Are you Buying or Selling a Property in Perth - or anywhere in WA?

Make it painless, seamless, smooth & worry free with the most professional settlement specialists in the state.

Make it Painless, Seamless, Smooth and Worry Free with the Most Professional Settlement Specialists in the State.

Buying or selling your house is one of the most important transactions you will perform so you need the best team to act for you. Perth Legal Property & Settlements are more than just property settlement agents in Perth. Our team consists of administrators, paralegals and lawyers so that we can provide a full service at a low fixed price.

From purchase all the way to settlement we are here for you, offering a full service for a low fixed price. Ease your mind that everything is taken care of with a high-quality professional property conveyancing service from purchase all the way to settlement.

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The 5 questions you need to ask, and get answers to, BEFORE you sign up with any Settlement Agent. As soon as you hit the Submit button we will send you to another page with a simple download link!

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What is Conveyancing?

Conveyancing is the process of transferring ownership or title in property between people or entities. This process includes the preparation and lodgement of Landgate documents, ensuring that the Buyer receives clear title and the Seller receives the purchase price, subject to adjustments for prepaid or outstanding property expenses.

Most settlements occur electronically using the PEXA platform and we find it significantly reduces the risk of a delayed settlement. In some cases, we may need to settle the transaction in person with physical paper documents; this is most common where one of the parties is the executor or administrator of a deceased estate. We will advise you early in the process if we will need to conduct a paper settlement.

Our fees start at $1100+ GST for buyers and $900+ GST for sellers. Disbursements such as Landgate fees are additional, and you will be informed of the total before we start work. The full fixed-fee quote will be provided prior to the commencement of our service.

Unlike regular settlement agents, if problems arise during the settlement process, we can advise you on the legal issues to get things back on track.

Our Conveyancing Process:

Buying Or Selling Property

1. When you make or accept an offer and sign a contract subject to the satisfaction of any special conditions, such as timber and pest inspections.
2. You will appoint us as your settlement agent, within the contract or after the contract has been signed.
3. The real estate agent will send us the signed contract, once we have been appointed

Perth property disputes legal advice team discussing contract details in modern office meeting room - Conveyancer

Initial Contacts

1. You will contact us to act for you as your settlement agent
2. We will contact the other sides settlement agent to introduce ourself and confirm the details of the settlement, like the settlement date and whether it will occur electronically or in person.
3. We will send our new client form to you to gather some more required information. We will also send our engagement letter to you so you are fully aware of all the costs associated with the settlement which will need to be signed and agreed to, to formally appoint us as your settlement agent.

Professional signing property dispute documents at Perth legal office providing property disputes legal advice - Conveyancer

Preparation for Settlement

1. To prepare for settlement we prepare a settlement statement to adjust for any paid or unpaid rates and water charges that may slightly alter the amount due on settlement day.
2. We will prepare the discharge of the mortgage and send to you to sign, if you are selling and it is relevant.
3. We will attend to a Stamp duty assessment if you are purchasing, this amount will be outlined in our engagement letter.

Scales of justice on wooden table in courtroom, representing property disputes legal advice Perth services - Conveyancer

Settlement & Post Settlement

1. We will attend settlement either electronically or in person and the monetary amounts and required documents are handed over to the relevant people and the sale or purchase is then finalised.
2. Once settlement is finalised we will let you and your real estate agent know that it has been completed and then they will contact you regarding the exchange of keys.

Frequently Asked Questions

What Happens When Preparing The Contract?

A significant majority of sales are made using the REIWA Contract for the Sale of Land or Strata Title by Offer and Acceptance (O&A), which incorporates the Joint Form of General Conditions for the Sale of Land (General Conditions) as the terms and conditions which apply to your transaction. You will note that on this O&A, you can nominate if the contract is to be conditional on you obtaining finance. If you do not obtain finance by the time specified, the Seller may exercise the option to terminate the contract, in which case, the deposit will be returned to the buyer. It is common for most purchases to include a number of special conditions, such as termite and pest inspection or structural inspection for major defects. These special conditions must be precisely worded to avoid future disputes and must be satisfied in order for the contract to be binding. Upon satisfaction of these special conditions or the expiration of time to give notice, the contract becomes unconditional and will be bound to perform your obligations under the contract.

Our fees start at $1100+ GST for buyers and $900+ GST for sellers. Disbursements such as Landgate fees are additional, and you will be informed of the total before we start work. The full fixed-fee quote will be provided prior to the commencement of our service.

A Settlement Statement, also known as an adjustment statement, is a document that outlines the adjustments to the purchase price to account for:
(a) the deposit paid;
(b) any obligations/expenses being paid by the other party, such as the discharge of mortgage fee (which is the Seller’s obligation) being paid by the Buyer upon registration of the transfer; and
(c) charges such as council rates, water rates, water usage and strata levies/insurance which are prepaid or outstanding and need a pro rata adjustment.
A Settlement Statement can be confusing to understand, particularly where there are interest charges on outstanding amounts; discounts, such as pensioner rebates have been applied; and processing fees that have been charged where the Seller has entered into a payment plan. These adjustments cannot be apportioned between the parties.

As most settlements occur through PEXA, we will review the workspace online. We sign the transfer and financial statements on your behalf and provide authority for any funds held in trust to be uploaded onto the system at the time of settlement. When it is time for settlement, PEXA’s automated system will process the documents. Upon being satisfied it will disburse the funds into the relevant accounts. In the following days, PEXA will lodge the transfer with Landgate. If it is a paper settlement, we will confirm the cheque directions and, if necessary, prepare our own trust cheques. All parties, or a representative of each party, will attend the same location (usually Landgate or the incoming mortgagee’s agent’s office) to exchange documents and cheques. We charge a paper settlement fee to cover these costs of an agent attending. Once settlement has been effected, you will receive an email from us confirming that settlement occurred and that the Buyer can receive the keys. Please note that, if the Seller uses the property as their principal residence, they are entitled to remain in occupation until noon the next day, though this is uncommon. Most people move out of the property on the morning of the settlement with keys/security devices exchanged around lunchtime/afternoon once confirmation of settlement is received by the Seller’s agent.

There is a three business day grace period for settlement to occur in which there is no interest payable. After this period:
(a) if the delay is due to the Buyer, the Buyer must pay interest on the balance of the purchase price and any other moneys payable at the date of settlement; and
(b) if the delay is due to the Seller, the Seller must allow a deduction from the purchase price an amount equal to interest on the balance of the purchase price. The other party must be ready, willing and able to complete the settlement on the original settlement date to be entitled to interest. If they are not, interest will only accrue once they give notice that they are ready, willing and able to settle.

Our Services

CONTACT US

PERTH:
Level 25, 197 St Georges Terrace, Perth WA 6000
08 6256 2888
contact@perthprobatelawyer.com

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