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    Before signing a residence contract

    A person thinking of moving into a retirement village will be provided with some important documents before they are asked to sign a residence contract. A prospective resident should seek legal and financial advice before signing a residence contract.

    At least 10 business days before a person enters into a retirement village residence contract, the operator of the retirement village must give the person a copy of the following:

    • the residence contract
    • the disclosure statement
    • if the contract relates to a retirement village already established:
      • the financial statements presented at the last annual meeting of residents and a written statement of any subsequent changes of significance
      • a copy of the minutes of the last 2 annual meetings of residents
    • the residence rules
    • the policy regarding dealing with surplus and deficits in the accounts relating to recurrent charges
    • the policy regarding remarketing of residences
    • any code of conduct that must be observed by the operator, retirement village staff, or residents, and
    • any other document prescribed by the Retirement Villages Regulations 2017 (SA).

    Some of the documents listed above are outlined in more detail further in this chapter.

    Offences

    It is an offence for an operator to fail to provide the documents listed above as and when required [Retirement Villages Act 2016 (SA) s 22(1)]. A prospective resident may waive the 10 business days notice period with written notice if they have otherwise received all of the documents and their lawyer has confirmed in writing that they have received legal advice [s 22(2)].

    It is also an offence for a person to:

    • represent that a residence contract is for the purchase of a residence when in fact it confers a right to occupation under a lease or licence [s 25(1)]
    • make a statement that is false or misleading in information that is required to be provided to a prospective resident [s 25(2)].
    Before signing a residence contract  :  Last Revised: Wed Feb 11th 2026
    The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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