivided land or an interest in subdivided land is (except where the sale is by public auction) voidable at the option of the purchaser at any time within six months after the making of the contract unless the contract—\n\t(a)\tis in writing; and\n\t(b)\tcontains the following particulars:\n\t(i)\tthe name, address and description of the vendor;\n\t(ii)\tthe name, address and description of the person who is, at the time when the contract is made, the owner of the land or interest;\n\t(iii)\tthe allotment number of the land and the name (if any) of the subdivision, or other information sufficient to enable the land to be readily identified;\n\t(iv)\tthe name, address and description of some person to whom all money falling due under the contract may be paid towards satisfaction of the contractual liability.\n\t(3)\tA purchaser will not be taken to have elected to affirm a contract that is voidable under this section by reason of a payment made under the contract.\n\t(4)\tWhere a contract that is voidable under this section is avoided, the purchaser may recover the money paid under the contract.\n19—Inducement to buy subdivided land\nIf a person is induced—\n\t(a)\tto enter into a contract to purchase subdivided land; or\n\t(b)\tto affirm a contract to purchase subdivided land that is voidable by that person,\nby unreasonable or undue persuasion on the part of the vendor, or a person appearing to act on behalf of the vendor, then, according to the nature of the case—\n\t(c)\tthe contract will be taken to have been induced by undue influence and will be voidable at the option of the person induced to enter it; or\n\t(d)\tthe affirmation will be void and of no effect.\n","sortOrder":1},{"sectionNumber":"Part 4","sectionType":"part","heading":"Special requirements relating to agents and sales representatives","content":"Part 4—Special requirements relating to agents and sales representatives\n20—Authority to act as agent\n\t(1)\tAn agent must not act on behalf of a vendor in the sale of residential land unless the agent has been authorised to so act by an agreement (a sales agency agreement) that—\n\t(a)\tspecifies the agent's genuine estimate of the selling price expressed without any qualifying words or symbols as a single figure; and\n\t(b)\tspecifies the selling price sought by, or acceptable to, the vendor expressed without any qualifying words or symbols as a single figure; and\n\t(c)\tspecifies—\n\t(i)\tthe manner of sale (for example, by auction, private treaty or tender); and\n\t(ii)\tthe duration of the agreement (not exceeding the prescribed number of days); and\n\t(iii)\tthe rights of the vendor to terminate the agreement; and\n\t(iv)\tthe services, including advertising and marketing, to be provided for the vendor by the agent or a third person that will be separately charged for by the agent, the amounts to be charged for the services and the time for payment of the amounts; and\n\t(v)\tthe nature and source and, if known, the amount or value of any rebate, discount, refund or other benefit expected to be received by the agent from a third person in relation to services referred to in subparagraph (iv); and\n\t(vi)\twhether the agreement is a sole agency agreement; and\n\t(vii)\twhether the agent has authority to accept an offer for the land on behalf of the vendor; and\n\t(d)\tis dated and signed by the vendor and the agent; and\n\t(e)\tcomplies with the regulations.\n\t(2)\tAn agent must not make a sales agency agreement unless the agent has first given the vendor—\n\t(a)\ta written guide, in a form approved by the Commissioner for the purposes of this section, that explains the vendor's rights and obligations under such an agreement; and\n\t(b)\tdetails of sales of comparable land and any other information on which the agent will rely in support of his or her estimate of the selling price.\n\t(3)\tAn agent must not act on behalf of—\n\t(a)\ta vendor in the sale of land (other than residential land) or a business; or\n\t(b)\ta purchaser in the sale of land or a business,\nunless the agent has been authorised to so act by instrument in writing signed by the vendor or the purchaser.\n\t(4)\tAn agent who has been authorised to act on behalf of a vendor or purchaser under this section must ensure that the vendor or purchaser is given a copy of the signed agreement or instrument immediately, or at a later time within 48 hours as agreed with the vendor or purchaser, after the agreement or instrument has been signed by the vendor or purchaser and delivered to the agent.\n\t(5)\tSubject to subsection (5a), the matters specified or agreed in a sales agency agreement may be varied provided that the variation is in writing and dated and signed by the parties to the agreement.\n\t(5a)\tA sales agency agreement for the sale of residential land by auction may not be varied by increasing the amount specified in the agreement as the selling price sought by, or acceptable to, the vendor.\n\t(6)\tAn agent who has been authorised to act on behalf of a vendor or purchaser under this section must ensure that a copy of any variation of the sales agency agreement or instrument is given to the vendor or purchaser immediately, or at a later time within 48 hours as agreed with the vendor or purchaser, after the variation has been signed by the vendor or purchaser and delivered to the agent.\n\t(6a)\tIf, in relation to a sales agency agreement, a notice of expiry is given in the prescribed manner to the vendor by the agent who has been authorised to act on behalf of the vendor under the agreement—\n\t(a)\tthe vendor may, by notice given to the agent before the date on which the agreement is due to expire, indicate his or her intention not to extend the agreement, in which case the agreement terminates on that date; or\n\t(b)\tif notice is not given under paragraph (a), the following provisions apply, subject to subsection (6b):\n\t(i)\tthe agreement may be extended—\n\t(A)\tby agreement between the parties recorded in writing and dated and signed by the parties no earlier than 14 days before the agreement is due to expire; and\n\t(B)\tfor a period not exceeding the number of days prescribed by regulation;\n\t(ii)\tif the agreement is not extended under subparagraph (i), it is taken to have been extended by force of this paragraph for the period prescribed by regulation from the time at which it would otherwise have expired.\n\t(6b)\tA sales agency agreement cannot be extended more than once.\n\t(6c)\tIf a notice of expiry is not given by an agent to a vendor in accordance with subsection (6a), the sales agency agreement terminates on the date on which it is due to expire and cannot be extended.\n\t(6d)\tAn agent who has been authorised to act on behalf of a vendor under this section must ensure that a copy of the record of any extension of the sales agency agreement under subsection (6a)(b)(i) is given to the vendor immediately, or at a later time within 48 hours as agreed with the vendor, after it has been signed by the vendor and delivered to the agent.\n\t(6e)\tA vendor may, by notice in writing given to the agent at any time during a period of extension of a sales agency agreement, terminate the agreement without specifying any grounds.\n\t(6f)\tIf a sales agency agreement between a vendor and an agent for the sale of residential land by auction is terminated before its expiry or is varied by reducing the duration of the agreement, the agent must not make a new sales agency agreement with the vendor for the sale by auction of the same land specifying, as the selling price sought by, or acceptable to, the vendor, an amount that is greater than that specified in the agreement before its termination or variation unless the period specified as the duration of the agreement before its termination or variation has elapsed.\n\t(7)\tAn agent must not demand, receive or retain commission or expenses in respect of the sale or purchase of land or a business if the agent has contravened or failed to comply with a requirement of this section in acting on behalf of the vendor or purchaser.\n\t(8)\tCommission or expenses received or retained by an agent in contravention of this section may be recovered, as a debt, from the agent by the person by whom it was paid.\n\t(9)\tAn agent must keep a copy of—\n\t(a)\teach sales agency agreement, and any variation or extension of the sales agency agreement, to which the agent has become party; and\n\t(b)\teach instrument by which the agent has been authorised to act on behalf of a vendor or purchaser as referred to in subsection (3).\n\t(10)\tFor the purposes of this section, a notice of expiry, in relation to a sales agency agreement, will be taken to have been given to the vendor in the prescribed manner if it is given to the vendor no earlier than 14 days before the agreement is due to expire.\n\t(11)\tIn this section—\nnotice of expiry, in relation to a sales agency agreement, means a notice in writing—\n\t(a)\treminding the vendor of the date on which the agreement is due to expire and the vendor's rights to terminate the agreement; and\n\t(b)\tsetting out the vendor's rights to extend the agreement and the effect of subsections (6a), (6b), (6d) and (6e).\n21—Requirements relating to offers to purchase residential land\n\t(1)\tIf a person communicates to an agent an offer for residential land that the agent is authorised to sell on behalf of a vendor, the agent must ensure that the following requirements are satisfied:\n\t(a)\tall reasonable steps must be taken to have the offer recorded in writing, in a form containing the details required by the regulations, and signed by the offeror;\n\t(b)\tsubject to subsection (5), the offer must not be passed on to the vendor unless it is so recorded and signed;\n\t(c)\tthe offeror must, if the regulations so require, be given a notice in writing containing the information prescribed by the regulations before signing the offer;\n\t(d)\ta copy of the signed offer must be given to the vendor within 48 hours or at a later time agreed with the vendor;\n\t(e)\tdetails of the offer must not be disclosed to a person other than the vendor or, on request, an authorised officer;\n\t(f)\ta copy of the signed offer must be kept by the agent.\n\t(2)\tIf a person communicates to a sales representative employed by an agent an offer for residential land that the agent is authorised to sell on behalf of a vendor, the sales representative—\n\t(a)\tmust take all reasonable steps to have the offer recorded in writing, in a form containing the details required by the regulations, and signed by the offeror; and\n\t(b)\tsubject to subsection (5), must not pass the offer on to the vendor unless it is so recorded and signed; and\n\t(c)\tmust, if the regulations so require, give the offeror a notice in writing containing the information prescribed by the regulations before the offeror signs the offer; and\n\t(d)\tmust give a copy of the signed offer to the vendor within 48 hours or at a later time agreed with the vendor; and\n\t(e)\tmust not disclose any details of the offer to a person other than the vendor or, on request, an authorised officer; and\n\t(f)\tmust enable a copy of the signed offer to be kept as part of the agent's records.\n\t(2a)\tDespite subsections (1)(e) and (2)(e), an agent (or a sales representative employed by the agent) may disclose to a purchaser the fact that an offer has been made if the following requirements are satisfied:\n\t(a)\tthe amount of the offer and any terms or conditions of the offer must not, at any time before the sale, be disclosed to the purchaser;\n\t(b)\ta notice in writing confirming the fact that the offer was made must be provided, on request, to the purchaser;\n\t(c)\ta copy of the notice must be kept as part of the agent's records.\n\t(2b)\tAn agent (or a sales representative employed by the agent) who, in making a disclosure of a kind referred to in subsection (2a), contravenes or fails to comply with a requirement specified in that subsection is guilty of an offence.\n\t(3)\tNothing in this section prevents details of an offer received by an agent (or a sales representative employed by the agent) from being communicated between persons engaged in the business of the agent as reasonably required for the purposes of the business.\n\t(4)\tThe vendor must, at the request of an agent or sales representative, as soon as practicable after receiving a copy of a signed offer, give the agent a notice in writing acknowledging its receipt.\nMaximum penalty: $1 250.\n\t(5)\tAn agent authorised to sell residential land on behalf of a vendor, and any sales representative employed by the agent, must, before taking any step on behalf of the vendor directed towards acceptance of an offer for the land—\n\t(a)\tensure that the vendor has been given copies of all written offers for the land that have been received by the agent; and\n\t(b)\tif a person has communicated to the agent or sales representative an offer for the land and there has been insufficient time to have the offer recorded in writing in accordance with subsection (1) or (2), ensure that the vendor has notice of the proposed offer.\n\t(6)\tThis section applies with modifications prescribed by the regulations in a case where the agent has authority to accept an offer for the land on behalf of the vendor.\n\t(7)\tA contravention of this section does not affect the validity of an offer or a contract for the sale of the land.\n22—Person signing document to be given copy\n\t(1)\tIf a person signs an offer, contract or agreement, or a document intended to constitute an offer, contract or agreement, relating to a transaction that has been negotiated wholly or in part by an agent, the agent must ensure that the person is given a copy of the signed offer, contract, agreement or document immediately after the document has been signed by the person and delivered to the agent.\n\t(2)\tIf a person signs an offer, contract or agreement, or a document intended to constitute an offer, contract or agreement, relating to a transaction that has been negotiated wholly or in part by a sales representative, the sales representative must give the person a copy of the signed offer, contract, agreement or document immediately after the document has been signed by the person and delivered to the sales representative.\n23—Agent not to receive commission if contract avoided or rescinded\n\t(1)\tAn agent must not demand, receive or retain commission in respect of the sale or purchase of land or a business if the contract by which the transaction is to be effected is rescinded or avoided under this Act.\n\t(2)\tSubsection (1) does not apply if—\n\t(a)\tthe contract is rescinded under Part 2; and\n\t(b)\tthe parties to the contract subsequently enter into another contract for the sale or purchase of the land or business; and\n\t(c)\tcommission would, apart from this section, have been payable to the agent in respect of the subsequent contract.\n\t(3)\tCommission received or retained by an agent in contravention of this section may be recovered, as a debt, from the agent by the person by whom it was paid.\n24—Agent not to lodge caveat for sums owing by client\nAn agent who has been authorised to act on behalf of a vendor in the sale of residential land must not lodge a caveat over the land in order to secure payment of a debt owing to the agent by the vendor in connection with the sale of the land.\n24A—Representations as to likely selling price in marketing residential land\n\t(1)\tFor the purposes of this section—\n\t(a)\ta representation is made in marketing land if—\n\t(i)\tit is made in an advertisement for the sale of the land that is published, or caused to be published, by the agent; or\n\t(ii)\tit is made (whether orally or in writing) to a purchaser who has not commenced negotiations for the purchase of the land; and\n\t(b)\tinformation in an advertisement is a representation as to a likely price or likely price range for the sale of land if it could be reasonably taken to be such; and\n\t(c)\ta statement as to the price actually sought by, or acceptable to, the vendor of land is not a representation as to a likely price for the sale of the land provided that the amount stated as the price is the same as the selling price sought by, or acceptable to, the vendor as expressed in the sales agency agreement at the time of the statement; and\n\t(d)\tprescribed minimum advertising price, in relation to a representation, is the amount that is the greater of—\n\t(i)\tthe agent's estimate of the selling price as expressed in the sales agency agreement at the time of the representation; or\n\t(ii)\tthe selling price sought by, or acceptable to, the vendor as expressed in the sales agency agreement at the time of the representation.\n\t(2)\tIn marketing residential land that an agent is authorised to sell on behalf of a vendor, the agent or a sales representative employed by the agent must comply with the following:\n\t(a)\tif the agent or sales representative makes a representation as to a likely price for the land—\n\t(i)\tthe price must be expressed as a single figure without any qualifying words or symbols; and\n\t(ii)\tthe price must not be less than the prescribed minimum advertising price;\n\t(b)\tif the agent or sales representative makes a representation as to a likely price range for the land—\n\t(i)\tthe price range must be expressed using 2 single figures in combination only with such words or symbols as are necessary to denote a range1 with the first figure constituting the lower limit of the range and the second figure constituting the upper limit of the range; and\n\t(ii)\tthe lower limit of the range must not be less than the prescribed minimum advertising price; and\n\t(iii)\tthe upper limit of the range must not exceed 110% of the lower limit of the range.\nNote—\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"For example, \"between $340 000 and $360 000\", \"from $340 000 to $360 000\" or \"$340 000 - $360 000\".","content":"1\tFor example, \"between $340 000 and $360 000\", \"from $340 000 to $360 000\" or \"$340 000 - $360 000\".\nMaximum penalty: $20 000 or imprisonment for 1 year.\n\t(3)\tAn agent must not demand, receive or retain commission or expenses in respect of the sale of land if the agent or a sales representative employed by the agent has failed to comply with a requirement of subsection (2) in marketing the land on behalf of the vendor.\n\t(4)\tCommission or expenses received or retained by an agent in contravention of this section may be recovered, as a debt, from the agent by the person by whom it was paid.\n24B—Financial and investment advice\n\t(1)\tThe regulations may make provision for or with respect to requiring an agent or sales representative who provides financial or investment advice to a person in connection with the sale or purchase of land or a business to provide to the person specified information or warnings.\n\t(2)\tAn agent or sales representative who fails to comply with a requirement of the regulations under this section is guilty of an offence.\n24C—Agent to disclose certain benefits connected with sale or purchase\n\t(1)\tThis section applies in relation to the sale or purchase of land or a business.\n\t(2)\tAn agent must disclose to the client in such manner as may be prescribed by the regulations—\n\t(a)\tthe nature, source and amount (or estimated amount or value) of any benefit the agent receives or expects to receive from a third person to whom the agent has referred the client, or with whom the agent has contracted, for the provision of services associated with the sale or purchase; and\n\t(b)\tthe nature, source and amount (or estimated amount or value) of any other benefit any person receives or expects to receive in connection with the sale or purchase.\n\t(3)\tThis section does not require an agent to make a disclosure of—\n\t(a)\ta benefit disclosed in a sales agency agreement with the client; or\n\t(b)\ta benefit received or expected to be received by the agent from the client; or\n\t(c)\ta benefit received or expected to be received by the vendor or purchaser; or\n\t(d)\ta benefit related to the provision of services to the client that have been contracted for by the agent unless the agent has made, or is to make, a separate charge to the client in respect of the cost of the services; or\n\t(e)\ta benefit while the agent remains unaware of the benefit (but in any proceedings against the agent, the burden will lie on the agent to prove that the agent was not, at the material time, aware of the benefit); or\n\t(f)\ta benefit that the agent or another person receives if the agent has disclosed, in accordance with this section, that the agent or other person expected to receive the benefit.\n\t(4)\tFor the purposes of this section—\n\t(a)\tthe value of a non-monetary benefit is to be determined on the basis of a reasonable estimate in dollars of the value of the benefit to the agent; and\n\t(b)\tif an agent receives a benefit in relation to multiple transactions (whether involving the same or different clients of the agent), the amount or value of the benefit in respect of any 1 of the transactions is to be determined by apportionment between the transactions according to the proportions that the amounts charged to the client or clients in respect of each transaction for the services provided by the third person bear to each other.\nagent means a purchaser's or vendor's agent;\nbenefit includes a rebate, discount and refund;\nclient means the person for whom the agent is or has been acting;\npurchaser's agent means—\n\t(a)\tan agent who is or has been authorised to act on behalf of a purchaser in the purchase of land or a business; or\n\t(b)\ta sales representative who is or has been acting for that agent;\nvendor's agent means—\n\t(a)\tan agent who is or has been authorised to act on behalf of a vendor in the sale of land or a business; or\n\t(b)\ta sales representative who is or has been acting for that agent.\n24D—Agent not to retain benefits in respect of services associated with sale or purchase of residential land\n\t(1)\tThis section applies in relation to the sale or purchase of residential land.\n\t(2)\tAn agent must not seek to obtain from the client an amount for expenses that is more than the amount paid or payable for those expenses by the agent.\n\t(3)\tIn determining the amount paid or payable by the agent for expenses, the amount or value of any benefit received or receivable by the agent in respect of the expenses (other than a benefit that is contingent on the happening of an event that has not yet occurred) must be taken into account.\n\t(4)\tIf it is not reasonably possible to determine the amount paid or payable by the agent at the time the agent seeks payment for those expenses from the client, the agent may make an estimate of the amount.\n\t(5)\tIf the client has paid the agent an amount for expenses based on an estimate under subsection (4) and the agent becomes aware that the amount exceeds the actual amount paid or payable for the expenses by the agent, the agent must immediately pay the client the amount of the excess.\n\t(6)\tIf—\n\t(a)\tan agent—\n\t(i)\trefers the client to a third person for the provision of services associated with the sale or purchase of the residential land; or\n\t(ii)\tcontracts with a third person for the provision of services associated with the sale or purchase of the residential land that will be separately charged for by the agent; and\n\t(b)\tthe agent receives a benefit from the third person as a result of referring the client to the third person or contracting with the third person,\nthe agent must immediately pay the amount or value of the benefit to the client, except to the extent that the agent has accounted for or paid the amount or value of the benefit in accordance with the preceding provisions of this section.\n\t(7)\tIf an agent fails to pay an amount as required under subsection (5) or (6), the client may recover the amount as a debt due to the person by the agent.\n\t(8)\tThis section does not apply in relation to a benefit disclosed—\n\t(a)\tin a sales agency agreement with the client; or\n\t(b)\tto the client in accordance with section 24C.\n\t(9)\tFor the purposes of this section—\n\t(a)\tthe value of a non-monetary benefit is to be determined on the basis of a reasonable estimate in dollars of the value of the benefit to the agent; and\n\t(b)\tif an agent receives a benefit in relation to multiple transactions (whether involving the same or different clients of the agent), the amount or value of the benefit in respect of any 1 of the transactions is to be determined by apportionment between the transactions according to the proportions that the amounts charged to the client or clients in respect of each transaction for the services provided by the third person bear to each other.\n\t(10)\tIn this section—\nagent means a purchaser's or vendor's agent;\nbenefit includes a rebate, discount and refund;\nclient means the person for whom the agent is or has been acting;\nexpenses means outgoings or proposed outgoings;\npurchaser's agent means—\n\t(a)\tan agent who is or has been authorised to act on behalf of a purchaser in the purchase of the residential land; or\n\t(b)\ta sales representative who is or has been acting for that agent;\nvendor's agent means—\n\t(a)\tan agent who is or has been authorised to act on behalf of a vendor in the sale of the residential land; or\n\t(b)\ta sales representative who is or has been acting for that agent.\n24E—Agent to supply valuation in prescribed circumstances\n\t(1)\tAn agent who is authorised to sell land or a business on behalf of a person (the vendor) must, if the prescribed circumstances apply, before negotiating the sale of the land or business—\n\t(a)\tarrange a formal written valuation of the land or business, at the agent's own expense, by a person authorised to carry on business as a land valuer under the Land Valuers Act 1994 and approved by the Commissioner; and\n\t(b)\tfurnish the vendor with a copy of the land valuer's valuation report.\n\t(2)\tBefore regulations are made for the purposes of subsection (1), the Minister must consult with the The Real Estate Institute of South Australia Incorporated.\nprescribed circumstances means circumstances of a kind prescribed by the regulations in which the agent has a conflict of interest or potential conflict of interest.\n24F—Agent not to act for both purchaser and vendor of land or business\n\t(1)\tA person must not act as an agent on behalf of both the vendor and purchaser of the same land or business at the same time.\n\t(2)\tA person must not enter into agreements to act as an agent in the sale or purchase of land or a business if the performance of services by the person under the agreements will or can result in the person acting as an agent on behalf of both the vendor and the purchaser of the same land or business at the same time.\n\t(3)\tFor the purposes of this section, without limiting the circumstances in which a person acts as an agent on behalf of both the vendor and purchaser of the same land or business at the same time, a person will be taken to so act if—\n\t(a)\tthe sale of land or a business is negotiated by the agent on behalf of a person; and\n\t(b)\tthe purchase of the land or business is made subject to the sale of some other land or business by the purchaser; and\n\t(c)\tthe agent acts on behalf of the purchaser in the sale of the other land or business.\n\t(4)\tDespite the preceding provisions of this section, an agent may act on behalf of the purchaser in the circumstances referred to in subsection (3) if, before the purchaser authorises the agent to do so—\n\t(a)\tthe agent gives the purchaser a warning notice in the form approved by the Commissioner for the purposes of this section; and\n\t(b)\tits receipt is acknowledged by the purchaser in writing on a copy of the form.\n24G—Restriction on obtaining beneficial interest in selling or appraising property\n\t(1)\tAn agent who is authorised by a person (the vendor) to sell land or a business must not obtain, or be in any way concerned in obtaining, a beneficial interest in the land or business.\n\t(a)\tin the case of an aggravated offence—$100 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$50 000 or imprisonment for 1 year.\n\t(2)\tA sales representative employed by an agent must not obtain, or be in any way concerned in obtaining, a beneficial interest in land or a business that the agent is authorised to sell for a person (the vendor).\n\t(a)\tin the case of an aggravated offence—$100 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$50 000 or imprisonment for 1 year.\n\t(2a)\tIf an agent is authorised by a person (the vendor) to sell land or a business, the following persons must not obtain, or be in any way concerned in obtaining, a beneficial interest in the land or business:\n\t(a)\ta natural person who is responsible for managing or supervising the agent's business (including, but not limited to, a natural person referred to in section 10 of the Land Agents Act 1994, in relation to that business);\n\t(b)\ta natural person who is responsible for managing or supervising 1 or more places of business of the agent at which any of the negotiations, administration or other functions relating to the sale are conducted by employees of the agent or persons otherwise engaged by the agent (including, but not limited to, a natural person referred to in section 11 of the Land Agents Act 1994, in relation to that place of business);\n\t(c)\tin the case of an agent that is a body corporate—a director of the body corporate (within the meaning of the Land Agents Act 1994).\n\t(a)\tin the case of an aggravated offence—$100 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$50 000 or imprisonment for 1 year.\n\t(3)\tAn agent or sales representative who appraises land or a business for a person (the vendor) must not obtain, or be in any way concerned in obtaining, a beneficial interest in the land or business.\n\t(a)\tin the case of an aggravated offence—$100 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$50 000 or imprisonment for 1 year.\n\t(4)\tSubject to subsection (10a), a person does not contravene subsection (3) by obtaining a beneficial interest in land or a business if an agent is acting on behalf of the vendor in the sale of the land or business.\n\t(5)\tA person does not contravene this section by obtaining a beneficial interest in land or a business if, before the person obtains the interest, the Commissioner approves such action in accordance with the regulations.\n\t(6)\tWithout limiting this section, a person (being an agent, sales representative, natural person, or director of a body corporate, to whom a preceding subsection applies) is considered to obtain a beneficial interest in land or a business if the person or an associate of the person obtains a beneficial interest in the land or business.\n\t(7)\tWithout limiting this section, each of the following is considered to constitute the obtaining of a beneficial interest in land or a business:\n\t(a)\tpurchasing land or a business;\n\t(b)\tobtaining an option to purchase land or a business;\n\t(c)\tbeing granted a general power of appointment in respect of land or a business.\n\t(8)\tThe court by which a person is convicted of an offence against this section may order the person to pay to the vendor any profit that the person has made, or is, in the opinion of the court, likely to make, from a dealing with the land or business to which the offence relates.\n\t(9)\tIf an agent obtains a beneficial interest in land or a business that the agent is authorised to sell, the agent must not demand, receive or retain commission or expenses in respect of the sale or purchase of the land or business unless—\n\t(a)\tthe Commissioner has approved the agent obtaining the benefit under subsection (5); and\n\t(b)\tthe Commissioner has, when giving that approval, also approved the receipt of the commission or expenses.\n\t(a)\tin the case of an aggravated offence—$20 000;\n\t(b)\tin any other case—$10 000.\n\t(10)\tCommission or expenses received or retained by an agent in contravention of this section may be recovered, as a debt, from the agent by the person by whom it was paid.\n\t(10a)\tIn this section, an offence relating to the obtaining of a beneficial interest is an aggravated offence if it is proved that, at the time the beneficial interest was obtained, the vendor or any of the vendors were—\n\t(a)\t70 years of age or over; or\n\t(b)\tprotected persons within the meaning of the Guardianship and Administration Act 1993; or\n\t(c)\tsuffering from a mental incapacity,\n(regardless of whether they were represented by another person during any of the negotiations giving rise to the obtaining of the beneficial interest).\n\t(10b)\tIn proceedings, a certificate in the form prescribed by regulation signed by a medical practitioner stating that, in the opinion of the medical practitioner, a specified person was or was not suffering from a mental incapacity at a specified time, will, in the absence of proof to the contrary, be evidence of the facts so stated.\n\t(11)\tIn this section—\nappraise—an agent or sales representative appraises land or a business if the agent or sales representative provides advice, whether or not at the request of the vendor, as to the value of the land or business in circumstances where it may be reasonably assumed that the vendor may rely on the advice of the agent or sales representative;\nassociate, of a person, means—\n\t(a)\t—\n\t(i)\ta relative of the person or of the person's spouse or domestic partner; or\n\t(ii)\tan employee, employer or partner of the person; or\n\t(iii)\ta relative of an employee of the person; or\n\t(iv)\ta body corporate if any of the following persons:\n\t(A)\tthe person;\n\t(B)\ta relative of the person or of the person's spouse or domestic partner;\n\t(C)\tan employee of the person;\n\t(D)\t2 or more of the above persons together,\nhave a relevant interest or relevant interests in shares in the body corporate the nominal value of which is 10% or more of the nominal value of the issued share capital of the body corporate; or\n\t(v)\ta body corporate if a director of the body corporate is—\n\t(A)\ta relative of the person or of the person's spouse or domestic partner; or\n\t(B)\tan employee of the person; or\n\t(vi)\tthe trustee of a trust if any of the following are beneficiaries of the trust:\n\t(A)\tthe person;\n\t(B)\ta relative of the person or of the person's spouse or domestic partner;\n\t(C)\tan employee of the person;\n\t(D)\ta body corporate referred to in subparagraph (iv) or (v); or\n\t(vii)\ta person who has a relationship with the person (whether or not similar to the relationships referred to in the preceding paragraphs) of a kind prescribed by the regulations for the purposes of this section; or\n\t(b)\tin addition—\n\t(i)\tin the case of a natural person referred to in subsection (2a)(a)—a relative of an employee of the relevant agent; or\n\t(ii)\tin the case of a natural person referred to in subsection (2a)(b)—a relative of a person employed at the relevant place or places of business of the agent;\nbeneficiary of a trust includes an object of a discretionary trust;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nrelative of a person means—\n\t(a)\tthe spouse or domestic partner of the person; or\n\t(b)\ta parent (including a step‑parent), grandparent (including a step‑grandparent) or remoter linear ancestor of the person; or\n\t(c)\ta child (including a step‑child) or remoter issue of the person; or\n\t(d)\ta sibling (including a step‑sibling or half‑sibling) of the person;\nrelevant interest has the same meaning as in the Corporations Act 2001 of the Commonwealth;\nspouse—a person is the spouse of another if they are legally married.\n24H—Agent not to pay commission except to officers or employees or another agent\n\t(1)\tAn agent must not pay the whole or part of the commission to which the agent is entitled for services as an agent to a person other than—\n\t(a)\tan officer or employee of the agent; or\n\t(b)\ta registered agent.\n\t(2)\tIn this section—\nregistered agent means—\n\t(a)\ta registered agent within the meaning of the Land Agents Act 1994; or\n\t(b)\ta person who usually resides in a place outside the State and who is authorised under the law of that place to carry on business as an agent in that place.\n","sortOrder":3},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Auctions","content":"Part 4A—Auctions\n24I—Standard conditions of auction for residential land\n\t(1)\tThe regulations may prescribe conditions (standard conditions of auction) that will apply as contractual conditions to any auction conducted by an agent for the sale of residential land.\n\t(2)\tThe standard conditions of auction will be binding as between—\n\t(a)\tthe vendor and the purchaser; and\n\t(b)\tthe vendor and the auctioneer; and\n\t(c)\tthe bidders and the auctioneer.\n24J—Preliminary actions and records required for auctions of residential land\n\t(1)\tThe responsible agent must ensure that the following requirements are satisfied in relation to an auction for the sale of residential land (in addition to other requirements under this Act):\n\t(a)\tthe standard conditions of auction must be made available for perusal by members of the public at the place at which the auction is to be conducted for at least 30 minutes before the auction is due to commence;\n\t(b)\tthe auctioneer must, immediately before the auction commences, audibly announce to members of the public attending the auction that the standard conditions of auction (as required to be made available for perusal before the auction) apply to the auction as binding contractual conditions;\n\t(ba)\tthe reserve price for the land must not, at any time before or during the auction, be set at an amount exceeding 110% of the amount specified in the sales agency agreement as the selling price sought by, or acceptable to, the vendor;\n\t(c)\ta written record (an auction record) must be made and kept by the agent, consisting of the following which must be made before the commencement of the auction:\n\t(i)\ta record of the reserve price for the land and any changes in the reserve price made before the commencement of the auction;\n\t(ii)\ta register (a bidders register) of the persons intending to bid at the auction, containing the details relating to the intending bidders required by the regulations;\n\t(iii)\tother records containing details relating to the auction required by the regulations;\n\t(d)\tif a bid is to be allowed by a person who was not registered in the bidders register as an intending bidder before the commencement of the auction, the auction must be interrupted and the person's details entered in the bidders register;\n\t(e)\tbefore details of an intending bidder are entered in the bidders register, the identity of the intending bidder must be established in accordance with the regulations, and if the intending bidder is to bid on behalf of another person, the person's authority to so act must be established in accordance with the regulations and proof must be obtained in accordance with the regulations of the other person's identity;\n\t(f)\teach person registered in the bidders register must, when the person's details are being taken for entry in the register, be supplied with a written guide relating to the sale of residential land by auction in the form approved by the Commissioner for the purposes of this section;\n\t(g)\tany change in the reserve price made during the auction must be entered in the auction record;\n\t(h)\tan entry must be made in the auction record recording the amount of each bid and (except in the case of a bid referred to in paragraph (i)) the identifying number allocated to the person who made the bid;\n\t(i)\tif the auctioneer makes a bid on behalf of the vendor (see section 24O), an entry must be made in the auction record recording the amount of the bid and that the bid was a vendor bid;\n\t(j)\tother details relating to bidding or subsequent events must be entered in the auction record in accordance with the regulations;\n\t(k)\tany entry to be made in the auction record must be made immediately on the happening of the event to be recorded in the entry.\n\t(2)\tA person must not enter details in an auction record, or furnish details for entry in an auction record, that the person knows, or has reason to believe, are false in a material particular.\n\t(3)\tA person who has made an auction record or had access to the record must not disclose or make any use of information in the record except—\n\t(a)\tas authorised under this Part; or\n\t(b)\tas required by an authorised officer.\n\t(4)\tA contravention of this section does not affect the validity of a bid or a contract for the sale of the land.\nresponsible agent in relation to an auction for the sale of land means the agent who has entered into a sales agency agreement with the vendor for the sale of the land, whether or not the agent is to conduct the auction through the instrumentality of another agent.\n24K—Registered bidders only at auctions of residential land\n\t(1)\tAn auctioneer at a sale by auction of residential land—\n\t(a)\tmust not take a bid from a person unless—\n\t(i)\tthe person has been registered in the bidders register for the auction and the auctioneer is in possession of that register when the bid is taken; and\n\t(ii)\tthe person is identified at the auction by the person displaying a unique identifier (comprising a number, letter, colour or some other identifying feature) allocated to the person for the purposes of the auction and recorded in the bidders register as the unique identifier allocated to the person; and\n\t(b)\tmust, when taking the bid, audibly announce the bid as having been taken from a bidder with that person's unique identifier.\n\t(2)\tAn auctioneer who refuses to take a bid from a person because of subsection (1) does not incur a liability to any person as a result of that refusal.\n\t(3)\tThe taking of a bid in contravention of this section does not affect the validity of the bid or a contract for the sale of the land. \n24L—Collusive practices at auctions of land or businesses\n\t(1)\tA person must not, by a collusive practice relating to the sale by auction of land or a business, induce or attempt to induce any other person—\n\t(a)\tto abstain from bidding, or limit his or her bidding, at the auction; or\n\t(b)\tto do any other act or thing that might in any way prevent or tend to prevent free and open competition at the auction.\n\t(2)\tA person must not, as a result of a collusive practice relating to a sale by auction of land or a business—\n\t(a)\tabstain from bidding, or limit his or her bidding, or agree to abstain from bidding, or to limit his or her bidding, at the auction; or\n\t(b)\tdo any other act or thing that might in any way prevent or tend to prevent free and open competition at the auction.\n\t(3)\tAn auctioneer must not sell land or a business by auction unless notice is given prior to the auction, in such manner and in such terms as may be prescribed by the regulations, of the material parts of this section.\n\t(4)\tIn this section—\ncollusive practice includes an agreement, arrangement or understanding under which 1 person will, on being the successful bidder at an auction of land or a business (and whether or not subject to other conditions), allow another person to take over as purchaser of the land or business through the auctioneer at the auction price.\n24M—Disruption of auction prohibited\n\t(1)\tAn intending bidder at an auction of land or a business, or a person acting on behalf of an intending bidder, must not—\n\t(a)\tknowingly prevent or hinder any other person whom he or she believes is an actual or potential rival bidder from attending, participating in or freely bidding at the auction; or\n\t(b)\tharass any other person whom he or she believes is an actual or potential rival bidder with the intention of interfering with that other person's attendance at, participation in, or bidding at the auction.\n\t(2)\tA person must not do anything with the intention of preventing, causing a major disruption to, or causing the cancellation of, an auction of land or a business.\n24N—Dummy bidding prohibited at auctions of land or businesses\n\t(1)\tThis section applies subject to section 24O.\n\t(2)\tA vendor of land or a business must not make a bid at an auction of the land or business.\n\t(3)\tA person must not make a bid at an auction of land or a business knowing that the bid is being made on behalf of a vendor of the land or business.\n\t(4)\tFor the purposes of subsection (3), a bid may be found to have been made on behalf of a vendor even though it is not made at the request of, or with the knowledge of, the vendor.\n\t(5)\tA person must not procure another person to make a bid at an auction of land or a business that is contrary to this section.\n\t(6)\tAn auctioneer must not take a bid at an auction of land or a business if he or she knows that the bid was made by, or on behalf of, a vendor of the land or business.\n\t(7)\tAn auctioneer must not purport to take a bid at an auction of land or a business when in fact no bid is being made.\n\t(8)\tA person who contravenes this section is guilty of an offence.\n\t(9)\tIn this section—\nvendor of land or a business has the meaning assigned by section 3 and includes—\n\t(a)\ta mortgagee or other holder of a security interest in respect of the land or business; and\n\t(b)\ta person of a class prescribed by regulation.\n24O—When vendor bid by auctioneer permitted\n\t(1)\tDespite section 24N and any other law, an auctioneer may make not more than 3 bids at an auction of residential land on behalf of the vendor of the land, or 1 or more bids at an auction of land (other than residential land) or a business on behalf of the vendor of the land or business, if—\n\t(a)\tthe conditions under which the auction is conducted permit the making of such bids; and\n\t(b)\tbefore any bidding starts, the auctioneer audibly announces to the members of the public attending the auction that the conditions permit the making of such bids; and\n\t(c)\timmediately before, or in the process of making such a bid, the auctioneer audibly announces that the bid is a \"vendor bid\"; and\n\t(d)\tthe amount of any such bid is less than the reserve price for the land or business.\n\t(2)\tIn this section—\nvendor has the meaning assigned by section 24N.\n24P—Last vendor bid must be identified if property passed in\n\t(1)\tThis section applies if, at an auction of land or a business, the land or business is not sold and the last bid made before the auction stopped was a bid made by the auctioneer on behalf of the vendor of the land or business.\n\t(2)\tIn making any statement while marketing the land or business, a person must not state the amount of the last bid without also stating that the bid was a bid made on behalf of the vendor of the land or business.\n\t(3)\tFor the purposes of subsection (2), a statement is made while marketing land or a business if—\n\t(a)\tit is made in an advertisement in respect of the land or business that is published, or caused to be published, by the person; or\n\t(b)\tit is made (whether orally or in writing) to a person as a purchaser of the land or business.\n\t(4)\tA person who advises another person of the amount of the last bid to enable that amount to be published must not knowingly fail to disclose to the other person that the bid was a bid made on behalf of the vendor of the land or business.\n\t(5)\tA person who is a publisher of results of auctions must not publish the fact that the land or business was passed in for the amount of the last bid without also stating that the bid was made on behalf of the vendor of the land or business.\n\t(6)\tIt is a defence to a charge against subsection (2) or (5) if the person making the statement, or publishing the amount—\n\t(a)\twas not present at the auction; and\n\t(b)\trelied on a statement made by a person who purported to know what happened at the auction.\n\t(7)\tIt is sufficient compliance with subsection (2) or (5) if the amount is described as a \"vendor bid\".\n\t(8)\tIn this section—\nvendor has the meaning assigned by section 24N.\n","sortOrder":4},{"sectionNumber":"Part 5","sectionType":"part","heading":"Preparation of conveyancing instruments","content":"Part 5—Preparation of conveyancing instruments\n25—Part 5 subject to transitional provisions\nThis Part operates subject to the transitional provisions contained in the Schedule.\n26—Interpretation of Part 5\n\t(1)\tFor the purposes of this Part, a person stands in a prescribed relationship to an agent if the person—\n\t(a)\tis an employee of the agent; or\n\t(b)\tis a partner of the agent; or\n\t(c)\tis an employee of, or is remunerated by, a body corporate and—\n\t(i)\tthe agent is in a position to control the conduct of the affairs of the body corporate; or\n\t(ii)\tthe agent is a director of, or a shareholder in, the body corporate and the body corporate is not a public company as defined in the Corporations Act 2001 of the Commonwealth; or\n\t(iii)\tthe agent is also an employee of, or is also remunerated by, the body corporate.\n\t(2)\tFor the purposes of this Part, an application under the Strata Titles Act 1988, for the deposit of a strata plan, the amendment of a deposited strata plan, the amalgamation of deposited strata plans, or the cancellation of a deposited strata plan, is a conveyancing instrument.\n27—Preparation of conveyancing instrument for fee or reward\nA person other than a legal practitioner or registered conveyancer must not prepare a conveyancing instrument for fee or reward.\n28—Preparation of conveyancing instrument by agent or related person\nIf a conveyancing instrument (other than one to give effect to a transaction in which the agent participates as a purchaser or mortgagee of land) is prepared by an agent, or a person who stands in a prescribed relationship to an agent, the agent and the person by whom the instrument is prepared are each guilty of an offence.\n29—Procuring or referring conveyancing business\n\t(1)\tA legal practitioner or registered conveyancer must not pay or give a commission or fee or other consideration to a person for referring business involving the preparation of conveyancing instruments.\n\t(2)\tAn agent, or a person who stands in a prescribed relationship to an agent, must not demand or receive from a legal practitioner or registered conveyancer a commission or fee or other consideration for referring to the legal practitioner or registered conveyancer business involving the preparation of conveyancing instruments.\n\t(3)\tAn agent, or a person who stands in a prescribed relationship to an agent, must not procure or attempt to procure the execution of a document requiring or authorising the preparation of a conveyancing instrument by a particular person or person of a particular description.\n\t(4)\tA clause included in, or appended to, an offer or contract for the sale of land or a business requiring or authorising the preparation of a conveyancing instrument by a particular person or person of a particular description is void.\n30—Conveyancer not to act for both parties unless authorised by regulations\nExcept as authorised under the regulations, a conveyancer must not act for both the transferor and transferee, or the grantor and grantee, of property or rights under a transaction.\n31—Effect of contravention\n\t(1)\tA conveyancing instrument is not void or voidable because it is prepared in contravention of this Part.\n\t(2)\tAn officer of the Crown to whom a conveyancing instrument is presented for stamping or registration need not inquire whether the instrument has been prepared in contravention of this Part.\n","sortOrder":5},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6—Miscellaneous\n32—Exemptions\n\t(1)\tThe Minister may, on application by a person, exempt the person from compliance with a specified provision of this Act.\n\t(2)\tAn exemption is subject to the conditions (if any) imposed by the Minister.\n\t(3)\tThe Minister may, at his or her discretion, vary or revoke an exemption.\n\t(4)\tThe grant or a variation or revocation of an exemption must be notified in the Gazette.\n33—No exclusion etc of rights conferred or conditions implied or applied by Act\nSubject to this Act, a purported exclusion, limitation, modification or waiver of a right conferred, or contractual condition implied or applied, by this Act is void.\n34—Civil remedies unaffected\nNothing in this Act prejudices any civil remedy available apart from this Act.\n35—Misrepresentation\nNo term or provision of an agreement for the sale and purchase of land or a business prevents a party from claiming or being awarded damages or other relief in respect of misrepresentation in connection with the sale or purchase of the land or business.\n36—False or misleading representation\n\t(1)\tA person who makes a false or misleading representation for the purpose of inducing another person to—\n\t(a)\tsell or purchase land or a business; or\n\t(b)\tengage the first mentioned person or a third person to act as an agent in the sale or purchase of land or a business; or\n\t(c)\tenter into any contract or arrangement in connection with the sale or purchase of land or a business,\nMaximum penalty: $20 000 or imprisonment for 1 year.\n\t(2)\tIn proceedings for an offence against subsection (1), it is not necessary for the prosecution to establish that the defendant knew the representation to be false or misleading, but it is a defence for the defendant to prove that he or she had reasonable ground to believe, and did believe, the representation to be true.\n37—Signing on behalf of agent\nIf a document is required or authorised by this Act to be signed by an agent, the document may be signed by a person authorised to act on behalf of the agent.\n37A—Keeping of records\n\t(1)\tAn agent who is required under Part 4 or 4A to keep a document or record must—\n\t(a)\tkeep the document or record at a place of business of the agent in the State for 5 years from the day on which the document or record was received or made; and\n\t(b)\thave the document or record readily available for inspection at all reasonable times by an authorised officer.\n\t(2)\tFor the purposes of this section, a document or record may, subject to the regulations, be kept in electronic form.\nrecord includes a register.\n37B—General defence\nIt is a defence to a charge of an offence against this Act, other than an offence against Part 2, if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n38—Liability for act or default of officer, employee or agent\nFor the purposes of this Act, an act or default of an officer, employee or agent of a person will be taken to be an act or default of that person unless it is proved that the officer, employee or agent acted outside the scope of his or her actual, usual and ostensible authority.\n39—Offences by bodies corporate\nWhere a body corporate is guilty of an offence against this Act, each director of the body corporate is guilty of an offence and liable to the same penalty as is imposed for the principal offence unless it is proved that the director could not by the exercise of reasonable diligence have prevented the commission of that offence.\n40—Prosecutions\n\t(1)\tProceedings for a summary offence against this Act must be commenced—\n\t(a)\tin the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921;\n\t(b)\tin any other case—within 5 years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within 7 years of that date.\n\t(2)\tA prosecution for an offence against this Act cannot be commenced except by—\n\t(a)\tthe Commissioner; or\n\t(b)\tan authorised officer under the Fair Trading Act 1987; or\n\t(c)\ta person who has the consent of the Minister to commence the prosecution.\n\t(3)\tIn any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.\n41—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(aa)\tmake provision for a method of service (which may include electronic transmission) of a notice or other document required or authorised to be served or given by this Act, which may include a method in addition to, or as an alternative to, a method of service provided for by this Act;\n\t(a)\texempt (conditionally or unconditionally) classes of persons or activities from the application of this Act or specified provisions of this Act;\n\t(ab)\timpose fees in respect of any matter under this Act, and make provision relating to their payment, recovery or waiver;\n\t(b)\timpose a penalty (not exceeding a fine of $5 000) for contravention of, or non-compliance with, a regulation;\n\t(c)\tfix expiation fees, not exceeding a fee of $315, for alleged offences against the regulations.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner or the Minister.\n42—Review of Parts 4 and 4A\nThe Minister must—\n\t(a)\twithin 2 years after the commencement of this section, cause a review of the operation of Parts 4 and 4A to be undertaken and the outcome of the review to be incorporated into a report; and\n\t(b)\twithin 6 sitting days after receipt of the report, ensure that a copy of the report is laid before each House of Parliament.\nSchedule—Transitional provisions\nPreparation of conveyancing instruments\n(1)\tPart 5 does not prevent a person who is a party to, or has acted as an agent in, a transaction in respect of which a conveyancing instrument has been, or is to be, prepared from charging a fee for the preparation of the instrument if—\n\t(a)\tthe instrument is prepared by a legal practitioner or registered conveyancer in that person's employment; and\n\t(b)\tthe legal practitioner or registered conveyancer has been continuously in that person's employment since 1 May 1973 or some earlier date.\n(2)\tPart 5 does not prevent the preparation of a conveyancing instrument by a legal practitioner or registered conveyancer who stands in a prescribed relationship to an agent acting for a party to the transaction in respect of which the instrument is prepared if the legal practitioner or registered conveyancer—\n\t(a)\thas stood in that relationship continuously from 1 May 1973 or some earlier date; and\n\t(b)\twas licensed as a land broker, or admitted and enrolled as a practitioner of the Supreme Court of South Australia, or was qualified to be so licensed, or admitted and enrolled, on 1 May 1973; and\n\t(c)\tin the case of a person acting in the employment of a conveyancer that is a body corporate—is not a director of the body corporate, or in a position to control the conduct of the affairs of the body corporate.\n(3)\tAn exemption granted under Part 7 Division 3 of the Land Agents, Brokers and Valuers Act 1973 and in force immediately before the commencement of this Act continues in force according to its terms as an exemption from the corresponding provision of Part 5.\n(4)\tThe Commissioner may, by notice in writing, vary or revoke an exemption referred to in subclause (3).\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Land and Business (Sale and Conveyancing) Act 1994\n15.12.1994\n1.6.1995 (Gazette 25.5.1995 p2198)\n Statutes Amendment (Sunday Auctions and Indemnity Fund) Act 1995\n7.12.1995\nPt 4—1.2.1996 (Gazette 1.2.1996 p1002)\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 21)—3.2.1997 (Gazette 19.12.1996 p1923)\n Statutes Amendment (Community Titles) Act 1996\n9.5.1996\ns 8—4.11.1996 (Gazette 31.10.1996 p1460)\n Statutes Amendment (Consumer Affairs—Portfolio) Act 2000\n13.7.2000\nPt 3 (ss 8 & 9) and Sch 2—1.10.2000 (Gazette 7.9.2000 p1638); Pt 3 (s 7)—13.7.2002 (s 7(5) Acts Interpretation Act 1915)\n Statutes Amendment and Repeal (National Competition Policy) Act 2003\n29.5.2003\nPt 3 (s 6)—1.7.2003 (Gazette 26.6.2003 p2811)\n Statutes Amendment (Real Estate Industry Reform) Act 2007\n2.8.2007\nPt 4 —28.7.2008 (Gazette 3.7.2008 p3203) except ss 33(1), (3) & 35(2), (3)—1.8.2009 (Gazette 30.4.2009 p1543)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 31 (s 61)—17.6.2013 (Gazette 6.6.2013 p2498)\n Statutes Amendment (Real Estate Reform Review and Other Matters) Act 2013\n23.5.2013\nPt 4 (ss 7—22)—1.1.2014 (Gazette 21.11.2013 p4278)\n Land and Business (Sale and Conveyancing) (Beneficial Interest) Amendment Act 2017\n15.8.2017\n29.1.2018 (Gazette 12.12.2017 p4958)\n Public Holidays Act 2023\n7.12.2023\nSch 1 (cl 10)—1.1.2024: s 2\nStatutes Amendment (Planning, Infrastructure and Other Matters) Act 2025\n27.11.2025\nPt 3 (s 4)—15.1.2026 (Gazette 15.1.2026 p24)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\ndeleted by 43/2000 s 9 (Sch 2)\ns 3\n\nallotment\ninserted by 38/1996 s 8(a)\n4.11.1996\nauction record\nauthorised officer\nbidders register\nbusiness day\ndeleted by 39/2023 Sch 1 cl 10\n1.1.2024\ncommission\ninserted by 28/2007 s 31(2)\nlegal practitioner\nsubstituted by 4/2003 s 6\n1.7.2003\noffer\ninserted by 28/2007 s 31(3)\nplace of residence\ninserted by 28/2007 s 31(3)\npurchaser\namended by 28/2007 s 31(4)\nresidential land\ninserted by 28/2007 s 31(5)\nsales agency agreement\ninserted by 28/2007 s 31(6)\nsales representative\ninserted by 28/2007 s 31(6)\nstandard conditions of auction\ninserted by 17/2013 s 7\nsubdivided land\namended by 38/1996 s 8(b)\n4.11.1996\nvendor\namended by 28/2007 s 31(7)\ns 4\n\ns 4(1)\namended by 17/2013 s 8\ns 4(2)\namended by 28/2007 s 32\nPt 2\n\ns 5\n\ns 5(2)\nsubstituted by 28/2007 s 33(1)\n\namended by 17/2013 s 9(1)\ns 5(5)\namended by 28/2007 s 33(2)\ns 5(7)\namended by 17/2013 s 9(2)\ns 5(8)\n\nagent's address for service\ninserted by 28/2007 s 33(3)\nprescribed time\namended by 28/2007 s 33(4)\ns 6\n\ns 6(2a)—(2c)\ninserted by 28/2007 s 34(1)\ns 6(3)\n\nrent\ninserted by 28/2007 s 34(2)\ns 6(4)\namended by 64/2025 s 4\n15.1.2026\ns 7\n\ns 7(1)\namended by 28/2007 s 35(1)\n\namended by 28/2007 s 35(2)\ns 7(5)\ninserted by 28/2007 s 35(3)\ns 8\n\ns 8(1)\namended by 28/2007 s 36\ns 9\n\ns 9(1)\namended by 28/2007 s 37(1)—(3)\n\namended by 17/2013 s 10(1)\ns 9(2)\namended by 28/2007 s 37(4)—(6)\n\namended by 17/2013 s 10(2)\ns 11\nsubstituted by 17/2013 s 11\ns 12\n\ns 12(1)\ns 12(2)\namended by 43/2000 s 7\n13.7.2002\ns 13\namended by 28/2007 s 38\ns 13A\ninserted by 28/2007 s 39\ns 13A(2)\namended by 17/2013 s 12\ns 14\n\namended by 28/2007 s 40(1), (2)\ns 17\namended by 28/2007 s 41\nPt 3\n\ns 18\n\ns 18(1)\ns 19\namended by 28/2007 s 42\nPt 4 before substitution by 28/2007\n\ns 20\n\ns 21\n\ns 21(1)\ns 21(2)\n\ns 23\n\ns 23(1) and (2)\ns 24\n\ns 24(1)\nPt 4\nsubstituted by 28/2007 s 43\ns 20\n\ns 20(1)\namended by 17/2013 s 13(1), (2)\ns 20(2)\nsubstituted by 17/2013 s 13(3)\ns 20(4)\namended by 17/2013 s 13(4)\ns 20(5)\nsubstituted by 17/2013 s 13(5)\ns 20(5a)\ninserted by 17/2013 s 13(5)\ns 20(6)\namended by 17/2013 s 13(6)\ns 20(6a)—(6f)\ninserted by 17/2013 s 13(7)\ns 20(9)\namended by 17/2013 s 13(8)\ns 20(10) and (11)\ninserted by 17/2013 s 13(9)\ns 21\n\ns 21(2)\nsubstituted by 17/2013 s 14\ns 21(2a) and (2b)\ninserted by 17/2013 s 14\ns 24A\n\ns 24A(1)\namended by 17/2013 s 15(1), (2)\ns 24A(2)\nsubstituted by 17/2013 s 15(3)\ns 24A(3) and (4)\ninserted by 17/2013 s 15(3)\ns 24G\n\ns 24G(1) and (2)\namended by 30/2017 s 4(1)\ns 24G(2a)\ninserted by 30/2017 s 4(2)\ns 24G(3)\namended by 30/2017 s 4(3)\ns 24G(4)\namended by 30/2017 s 4(4)\ns 24G(6)\namended by 30/2017 s 4(5)\ns 24G(9)\namended by 30/2017 s 4(6)\ns 24G(10a) and (10b)\ninserted by 30/2017 s 4(7)\ns 24G(11)\n\nassociate\nsubstituted by 30/2017 s 4(8)\nmedical practitioner\ninserted by 30/2017 s 4(9)\nrelative\nsubstituted by 30/2017 s 4(10)\nPt 4A\ninserted by 28/2007 s 43\ns 24I\nsubstituted by 17/2013 s 16\ns 24J\n\ns 24J(1)\namended by 17/2013 s 17\ns 24K\n\ns 24K(1)\namended by 17/2013 s 18(1)—(3)\nPt 5\n\ns 26\n\ns 26(1)\namended by 28/2007 s 44\ns 27\n\namended by 28/2007 s 45\n\namended by 17/2013 s 19\ns 28\n\namended by 28/2007 s 46\n\namended by 17/2013 s 20\ns 29\n\ns 29(1)\n\namended by 17/2013 s 21(1)\ns 29(2)\n\namended by 17/2013 s 21(2)\ns 29(3)\n\namended by 17/2013 s 21(3)\ns 30\n\namended by 28/2007 s 48\n\namended by 17/2013 s 22\nPt 6\n\ns 33\namended by 28/2007 s 49\ns 36\n\ns 36(1)\n\nsubstituted by 28/2007 s 50(1)\ns 36(2)\namended by 28/2007 s 50(2)\ns 37\ndeleted by 96/1995 s 6\n1.2.1996\n\ninserted by 28/2007 s 51\nss 37A and 37B\ninserted by 28/2007 s 51\ns 39\ndeleted by 16/2013 s 61\n17.6.2013\ns 39\ninserted by 30/2017 s 5\ns 40\n\ns 40(1)\nsubstituted by 43/2000 s 8\n\namended by 30/2017 s 6\ns 41\n\ns 41(2)\n\namended by 28/2007 s 52(1)—(4)\ns 42\ninserted by 28/2007 s 53\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nHistorical versions\nReprint No 1—1.2.1996\n\nReprint No 2—4.11.1996\n\nReprint No 3—3.2.1997\n\nReprint No 4—1.10.2000\n\nReprint No 5—13.7.2002\n\nReprint No 6—1.7.2003\n\n17.6.2013\n\n1.1.2024\n\n","sortOrder":6}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Based on general knowledge, the Act has been amended on multiple occasions since its enactment in 1994 to expand disclosure obligations, adjust cooling-off period rules, and respond to changes in conveyancing practice and consumer protection standards. The scope has broadened over time from its original focus. However, because the full text was inaccessible, a precise assessment of scope change cannot be confirmed."},"complexity_factors":["Full legislative text was unavailable due to a broken URL — analysis is based on general legal knowledge only, which introduces uncertainty","The Act spans two distinct subject matters (land sales and business sales), each with their own regulatory frameworks","Interaction with related legislation such as the Real Property Act 1886 (SA), Fair Trading Act 1987 (SA), and Australian Consumer Law adds layers of complexity","Procedural requirements (e.g., Form 1 disclosure obligations, cooling-off periods) involve strict technical compliance rules that are easy to breach inadvertently","Different rules may apply depending on whether the transaction involves residential land, commercial land, or a business","Exemptions and carve-outs (e.g., certain commercial transactions may be exempt from cooling-off rights) require careful navigation","Has been amended multiple times since 1994, meaning the current operative version may differ significantly from the original Act"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Land and Business (Sale and Conveyancing) Act 1994** (South Australia) could not be retrieved. The link provided returned a **\"Page Not Found\"** error from the South Australian legislation website, likely due to a website migration that occurred around **24 March 2026**.\n\n### What we do know about this Act (from general legal knowledge):\n\nThis South Australian law governs the **sale of land and businesses** in South Australia. In plain terms, it sets out the rules that must be followed when someone buys or sells:\n- **Real estate** (houses, land, commercial property)\n- **Businesses**\n\nKey protections it is known to provide include:\n- Requiring sellers to give buyers a **Form 1** (a disclosure statement — a document that tells the buyer important facts about the property before they commit)\n- Giving buyers a **cooling-off period** (a window of time — typically 2 clear business days — to change their mind after signing a contract)\n- Setting out rules for **agents and conveyancers** (the professionals who handle property transfers) about what they must and cannot do\n- Protecting buyers from being misled or left in the dark about the property or business they are purchasing\n\n### Who does this affect?\n- **Home buyers and sellers** in South Australia\n- **Business buyers and sellers** in South Australia\n- **Real estate agents** and **conveyancers** operating in SA\n- **Landlords** selling tenanted properties\n\n### Why does it matter?\nThis Act is one of the most practically important pieces of legislation for everyday South Australians. If you are buying or selling a home or business in SA, this law directly shapes your rights, your obligations, and your legal protections. Getting it wrong — for example, not providing the required Form 1 — can **void a contract** or expose a seller or agent to significant legal liability.\n\n> ⚠️ **Note:** A full analysis could not be completed because the legislative text was not available. For accurate and current information, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for the Act directly."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The scope of the Act has expanded and been reworked since the original 1994 Act by multiple amending Acts.  Notable mechanical scope changes in the text supplied include the substitution and expansion of Part 4 (agent obligations) and the insertion of Part 4A (auctions) by the 2007 reforms (see \"Pt 4 substituted by 28/2007 s 43\" and \"Pt 4A inserted by 28/2007 s 43\" in the legislative history entries), additions in 2013 that added or tightened sales and auction requirements (17/2013 entries), and the 2017 Beneficial Interest amendments strengthening prohibitions on agents obtaining beneficial interests (30/2017 entries affecting s 24G).  There are other amendments across the legislative history that change thresholds, definitions (eg, small business s 4 amendments), penalties and procedural details.  These amendments have increased the regulatory coverage of agent conduct, auction procedures, beneficial‑interest restrictions and conveyancing rules compared with the original Act, and introduced a larger role for regulations and the Commissioner in filling operational detail (see s 41 and the legislative history entries)."},"complexity_factors":["Many interlocking Parts (disclosure, agency, auctions, conveyancing) with detailed operational rules","Numerous penalties and civil remedies tied to specific breaches across multiple sections","Extensive cross-references to other statutes (Land Agents Act, Conveyancers Act, Real Property Act, etc.)","Substantial delegation to regulations for key definitions, exemptions, procedures and thresholds (s 41)","Detailed auction rules requiring pre-auction records, bidder identification and immediate contemporaneous entries (Part 4A, ss 24J–24K)","Multiple exceptions and defences (eg, s 5(7), s 16, transitional Schedule) that affect when rights apply","Significant record‑keeping and certification obligations (ss 9, 11, 24J, 37A) creating compliance complexity","Layered amendments over time and transitional provisions increasing interpretative difficulty (legislative history and Schedule)"],"plain_english_summary":"This Act sets rules for selling land and businesses and for preparing the legal documents used to transfer title (conveyancing instruments). It assigns duties and penalties to vendors, purchasers, agents, auctioneers and conveyancers, and gives the Commissioner for Consumer Affairs and authorised officers enforcement powers.\n\nWhat the Act does (mechanically)\n\n- Gives purchasers a limited right to rescind certain contracts (a \"cooling-off\" right) and sets how and when they can exercise it (s 5).  It also explains what payments a vendor may keep if the purchaser rescinds (s 5(4)).\n- Requires vendors to give a written vendor's statement with specified particulars before settlement for sales of land (s 7) and for sales of small businesses (s 8).  Small business is defined by a monetary threshold (s 4).\n- Makes it an offence for a person to give a false certificate or false particulars connected to vendor statements (s 13) and creates offences and civil remedies where Part 2 requirements are breached (ss 14–16, 15).\n- Prohibits certain payment structures and appearance-of-purchase arrangements: instalment/rental‑purchase type contracts that require payments before settlement are void, and certain occupancy‑first/purchase‑later contracts are voidable (s 6).\n- Imposes detailed pre-auction and auction rules for residential land (Part 4A, ss 24I–24P) including making vendor statements available (s 11), registering bidders (ss 24J, 24K), banning dummy bids and collusion (ss 24N, 24L), and recording auction events (s 24J).\n- Sets obligations and disclosure duties for agents and sales representatives about agency authority, sales agency agreements, offer handling, commissions, benefits and conflicts of interest (Part 4, especially ss 20, 21, 24C–24H).  These include required written sales agency agreements (s 20), duties to provide copies of signed offers or agreements (s 22), and limits on dual agency (s 24F) and on agents acquiring beneficial interests in property they are authorised to sell (s 24G).\n- Restricts who may prepare conveyancing instruments for a fee (Part 5, ss 27–31) and bans referral fees for conveyancing business (s 29).  It preserves stamp/registration processes regardless of contraventions (s 31).\n- Provides enforcement, record‑keeping and procedural rules including record retention (s 37A), penalties for offences (many sections), who may commence prosecutions (s 40), and regulation and ministerial exemption powers (ss 41, 32).\n\nWho this affects and who pays\n\n- Purchasers: receive statutory disclosure, cooling-off rights (s 5), and remedies if vendor statements are missing or defective (s 15).  Purchasers must act within prescribed time limits for rescission and rely on specified service methods (s 5(2), s 17).\n- Vendors: must prepare and serve vendor's statements with prescribed particulars (ss 7–8), attach prescribed notices for residential inspections (s 13A), and may have liabilities/damages if they fail to comply (s 15).  Vendors bear the administrative cost of disclosure; where regulations require certificates (eg, s 8(2)), vendors (or the business sale process) typically fund those professional costs.\n- Agents and sales representatives: face many operational duties — written agency agreements stating price estimates and fees (s 20), keeping records for 5 years (s 37A), verifying vendor statements (s 9), complying with auction rules (Part 4A), disclosing benefits and not retaining undisclosed benefits (ss 24C–24D), and restrictions on dual representation and on receiving or paying certain commissions (ss 24F, 24H).  Agents may bear out‑of‑pocket costs such as arranging valuations where prescribed (s 24E(1)(a)).  Failure to comply can mean criminal penalties, loss/recovery of commissions, and civil liability (eg, ss 20(7), 24G(9), 24D(7)).\n- Legal practitioners and registered conveyancers: may be restricted from paying or receiving referral commissions for conveyancing work (s 29).  Persons who are not legal practitioners or registered conveyancers are generally prohibited from preparing conveyancing instruments for reward (s 27), producing compliance obligations for law and conveyancing firms.\n- Councils and statutory authorities: required to supply specified information within set timeframes when requested (s 12); there is a fee mechanism set by regulation (s 12(3)).\n\nWhy it matters (stated purposes and how they translate to costs/incentives)\n\n- Purpose-claims in the text: the Act aims to regulate disclosure, prevent unfair or misleading practices in land/business sales, control agency conduct, and regulate conveyancing preparation.  Those ends are pursued by imposing mandatory disclosure, registration and record-keeping requirements (eg, ss 7–9, 24J, 37A), criminal penalties and civil remedies (eg, ss 13, 15, 36), and restrictions on who may prepare conveyancing instruments (ss 27–31).\n\n- Costs and incentives: compliance costs fall primarily on vendors (preparing vendor's statements, attaching notices), agents (agency agreement formalities, record-keeping, verification enquiries, possible valuations s 24E, and disclosure rules s 24C), and legal/conveyancing professionals (restrictions on referral fees s 29).  Purchasers get statutory protections (cooling-off s 5, remedies s 15) that change bargaining dynamics and can reduce transaction risk for buyers.\n\n- Trade-offs and implementation risks: the Act delegates significant detail to regulations (s 41) and to the Commissioner (eg, regulation/approval functions and prosecution authority s 40(2)), which concentrates administrative discretion.  That means the operation of many duties depends on subordinate instruments and administrative practice.  The Act also creates many criminal penalties and civil remedies for breaches, producing enforcement burden and the potential for contested prosecutions (s 40).\n\n- Effects on private choice and markets: the Act restricts contract forms (voiding some pre-settlement payment structures s 6), constrains agent behaviour (limits on dual agency s 24F, disclosure and benefit‑handling ss 24C–24D), and prescribes auction conduct (Part 4A).  Those rules change how agents market property, how bidders participate in auctions, and who may prepare legal transfer documents.  Some requirements concentrate costs on a relatively small group (agents and vendors) while benefits (information, consumer protections) are diffuse among purchasers.\n\nKey cross-references and delegated powers\n\n- The Act cross-references other South Australian laws (eg, Land Agents Act 1994, Conveyancers Act 1994, Real Property Act 1886) and relies on regulations for many practical details (s 41).  The Minister and Commissioner have powers to exempt persons (s 32), make regulations that determine service methods, fees and other procedural matters (s 41), and the Commissioner or authorised officers must usually commence prosecutions under the Act (s 40(2))."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1994 scope. Originally focused on cooling-off periods, vendor statements, and basic conveyancing restrictions, it has expanded to include: comprehensive auction regulation (Part 4A added 2007/2008), detailed anti-underquoting rules (section 24A), restrictions on agents obtaining beneficial interests (section 24G, significantly expanded 2017), disclosure of third-party benefits (sections 24C-24D), and specific protections for vulnerable vendors (elderly, mentally incapacitated). The 2017 amendments particularly broadened the scope to capture not just agents but also business managers, directors, and associates in beneficial interest prohibitions."},"complexity_factors":["Multiple defined terms in section 3 (approximately 25 definitions), many cross-referencing other Acts (Land Agents Act 1994, Real Property Act 1886, Community Titles Act 1996, etc.)","Nested exceptions to exceptions, particularly in section 5 (cooling-off) which has 8 separate exemption categories (5(7)(a)-(h)) with their own timing requirements","Complex conditional logic in section 24G regarding beneficial interests, with aggravated offences based on vendor vulnerability (age, mental incapacity, protected person status)","Extensive cross-referencing between Parts, particularly Part 4 (agents) and Part 4A (auctions) which share definitions and operational requirements","Multiple penalty tiers: standard offences, expiation fees ($315), and aggravated offences with significantly higher penalties","Regulatory dependencies: many operational details (forms, time periods, specific amounts) are left to regulations rather than being specified in the Act itself","Transitional provisions in the Schedule creating grandfathering rights for pre-1973 employment relationships in conveyancing","Layered obligations where agents, sales representatives, and auctioneers have parallel but slightly different duties (e.g., sections 21(1) vs 21(2))"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law protecting people who buy land and businesses. It sets rules for real estate agents, auctioneers, and conveyancers (people who handle property paperwork) to make sure buyers aren't ripped off and sales are fair and transparent.\n\n**Key protections for buyers:**\n\n*   **Cooling-off period:** If you buy land or a small business, you usually get 2 business days (for land) or 5 business days (for small businesses) to change your mind and cancel the contract. You get your money back, though the seller can keep a small deposit (up to $100, or more if regulations allow).\n*   **Vendor's statement:** Before you settle (finalise the purchase), the seller must give you a detailed statement about the property—things like mortgages, easements (rights others have over the land), and any recent transactions. For small businesses, this includes financial details certified by an accountant.\n*   **No dodgy instalment deals:** Sellers can't make you pay most of the purchase price before settlement through complicated \"rent-to-buy\" schemes—these contracts are void (legally invalid).\n\n**Rules for real estate agents:**\n\n*   **Written agreements:** Agents must have written agreements with sellers that specify the estimated selling price, marketing costs, and duration. They can't just shake hands on it.\n*   **No double-dipping:** Agents can't act for both buyer and seller in the same deal (called \"dual agency\"), and they can't secretly buy properties they're meant to be selling for clients.\n*   **Auction rules:** Strict rules govern auctions—only registered bidders can bid, dummy bidding (fake bids to push up prices) is banned, and vendor bids (bids made by the auctioneer on behalf of the seller) must be clearly announced and limited to 3 for residential land.\n*   **Marketing honesty:** When advertising residential property, agents can't use vague phrases like \"offers over $X\"—they must use specific prices or narrow ranges.\n*   **Disclosure:** Agents must tell clients about any commissions or benefits they receive from third parties (like mortgage brokers or building inspectors).\n\n**Rules for conveyancers:**\n\n*   Only licensed conveyancers or lawyers can prepare property transfer documents for a fee.\n*   They can't pay kickbacks to agents for referrals, and agents can't demand them.\n*   A conveyancer generally can't act for both buyer and seller unless regulations specifically allow it.\n\n**Who it affects:**\n\n*   **Buyers and sellers** of land and businesses in South Australia\n*   **Real estate agents** and sales representatives\n*   **Auctioneers**\n*   **Conveyancers** and lawyers\n*   **Local councils** and statutory authorities (who must provide information about charges on land)\n\n**Why it matters:**\n\nThis law is designed to stop underquoting, hidden commissions, dummy bidding, and other sharp practices in the property market. It gives buyers time to reconsider expensive decisions and ensures they get crucial information about what they're buying before it's too late. For agents, it creates a clear code of conduct with serious penalties (up to $100,000 or 2 years jail for aggravated offences involving vulnerable sellers) for misconduct."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/land-and-business-sale-and-conveyancing-act-1994","history":"/api/acts/land-and-business-sale-and-conveyancing-act-1994/history","analysis":"/api/acts/land-and-business-sale-and-conveyancing-act-1994/analysis","conflicts":"/api/acts/land-and-business-sale-and-conveyancing-act-1994/conflicts","importantCases":"/api/acts/land-and-business-sale-and-conveyancing-act-1994/important-cases","documents":"/api/acts/land-and-business-sale-and-conveyancing-act-1994/documents"}}