Stages of Conveyancing: A Step-by-Step Guide for Western Australia

If you are considering purchasing property in Western Australia, you may wonder what the conveyancing process is like. It is important to note that there are major differences in the legalities and processes in Western Australia compared to those in other Australian states and territories.

WA Stages of Conveyancing

Here is what you can expect as you begin the process of owning property in WA.

Stage 1: Pre-Purchase Contract Review and Offer

When you make an offer for property in Western Australia, and the seller accepts it, a binding contract is formed. The contract will include terms detailed in two parts.

• • Contract for Sale by Offer and Acceptance
• • Joint Form of General Conditions

The contract isn’t just “necessary paperwork.” It provides a legally binding outline for the sale or purchase of property. The same standard contract format is used for most residential properties, but there can be specific stipulations added. Some examples include the offer being based on approved finances or setting a date for the settlement.

You can add your own specifications, such as the contract being subject to a structural defect report or pending a pest inspection. There is no cooling off period for real estate contracts in Western Australia.  Once the contract is signed by both parties (seller and buyer), it’s legally binding.  We strongly recommend you seek legal advice on the draft contract before you sign it.

We suggest you obtain a Property Interest Report from Landgate.

This report currently costs $73.50 and once you have it, please contact Landgate or the relevant department with any queries you may have.

We also suggest you obtain an updated Certificate of Title Search, and if the Title Search you have been provided is more than one month old, you can order from here at a cost of $32.60. We suggest you order a Sketch Title and Certificate of Title.

Our sister company Philipoff Legal, can offer a contract review service where they will review your contract and provide you with legal advice.  Please contact us to arrange for a quote.

Since there can be numerous possible details, it’s prudent to have the contract reviewed before you present the offer. You will want to make sure you are happy with the terms of the offer and the acceptance document before making an official offer. Your acceptance of the terms constitutes a binding contract.

Stage 2: Securing Finances

If you are making a cash offer, this step will not apply to you. But if you need financing to purchase your WA property, you will need to get approval from the lender by the date specified in your Offer. You’ll need to make sure that the lender can transfer the funds at your settlement. In Western Australia, it is now required that funding be transferred electronically, so that there are no delays. The only exception to this is when it is physically impossible, or if the particular contract is not eligible for an electronic transfer.

Stage 3: Pre-Settlement 

Once the finances are in order, your conveyancer will make enquiries to determine the current status of the property owner’s accounts and get up-to-date information on rates and fees pertaining to the property. They will make enquiries with:

• • Water Corporation
• • Office of State Revenue
• • Local shire and strata company (if applicable)

If there are any overdue accounts, they will need to be paid at settlement by the settlement agents to clear any debt. This ensures you are not liable for them in the future.

Your conveyancer will contact your lender to and book in settlement with them.  If you are paying cash, you will need to deposit the balance as previously agreed. This deposit is made into our trust account so that your funds will be safe until the completion of settlement.  We will provide you with a PEXA key for the details and communicate further with you in this matter during the settlement process.

You will also find that a moving checklist is helpful. Please see our Ultimate moving checklist here.

Stage 4: Thorough Property Inspection

Prior to settlement, you should make sure the property is inspected thoroughly. You are entitled to inspect the property on one occasion within 5 business days before the Possession Date.  This will be your opportunity to check that the Seller has complied with the Seller’s obligations under the Contract.  The Buyer may be accompanied by 2 persons on an inspection.  You will also want to check things like fixtures and fittings. If they are not in good condition, you’ll need to determine what needs to be done about the issue before settlement. Your offer can be conditional on the issues being fully addressed by the current owner before settlement.

Stage 5: Settlement

At settlement, all money and documentation are exchanged, and property ownership will pass from the seller to the buyer. The property will be registered in your name as you become the legal owner of your new home.

If you are buying a house in Western Australia, it is standard for the settlement agent to make the arrangements and notify you in writing once it has been completed.

Stage 6: Post-Settlement

After settlement, you should receive several things, including:

• • Contract of Sale including Transfer Duty Certificate: This paperwork outlines the terms and conditions of the purchase and provides proof of transfer duty paid.
• • Evidence from Landgate: confirmation of change of ownership
• • Settlement Statement: A general breakdown of the payments and adjustments made at settlement.

If you will be using the property for your main residence, now is the time to complete your change of address forms and contact utility companies to open your new accounts.

These are the typical stages of conveyancing when purchasing property in WA. But the process can differ based on unique aspects of the transaction. Please ask your Conveyancer for any possible distinctions or differences in advance.

As Perth’s leading conveyancing and settlement agency, we have conducted over thousands of settlements for our satisfied clients. If you’re interested in our conveyancing and settlement services, email us today or apply for a free quote and Settle With Ease®️.

Disclaimer: Please note that this article in no way constitutes conveyancing advice. It is not intended to be substituted for conveyancing advice and should not be relied upon as such. See conveyancing advice or other professional advice regarding any matters you may have. Please contact us for more information.