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Property Settlements

Property Settlements

The West Perth Legal Advantage

How do you choose the best settlement agent in Perth? Here are our advantages:

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  1. Attention to Detail – there are many steps and time critical components involved in a settlement process, and as such, we pay close attention to ensuring that the documentation are checked through and through, and key contractual dates are noted. This ensures that the property settles on time and a successful transfer of title occurs.
  2. Experience – At West Perth Legal, we have successfully settled thousands of settlements. A majority of our work comes from independent referral from industry professionals and existing clients. This speaks volumes for our service.
  3. Our staff - brings experience from both the banking and residential aspects of settlement. In addition, our settlement staff are supported by a lawyer, and this will potentially save you a lot of time and money in the event a legal issue arises.
  4. Tracking settlement - We use technology such as ‘PEXA Key’ an online tracking system for clients to track their settlement in real time. You will receive reminders from us of key tasks and dates throughout settlement, this will ensure that your matter settles on time.
  5. Attentiveness - purchasing or selling a property is one of life’s biggest transactions and you would want a dedicated person available to answer all your questions. At West Perth Legal, you will receive a dedicate staff member to answer all your questions on your settlement. We have a policy of responding as soon as possible, and if not, within 1 working day.

Our Services

Purchase and sale settlement

Whether you are buying or selling, or be it a first home, vacant land, investment property or commercial property, we look after all facets of your settlement from beginning to end.

We offer highly competitive rates to conduct your settlement. Send us an enquiry below, including with any existing quotes you have obtained that you would like us to beat.

Pre-purchase consultation

Purchasing a property is an important decision. We have experienced lawyers who can provide you with legal advice on key terms and conditions, including any special conditions that may be of benefit to you before you make an offer to purchase a property. This could potentially save you thousands of dollars of unexpected costs after settlement.

You will receive:

  • One on one consultation with an experienced lawyer.
  • Advice on key terms and conditions under the standard REIWA contract
  • Special conditions that are relevant to your concerns

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Private transactions

We have experienced lawyers who can draft your Offer and Acceptance Agreement, and any special conditions, and assist you with your private sale from contract drafting to signing to settlement.

You will receive:

  • One on one consultation with an experienced lawyer.
  • A draft Contract for the Sale of Land to reflect the terms agreed between the parties
  • Variations to the Contract as negotiated between the parties prior to settlement
  • Settlement services to complete the transfer of property title

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Related party transfer

We can assist with a property transfer between parties who are related (such as between family members; between trustees of trusts which have common beneficiaries; between joint owners of property; or between related companies).

For a related party transfer, we will:

  • Prepare relevant government forms and conduct government searches
  • Notify the relevant government authorities of the transfer
  • Arrange for the bank to prepare for the transfer
  • Pay relevant transfer duty on your behalf
  • Complete settlement

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Divorce or separation property transfers

If you have a court order or binding financial agreement that requires you to transfer property from one party to another, we can complete the transfer pursuant to the court order or agreement.

Our settlement team will:

  • Prepare relevant government forms and conduct government searches
  • Arrange for transfer duty to be assessed
  • Notify the relevant government authorities of the transfer
  • Arrange for the bank to prepare for the transfer
  • Pay relevant transfer duty on your behalf
  • Complete settlement

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Transmission or survivorship applications

If a loved one has passed away, we can complete the transfer of the deceased’s share of the property to the surviving spouse or partner or to the beneficiaries.

Our settlement team will:

  • Advise you of the paperwork required to complete the transfer
  • Prepare relevant government documents on your behalf
  • Advise government authorities of the change
  • Conduct relevant searches
  • Work with the bank (if relevant) to complete the transfer
  • Pay outstanding rates and taxes on your behalf
  • Pay transfer duty on your behalf
  • Complete the transfer

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Marriage/De facto transfers

If you wish to add your spouse or de factor partner to the title as joint tenants or tenants in common in equal shares, we can assist you with completing this transfer.

Often, the parties only need to pay nominal duty - if they have been married or de facto for two years and the property is used solely or predominantly for residential purposes and is the ordinary residence of the parties at the time of transfer.

Our settlement team will:

  • Prepare relevant government documents on your behalf
  • Advise government authorities of the change
  • Conduct relevant searches
  • Work with the bank (if relevant) to complete the transfer
  • Pay transfer duty on your behalf
  • Complete the transfer

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Subdivisions

Our settlement team will:

  • Prepare the application for new titles
  • Prepare a disposition notice
  • Lodge documentation with Landgate and follow up on your behalf
  • Ensure the title is issued in the correct names

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Change of title

Our settlement team can: 

  • Add or remove a name from the title
  • Change the tenancy on the title (joint tenants/tenants in common)
  • Change the name following the death of an owner/owners
  • Apply for a lost duplicate title
  • Change the name of an owner
  • Lodge a caveat
  • Lodge a name suppression application

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Caveats

A caveat is a warning to a person that the property has an outstanding equity claim by the caveator (the person lodging the caveat). It acts as a statutory injunction preventing any instrument to be registered until notice of the intended registration has been given to the caveator or until the caveat has been removed.

To minimise the risk of property fraud, WA landowners can place a caveat (improper dealings) on their own property to help prevent an unlawful change of ownership. Other parties who claim an estate or interest in the land can also lodge a caveat. For example, the purchaser under a contract for sale of land, tenant of the land, mortgagee, grantee of an option to purchase the land, party benefitted by an easement or restricted covenant in relation to the land may also lodge a caveat.

If you have a debt against the owner of the property, you may be able to lodge a caveat if this is permitted under your loan agreement or if the debt arises from a loan given to the owner of the property for the purchase or improvement of that property.

West Perth Legal’s property lawyers can assist with lodging or removal of a caveat.

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Preparation and registration of Power of Attorney

A person or corporation may appoint an agent to do and sign documents on their behalf in the form of a Power of Attorney. A document executed by an attorney will not be accepted for registration unless the power of attorney has been lodged with Landgate.

We can prepare and lodge a power of attorney on your behalf.

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Property acquisition by foreign purchasers

Foreign persons can apply to purchase new dwellings, vacant land for residential development, or established dwellings for redevelopment into multiple dwellings. Foreign persons are generally ineligible to purchase established dwellings as homes, for use as a holiday home or to rent out.

We assist with Foreign Investment Review Board applications for foreign buyers of property.

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Property Settlement FAQ

Does your quote include all fees and charges?

99% of the case our quote is an accurate reflection of how we charge. In the unlikely event where the work is outside of scope of a normal conveyance, we will seek your instructions before incurring any additional cost.

Do I need to visit your office?

Visiting our office is not mandatory. You can choose to receive your documents via email or post.

What is Property Settlement

Property settlement, or conveyancing, is the process of transferring the ownership of land from one party to another. This could follow the signing of a Contract for Sale of Land by the seller and buyer; or follow the transfer of property to the beneficiaries from a deceased estate; or property settlement as part of a divorce settlement.

During settlement, the seller and buyer should each appoint an independent lawyer or settlement agent to assist them in completing the settlement.

What is a settlement agent and what is a conveyancer?

A settlement agent is also known as a conveyancer. They take care of the processes involved in the transfer of legal ownership of a property.

A lawyer can also perform property settlement. The main difference between a settlement agent and a lawyer is that a lawyer can provide legal advice whereas a settlement agent/conveyancer is not qualified to do so.

In Western Australia, an individual or business undertaking property settlements must be licensed, whether they are a settlement agent, conveyancer or lawyer.

At West Perth Legal, we have staff experienced in property settlement, and lawyers who can assist if a legal issue arises.

Are lawyers more expensive than settlement agents?

Contrary to popular belief, not necessarily. Some law firms have their own settlement agents and the pricing are often very competitive. In addition, you have the advantage of access to legal advice should it be required.

What does a settlement agent do?

Below is a brief description of what our settlement team does for you:

  1. We lodge your contract with the relevant government authority and ensure that they are notified of the transfer.
  2. We make necessary enquiries, such as title, rates and zoning on your behalf.
  3. We pay on your behalf outstanding Council Rates, Water Rates, Land Tax and Strata Levy at settlement.
  4. We work with your bank to process settlement.
  5. We keep you informed of the progress of your settlement using the latest technology.
  6. We ensure the details of ownership on the certificate of title is complete.
  7. We advise you of the funds required for settlement.
  8. We attend settlement on your behalf.

Book a free initial phone consultation and receive answers to all your legal questions

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