Conveyancing WA: the complete guide for buyers and sellers
Conveyancing is the legal process of transferring ownership of property from one person to another. In Western Australia it has a genuinely distinctive shape: the licensed professional is called a settlement agent, not a conveyancer; there is no statutory cooling-off period at all once your Offer and Acceptance contract is signed; and there is no mandatory vendor disclosure statement for a seller to prepare, unlike most other states. This hub explains how it all fits together and links to eight in-depth WA guides.
What conveyancing is in WA
Conveyancing covers everything between agreeing to buy or sell a property and the transfer of ownership being registered at Landgate, WA's land titles office. For a buyer that means deciding what conditions to put in an offer, arranging finance and inspections, and completing settlement. For a seller it means preparing the property and contract for sale and discharging any mortgage at settlement.
The document at the centre of it is the Offer and Acceptance (O&A) contract, the standard REIWA form most WA sales use. Because there is no separate exchange step and no cooling-off period afterwards, the contract becomes binding the moment it is signed by both parties and that acceptance is communicated, which is the main way WA conveyancing differs from every eastern state.
Who does conveyancing in WA
In Western Australia, the licensed title for this work is settlement agent, under the Settlement Agents Act 1981. "Conveyancer" is still used informally and in some firms' marketing, but it describes the same licensed occupation, not a different one. Two kinds of professional can act on a WA transaction:
- Licensed settlement agents specialise in property transfers and handle the great majority of standard residential purchases and sales, usually at a lower cost than a solicitor.
- Solicitors are worth engaging where the matter carries legal complexity a settlement agent is not licensed to advise on: a contract dispute, a deceased estate, or a trust or company structure.
If you are weighing the two titles, see settlement agent versus conveyancer in WA.
The two things that make WA different
Two absences define conveyancing in WA, and both push the important work earlier than in other states:
- No cooling-off period. Once your Offer and Acceptance contract is signed and acceptance is communicated, you are bound, with no automatic right to withdraw afterwards. Protection has to be negotiated into the offer itself (typically "subject to finance" and "subject to a building and pest inspection"), before you sign. See the cooling-off period WA guide.
- No mandatory vendor disclosure statement. Unlike Victoria's Section 32 or South Australia's Form 1, WA has no law requiring a seller to hand buyers a prescribed disclosure document before they sign. The selling agent must disclose relevant facts if asked, but buyers generally do more of their own checking than in states with a mandatory statement. See the selling property in WA guide.
The stages, from offer to settlement
- Engage a settlement agent, before you make an offer. Their advice on which conditions to include matters most while you can still negotiate them.
- Make a conditional Offer and Acceptance. Typically subject to finance and a building and pest inspection.
- Offer and acceptance becomes binding. Once signed and communicated, there is no cooling-off period at all.
- Satisfy your conditions. Finance approval and a satisfactory inspection report, both by their deadlines.
- Between contract and settlement. The settlement agent assesses transfer duty, runs title searches, coordinates finance and books settlement.
- Settlement. Most settlements complete electronically through PEXA: funds transfer, any mortgage is discharged, duty is paid, and the title transfers. The agent releases the keys.
The full walkthrough is in the WA conveyancing process guide.
What conveyancing costs in WA: at a glance
A WA settlement agent typically charges about $700 to $2,500 for a standard residential matter (a market estimate, GST inclusive). That professional fee is usually the smallest part of what a buyer pays: transfer duty, set by RevenueWA, is by far the largest cost. The duty figures below are computed from the current official general rate.
| Purchase price | Transfer duty (general rate) |
|---|---|
| $500,000 | $17,765 |
| $700,000 | $27,265 |
| $1,000,000 | $42,616 |
One concession cuts duty sharply: an eligible first home buyer pays no duty at all up to $500,000 ($0 at $500,000, rather than the general $17,765), with a flat concessional rate up to a $700,000 cap. The full breakdown, including the professional fee, disbursements and Landgate fee, is in the conveyancing cost WA guide, and you can estimate your own duty with the transfer duty WA calculator.
All eight WA guides
The WA cluster is eight in-depth guides plus this hub. Start with whichever matches where you are:
Calculators and state comparisons
To compare WA against other states, or to estimate your own numbers:
Buying or selling in New South Wales or Victoria instead? See the NSW conveyancing guide or the Victoria conveyancing guide.
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Frequently asked questions
Conveyancing Explained provides general information about property transactions in Australia. It is not legal advice and does not create a client relationship. For advice on your situation, engage a licensed conveyancer, settlement agent, or property solicitor in your state or territory.