Western Australia does property contracts differently from the eastern states. There is no vendor disclosure statement for most sales, no mandatory cooling-off period, and settlements are handled by licensed settlement agents or lawyers. Asset Conveyancing acts on WA matters from our Adelaide head office, with a virtual office in Western Australia and electronic settlement through PEXA.
How is a property contract made in WA?
Most WA sales are made on an Offer and Acceptance form (the O&A), which incorporates the Joint Form of General Conditions for the Sale of Land. The buyer signs the O&A as an offer, and once the seller accepts and signs it, it is a binding contract.
The O&A records the parties, price, deposit, settlement date and any special conditions, such as finance approval, a building inspection or the sale of the buyer’s home. The General Conditions are reviewed periodically by the Law Society of Western Australia and the Real Estate Institute of Western Australia, and cover matters such as settlement, risk and the seller’s representations about the property.
Is there a cooling-off period in Western Australia?
No. Consumer Protection WA states that there is no mandatory cooling-off period for real estate contracts in WA. Once the seller accepts your offer, you are bound unless a condition in the contract lets you out.
That makes the special conditions the buyer’s main protection. A finance clause, a building and pest inspection clause or a subject to sale clause must be drafted with clear deadlines and a clear process for ending the contract. If you want time to reconsider, you have to negotiate it into the O&A before you sign.
Sign the O&A only when you are ready to be bound. Buyers from other states often assume they will have a few days to change their mind. In WA they do not. Have the O&A and any special conditions checked before you put your name to the offer.
What does a WA seller have to disclose?
For most freehold sales there is no mandatory seller disclosure statement in WA. The agent must disclose relevant facts, especially when asked directly, and the seller is responsible for representations made about the property.
- Strata lots. WA strata law imposes a duty of disclosure. The seller must give the buyer prescribed information about the scheme and the lot before the buyer signs, and notify later changes in writing. Failure to disclose may allow the buyer to avoid the contract.
- Safety requirements. Before the property changes hands, sellers must have compliant pool and spa barriers, at least two residual current devices, and mains-powered smoke alarms in homes where these are required.
- Buyer’s own searches. Because disclosure is limited, buyers should search the title, check zoning and order a building inspection themselves.
Who can carry out a settlement in WA?
Settlements in WA are carried out by settlement agents licensed through Consumer Protection, or by certified legal practitioners. A licensed settlement agent needs the required education and experience, must be a fit and proper person, and must hold a current triennial certificate.
Who collects duty and registers title in WA?
Transfer duty is assessed by RevenueWA, which also administers first home owner concessions and foreign transfer duty. These change, so check current rates with RevenueWA. Title is registered with Landgate, which also maintains strata records.
How Asset Conveyancing handles WA matters
We act on WA purchases and sales from Adelaide, with WA transactions forming a regular part of our team’s work. Our principal, Paul Sande, holds conveyancer licences in numerous states. Ask us to confirm the licensing arrangements for your WA matter when you request a quote.
- Review the O&A. Ideally before you sign.
- Manage the conditions. We diarise finance, inspection and other condition deadlines and give notices on time.
- Prepare settlement. Adjustments and lender liaison.
- Settle through PEXA. The transfer is lodged with Landgate at settlement.
Read more about buying property, common special conditions and buying a strata unit, or compare the rules in South Australia.
Common questions about conveyancing in Western Australia
Do I get a cooling-off period when buying in WA?
Not automatically. WA has no mandatory cooling-off period for real estate contracts. Once the seller accepts and signs the Offer and Acceptance, the contract binds you. Your protection comes from conditions you negotiate, such as finance approval or a building inspection, so have them drafted properly before you sign the offer.
What is the Joint Form of General Conditions?
It is the standard set of conditions that sits behind most WA Offer and Acceptance contracts. It is reviewed periodically by the Law Society of Western Australia and REIWA, and covers settlement, risk, the seller’s representations and strata disclosure. Check which edition your O&A incorporates, because the wording changes between editions.
Does a WA seller have to give a disclosure statement?
Not for most sales. WA has no general mandatory seller disclosure statement, although agents must disclose relevant facts, especially when asked. Strata lots are different: the seller has a statutory duty to give prescribed information before the buyer signs, and failure may let the buyer avoid the contract.
What is a settlement agent in WA?
A settlement agent arranges property settlements in WA, much like a conveyancer in other states. Settlement agents are licensed through Consumer Protection and must hold a current triennial certificate. Certified legal practitioners can also carry out settlements. Buyers and sellers each appoint their own representative.