The buying process in Western Australia

Three things make the WA sequence different. The offer is the contract: a signed offer and acceptance binds once every term is agreed, and there is no cooling-off period to fall back on. The legal work is done by a licensed settlement agent or a lawyer. And settlement itself runs electronically through the network Landgate has approved. The order below puts the checks before the signature, because in WA there is no window after it.

The steps in order

1. Finance first. Get pre-approval before looking; at auction the purchase cannot be conditional on finance, and in a private sale the finance clause only works if it is completed. The borrowing capacity calculator gives a first figure.
2. Check the licence. Search the agent, the sales representative and any settlement agent on Consumer Protection's licence and registration search.
3. Choose the settlement agent or lawyer now. They read the O&A and General Conditions before the offer goes in. At auction the winner has to nominate one on the spot.
4. Read the sales, not the guide. WA has no price-guide rule, so the recorded comparable sales are the evidence; the guide is the seller's authorised figure.
5. Ask about material facts in writing. There is no seller disclosure statement; the agent has to answer a direct question honestly. For a strata lot, obtain the precontractual disclosure statement.
6. Inspect before offering. Write a building and pest inspection into the offer as a condition, or do it beforehand; there is no cooling-off in which to do it later.
7. Make the offer on the O&A. Complete the finance clause and any other conditions, agree the deposit and the settlement date, and sign. It binds once the seller accepts every term.
8. Pay the deposit on time. Generally the whole deposit is paid within seven days of the offer; a late deposit lets the seller cancel on 48 hours' written notice.
9. Lodge the duty and grant forms. The first home owner rate and the grant are applied for on RevenueWA's forms, and duty is paid electronically as part of settlement.
10. Settle and move in. Settlement is usually 30 to 90 days after the contract. A grant or first home owner rate then requires six months' continuous occupation, starting within twelve months of completion.

Who does the legal work

WA calls it settlement rather than conveyancing, and two professions do it. A settlement agent is licensed under the Settlement Agents Act 1981 and has to hold a current triennial certificate; the licence covers individuals, partnerships and companies. A lawyer can do the same work. Consumer Protection's property settlement page covers choosing between them; its wording, and professional indemnity arrangements, were not confirmed from this environment.

Give the settlement agent or lawyer the O&A and the General Conditions before signing, then the accepted contract, the finance approval and the duty and grant forms. They lodge the transfer, pay the duty and exchange the funds through PEXA, the electronic lodgement network Landgate has approved for WA. The platform is open to settlement agents, lawyers and financial institutions, not to individuals. It handles ordinary residential sales; a transaction that needs evidence lodged with Landgate goes on paper.

Checking the agent

The public register is Consumer Protection's licence and registration search. It lists licensed real estate agents and settlement agents among other occupations. Search by licence number to confirm a number is still valid, or by type with a name or location to find licensed people nearby. Consumer Protection, a division of the Department of Local Government, Industry Regulation and Safety, administers the licences and maintains the tool.

If something goes wrong

Consumer Protection WA handles complaints about real estate agents and sales representatives. Raise the concern with the agent first. If that fails, call the Consumer Protection Contact Centre on 1300 30 40 54. A formal complaint is lodged online or in writing, on the complaint form for problems with buying, selling or renting a home. A dispute with the seller over the contract is a civil matter for the settlement agent or lawyer. A withheld material fact can ground a civil claim or a request to terminate. The sources checked do not cover the tribunal or the legal profession's complaints body, so neither is described here.

How long it takes

The settlement period is set in the contract and is usually 30 to 90 days; after an auction it is usually 30 days. What stretches it is a finance clause still waiting on the lender, a late deposit, or a transaction that has to go to Landgate on paper. The report sits before step seven: for one property, where the asking price stands against the recorded sales and what duty and the purchase costs come to.