South Australian Consolidated Acts South Australian Consolidated Acts21—Requirements relating to offers to purchase residential land
(1) If 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:
(a) all
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;
(b)
subject to subsection (5), the offer must not be passed on to the vendor
unless it is so recorded and signed;
(c) the
offeror must, if the regulations so require, be given a notice in writing
containing the information prescribed by the regulations before signing the
offer;
(d) a
copy of the signed offer must be given to the vendor within 48 hours or at a
later time agreed with the vendor;
(e)
details of the offer must not be disclosed to a person other than the vendor
or, on request, an authorised officer;
(f) a
copy of the signed offer must be kept by the agent.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) If 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 must—
(a) 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
(b)
subject to subsection (5), the offer must not be passed on to the vendor
unless it is so recorded and signed;
(c) 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
(d) give
a copy of the signed offer to the vendor within 48 hours or at a later
time agreed with the vendor; and
(e) not
disclose any details of the offer to a person other than the vendor or, on
request, an authorised officer; and
(f)
enable a copy of the signed offer to be kept as part of the agent's records.
Maximum penalty: $5 000.
Expiation fee: $315.
(3) Nothing 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.
(4) The 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.
Maximum penalty: $1 250.
(5) An 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—
(a)
ensure that the vendor has been given copies of all written offers for the
land that have been received by the agent; and
(b) if 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.
Maximum penalty: $5 000.
(6) This 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.
(7) A contravention of
this section does not affect the validity of an offer or a contract for the
sale of the land.