A Form 1 statement is a legal document providing important information about a property. If you are selling a residential property in South Australia you are required by law to serve a Form 1 document to the prospective purchaser. The Form 1 is usually prepared by your Agent or Conveyancer and signed by the Vendor prior to advertising the property for sale but it can also be prepared and served after the contract is signed.
What is included in a Form 1?
Whilst not an exhaustive list the Form 1 includes but is not limited to:
- Property Title
- Particulars regarding any mortgage
- Particulars regarding any easements
- Council rates, Water Rates, Emergency Services Levy and Land Tax details
- Zoning information
- Council approvals for building works
The Form 1 may not include information about encroachments, condition of the property, whether building regulations are complied with or if the survey of the land is accurate. A prospective purchaser is responsible for finding out anything that is not covered in the Form 1 and needs to do their due diligence on the property they are purchasing.
What does the Form 1 have to do with cooling off rights?
If you buy a property other than at auction, the purchaser has a cooling off period. The cooling off period expires at the end of the second clear business day after the contract was made if the purchaser received the Form 1 prior to making the contract or after the Form 1 was served on you, if you received the Form 1 after making the contract. The Vendor does not have the right to cool off, only the purchaser. The Form 1 details your right to cool off and how you must go about serving the cooling-off notice if you change your mind.
What can happen if the Form 1 is not accurate?
The Form 1 must be factually accurate and complete. If it is incorrect or there is insufficient information, the purchaser may be able to withdraw from the sale or take legal action. It is a very important document and you need to be sure your Agent or Conveyancer understands the law when it comes to preparing a Form 1. A good Agent or Conveyancer is critical to the sale process of one of your biggest assets – your home! So, take care to choose your Agent and Conveyancer wisely and check their qualifications.
How much does a Form 1 cost?
The cost can vary depending on the property and who prepares the Form 1 for you. Government searches required to be ordered will vary with the type of property you are selling. For example, if the property you are selling is part of a strata group managed by a body corporate, you will require body corporate searches and the body corporate manager will charge a fee for this. The nature of the property determines the number of Government searches required to be ordered and this will impact the cost. The other cost involved is the preparation of the actual Form 1 document, some Agents will prepare this document and include this as part of their fee for service, others outsource to a Conveyancer for preparation or will request the Vendor to arrange with their chosen Conveyancer. The cost for a Form 1 with Government searches is significant; however, you will require this legal document to enable you to sell your home. For the 2021 Financial Year the price for a Torrens Title residential property would be in the vicinity of $750 to $850 including GST and for a Community/Strata Title $900 to $1,000 including GST. Please note, this cost is just an indicator, as discussed, it will vary depending on the number of Government searches required and what your provider charges for the service.
What is important is your Agent advises you early in the appraisal process that you will require this document to sell your home and there is an additional expense if it is not included in the Agent fee.
Changes to the Form 1
From 1 July 2021 the South Australian Government has updated the Form 1 to include additional disclosure requirements and deleted some items. It is important your Agent or Conveyancer is across these to ensure an accurate Form 1 is served on the purchaser after 1 July 2021. The last thing you would want as a Vendor is legal action from the purchaser for a faulty Form 1!
Ask your Agent to explain the Form 1 document to you, if they cannot explain the Form 1 and all the information in it, then is this the right Agent for you?
Why use an SA Listings agent?
SA Listings offers a fixed agent fee for service, with no hidden extras. You will be advised of the Form 1 costs prior to listing a property for sale. SA Listings understands the Form 1 disclosure requirements and will ensure the document is explained to you and any potential purchasers of your property. The team are licensed land agents, qualified lawyers and conveyancers, providing a strong skill set with the sale of one of your biggest assets – your home! To find out more visit SA Listings.