Background

Property Rights, Obligations and Restrictions are defined as those rights, obligations and restrictions that affect the use and/or enjoyment of land and/or property.

In South Australia under Section 7 (1) of the Land and Business (Sale and Conveyancing) Act 1994 the vendor of real property is obliged to provide to the purchaser a vendor's statement before settlement.

The vendor's statement must include details of all mortgages, charges and prescribed encumbrances affecting the land subject to sale along with any prescribed matters. Under Section 7 of the Land and Business (Sale and Conveyancing) Regulations 1995 the form and content of the vendor's statement is defined.

Click here to access S.A. Legislation website to view the Act and Regulations

The Land and Business (Sale and Conveyancing) Act and associated Regulations are administered by the Attorney General. Related information on buying a home is available on the web site for the Office of Consumer and Business Affairs.

http://www.ocba.sa.gov.au/consumeradvice/buying_new

Land Services Group provides a product known as the Section 7 Statement, which assists the vendor or vendor's agent to complete the necessary form, which is known generally as Form 1. Whilst the LSG product is neither a vendor's statement or a Form 1, it is the most practical way to gather the following information:

• The necessary particulars for completion of Division 1 of Form 1
• Certain aspects for completion of Division 2 of Form 1
• Certificate for SA Water charges
• Certificate for Emergency Services Levy Payable
• Certificate of Land Tax Payable
• Copy of a Register Search for the relevant Certificate of Title

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Related Information:
Fact Sheet 8 - Section 7 Statements