Retirement village contracts: legal advice for Gawler

7 helpful checks for retirement village contracts

Read the contract, disclosure statement, rules and financial schedules together. These seven areas preserve the focus of our contract review: the right you receive, the costs you accept and the arrangements that apply when circumstances change.

1. Your right to occupy the residence

Find out whether the arrangement involves a licence, lease, shares or another form of tenure. Paying an entry contribution does not necessarily mean you are buying the residence. Check who may live there, how a partner is included and what the contract says about continued occupation.

2. Entry payments and deposits

Identify the amount payable, the due date and what each payment is for. Ask what happens to a holding deposit if you do not proceed and whether any conditions depend on the sale of your current home. Keep receipts and written explanations with the contract pack.

3. Recurrent charges and extra services

Separate regular charges from optional personal services, utilities and other expenses. Check how increases are calculated and which costs are covered by village funds. Ask for a complete budget rather than assuming a quoted weekly amount includes everything. The SA Government fees and charges guide explains the main categories.

4. Exit fees and other deductions

Check the formula for deferred management or departure fees and the amount on which each calculation is based. Consider capital fund contributions, remarketing costs and other proposed deductions separately. A cap applying to one category does not mean every departure cost is capped at that amount.

5. Repairs, alterations and reinstatement

Identify who maintains and replaces fixtures, fittings and furnishings. If you want to make changes, ask about approval and whether you must reverse them when you leave. Check the condition report carefully and keep records of agreed works and responsibility for their cost.

6. Services, facilities and village rules

Consider pets, visitors, parking, gardens and use of shared facilities alongside the services offered. Ask which services cost extra and what happens if a service changes or your support needs increase. Have important verbal promises recorded in writing so they can be considered with the agreement.

7. Exit entitlements and payment timing

Understand how the amount returned to you is calculated, including any capital gain or loss arrangements. Ask what triggers payment, how remarketing is handled and what happens if the residence is not quickly reoccupied. A repayment estimate and a payment date answer different questions; you need both.

For the required contents of new agreements, see the SA Government residence contract requirements.

Before and after signing in South Australia

Retirement village contracts are governed by the Retirement Villages Act 2016 and related regulations. Reforms commenced on 2 February 2026. The dates documents were supplied, a deposit was paid or a resident left can affect which provisions apply. The government’s transition guidance explains why an older agreement needs individual consideration.

The settling-in period

The 90-calendar-day settling-in period is a different protection. Leaving during it can still involve permitted costs. It should not be treated as a cost-free trial. Ask how it applies to your occupation date and agreement.

Read the SA Government guide to entering a residence contract. Tell PA Law immediately if you have signed, paid a deposit, received a waiver or have an approaching deadline.

Plan for leaving before you move in

Your next move may be to another home, a different village or residential aged care. The amount and timing of an exit payment can matter as much as the initial contribution. Ask the operator for worked estimates showing different lengths of stay, and identify the assumptions behind them.

Compare estimates, not just entry prices

A disclosure statement should include estimated fees and charges for departure after two, five and ten years. These are estimates, not guaranteed outcomes. Compare the assumptions about market value, deductions and occupation length. The disclosure statement requirements provide a useful reference.

Check the repayment pathway

Payment depends on the contract and applicable law, including statutory repayment rules, exceptions and any tribunal extension. Do not assume you must always wait indefinitely for a new resident, or that the whole entry contribution will be returned. Ask for an explanation of the calculation and the relevant dates. See the government guide to exit entitlements.

If circumstances have already changed

If you are already a resident or have left, bring your signed agreement, variations, notices and the operator’s calculations. Tell us whether the concern involves a fee, a payment delay, a promised service or a proposed change. We can discuss the scope of advice appropriate to your enquiry.

Compare retirement village contracts side by side

When comparing retirement village contracts, use the same questions for each proposal. A simple comparison sheet helps separate your lifestyle preferences from the financial and contractual details. Record where each answer appears in the documents, and leave a question mark where an explanation is still needed.

Build a practical comparison sheet

At entry:

record the proposed contribution, deposit, payment dates and any conditions connected with selling your home. List the documents supplied and their version dates.

During your stay:

record regular charges, the services included and expenses you would pay separately. Note how the documents describe changes to charges and approval for alterations.

On departure:

record each proposed deduction, the calculation method and the explanation of repayment timing. Keep the operator’s worked examples beside the relevant contract clauses.

For daily living:

record your questions about pets, parking, visitors, storage, gardens and access to facilities. Distinguish written terms from points discussed during a tour.

Use a separate column for each village and another for questions to raise with your solicitor. Avoid treating a blank space as confirmation that there is no charge or restriction. Ask for the missing information, and keep the written response with the correct version of the agreement.

Make questions specific

Instead of asking only whether an agreement is “standard”, identify the outcome you want to understand. For example: which clause explains the cost of replacing a fixture, what assumptions were used in an exit estimate, or where a promised service is recorded. Specific questions make it easier to identify which document or explanation is missing.

If two documents appear inconsistent, mark both passages rather than choosing the one you prefer. Bring the brochure or email as well as the contract. Tell PA Law about any explanation you have received from the operator, and whether a revised document has been promised.

Keep a record after the review

Keep the reviewed version, your notes and any later amendments together. Before signing a revised agreement, compare it with the version discussed and flag changes for further advice. A review of an earlier version may not address wording added later.

Your comparison sheet is a preparation tool, not a recommendation to enter a particular village. Discuss legal questions with your solicitor and the effect on your budget with your financial adviser. This helps you approach the decision with a clearer record of the terms, unanswered questions and next steps.

Arrange your retirement village contract review

Start with the documents and key dates

Contact PA Law with the village name, your proposed move date and whether you have signed anything. Ask about the review’s scope, fees and timing before proceeding. If documents are missing, say what you have received so the next step can be discussed.

• The complete residence contract, schedules and any variations.
• The disclosure statement, fee estimates and village rules.
• Financial statements, meeting minutes and remarketing policy supplied by the operator.
• Deposit receipts, condition reports and written promises or correspondence.
• A short list of questions, deadlines and any relevant home-sale arrangements.

Bring your priorities to the discussion

Note what matters most to your daily life: a pet, visiting family, parking, alterations, access to support or the ability to fund a later move. Highlight any explanation that differs from the written documents. Ask which points need written clarification before signing.

If moving involves a property sale, see our conveyancing services. A change in living arrangements may also be a useful time to review estate planning documents, including an enduring power of attorney. Those are separate areas of advice and can be discussed if relevant.