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17Pre-Contract

The Form 1 Notice

In South Australia, the cooling-off period runs from when you receive a valid Form 1 notice - not from when you sign. If you do not know the timer has started, five business days…

The Form 1 Notice

In South Australia, the cooling-off period runs from when you receive a valid Form 1 notice - not from when you sign. If you do not know the timer has started, five business days goes fast.

The Form 1 starts the cooling-off clock

The prescribed cooling-off period is calculated from receipt of a valid Form 1 notice.

It is not tied to signing

The clock does not necessarily begin when you sign the contract. It begins with the notice.

Same-day delivery means same-day start

If the builder gives you the Form 1 at the same time as the contract, the period may already be running.

Validity matters

A defective or missing Form 1 can affect the calculation. If no valid Form 1 has been given, the cooling-off period may not yet have commenced, potentially preserving your right to cool off beyond the usual window. If in doubt, obtain advice promptly.

Do not leave it to the last moment

Because the period is short and counted in clear business days, act early if you are considering cooling off.

Questions to ask before signing

When will I receive the Form 1? When does the cooling-off period start and end? How must a cooling-off notice be given? Is the Form 1 valid and complete?

The key lesson

The Form 1 starts the clock. Know when you received it and exactly when your cooling-off window closes.

Before You Sign

This guide provides general educational information for South Australian homeowners. It is not personalised legal advice. The effect of any issue depends on the wording of your own contract, schedules, Special Conditions, plans, specifications and the facts of the project. A good builder and a well-understood contract should work together. Before committing to one of the largest financial transactions you may ever undertake, consider having the actual contract reviewed so you understand the obligations, notice requirements and consequences before they are tested on site.

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