Question 1

Why do I need a settlement agent?

Accepted Answer

The settlement process in Western Australia is extremely complex and involves many legal requirements, systems, processes and deadlines, that if missed, can incur severe financial penalties. As experienced settlement agents, West End Settlements can help you successfully navigate the process, identify potential issues before they arise, and see you through to the successful settlement you deserve without the stress of any missed deadlines.

Question 2

What does a settlement agent do?

Accepted Answer

We handle the complex legal paperwork, financial calculations and communications between all parties, making sure the property is legally handed over on settlement day. Responsibilities can range depending on the transaction in question, but covers things like Checking the Certificate of Title, Prepares and processes the documents to transfer the legal title to the property or business, Coordinating with mortgage brokers and banks, Ensures compliance with the agreed contract terms and conditions, Calculating financial adjustments, including council rates, water charges and land tax, Managing transfer duty requirements.

Question 3

Do I have to use a settlement agent?

Accepted Answer

The simple answer is no, you don't have to use a settlement agent to finalise your property transaction. But when you understand the sheer complexity and financial risks involved with property settlements, as well as the systems and processes required to do that effectively and efficiently, the peace of mind that comes with letting a licensed settlement agent handle the details is well worth the settlement fee.

Question 4

How long does settlement take in Western Australia?

Accepted Answer

Once the contract becomes unconditional, standard property settlement in WA usually takes between 21-45 days, but is dependent on the timeframes specified in the contract. The exact timeline depends on the requirements for both the buyer and the seller and can potentially be extended due to: Financial Approval: Getting the buyer's loan processed. Discharge of Mortgage: Seller's bank releasing the title. Unresolved conditions: Outstanding building repairs that need fixing. Delays to the final inspection: Addressing issues found during pre-settlement walk-through. All these requirements have to be done within the timeframe specified in the contract. Otherwise penalties may apply depending on the terms of the contract.

Question 5

Who pays the settlement fees, the buyer or the seller?

Accepted Answer

Buying and selling property are two different settlement processes. Both the buyer and seller will need their own settlement agent and pay their own respective fees. This doesn't mean either need to provide a lump sum upfront. Sellers usually have their costs deducted from the profit of the sale, whilst buyers have the costs added to the final balance required to complete the purchase at settlement.

Question 6

Do I have to use the settlement agent my real estate recommends?

Accepted Answer

In Western Australia, you're allowed to choose your own settlement agent, as long as they are licensed in WA. Recommendations are nice to have, but you need to make sure you're happy with the agency representing you. Look around, request quotes, read reviews and remember, your settlement agent works for you, not the real estate agent. At West End Settlements we pride ourselves on providing a personal service which is above and beyond.

Question 7

What extra checks are needed when buying a strata title property?

Accepted Answer

A strata title property is part of a collective business structure with shared common property and shared responsibilities, and therefore requires additional administration under the Strata Titles Act 1985. These checks can include: A Section 110 certificate outlining strata levies. A Certificate of Currency confirming building insurance. Verification of potential encroachments or easements. Identification of any interests affecting the common property and/or the strata lot.

Question 8

What happens during the settlement process?

Accepted Answer

The settlement process in Western Australia usually takes between 21-45 days, depending on the timeframes agreed upon in the contract for sale. During that time, we work through 4 main stages: Appointment: Appoint West End Settlements as your settlement agent and sign the necessary documentation to utilise PEXA for your transaction. Verification & Clearance: Once the contract is unconditional, we verify your identity and the property you're purchasing. We ascertain any encumbrances so you're aware and understand the effect. We also notify any relevant authorities (e.g. Water Corporation and local Shire) of the impending transfer of ownership. Adjustments & Final Inspection: Calculating final costs up to the day of settlement, such as council rates and water bills, then the final walkthrough of the property. Settlement Day: Using PEXA, final checks and documents are exchanged and adjusted funds are released. Once everything is finalised, we contact our client to confirm a successful settlement so keys can be handed over.

Question 9

How can I speed up the settlement process?

Accepted Answer

The settlement timeframe is written into your contract and relies on the alignment of multiple parties. So while you can't "speed it up", there are actions you can take to keep things tracking as fast as and as smoothly as possible. Submit your contract to your mortgage broker immediately so they can initiate the unconditional loan approval process. When your loan application is being processed, don't change jobs, apply for new credit cards or make substantial purchases. Any changes to your financial profile can lead to your application being resubmitted. Review documents and return promptly so no one is left waiting for you in order to do their part. Complete your Verification of Identity as soon as you sign the contract so it's ready for any third-party due diligence checks. Book building inspections and pest checks for the earliest possible date. Confirm any extra funds required are sitting in an account ready for transfer. Monitor your emails and phone regularly and respond promptly to any communication.

Question 10

How do I apply for the First Home Owners Grant?

Accepted Answer

If you're eligible for the First Home Owners Grant (FHOG), you can apply directly via the Application Portal. If your mortgage broker is an approved agent, they can assist you with the requirements and paperwork.

Question 11

Is online settlement safe and secure?

Accepted Answer

In Western Australia, property settlements are handled using PEXA. The digital platform uses world class security measures including strict identity verification and closed-loop transfers to eliminate vulnerabilities and scams. They also offer a guarantee that protects against fraud and interception.

Residential, Commercial and Rural Property Settlements

Property Settlement Services include:

Residential

Commercial & Rural

Common settlement questions