Handy Hints For Buyers

Always have a good look at the property before you make an offer.  If you discover at your final inspection a cracked shower screen, the Seller is under no obligation to fix it unless you can prove it was not cracked when you made your offer.  Avoid any last minute hiccups by taking your time to inspect the property thoroughly.

If you discover any items that need repair you have a number of choices:

  • You accept the property as is and make your offer taking into account the cost of the repairs you will have to do at a later date. A special condition should be put on the contract stating that the Buyer is aware that eg the airconditioner does not work.
  • You make your contract conditional upon the item being fixed at least three days prior to Settlement at the Seller's expense.
  • You could make your offer subject to quotes being obtained to effect the repairs and the amount of the quote is to be allowed to you on Settlement.

The Offer and Acceptance Contract

Prior to entering into an Offer and Acceptance Contract we recommend you seek legal and accounting advice to determine which name the property should be purchased in. It is imperative that the Contract clearly show who the Buyer will be. Buyers should be aware that it is illegal to make any amendments to the Contract or destroy it after it has been fully executed. Every Contract is dutiable unless evidence is provided that the Contract was brought to an end due to a non fulfilment of a condition. Please also remember that there are only certain conditions which if not satisfied will result in the contract being brought to an end. When in doubt, please contact us.

For more information on completing the offer and acceptance contract visit our “Writing contracts and special conditions page”.

If you are purchasing the property for your Superannuation Fund or as Trustee for a Family Trust, special care needs to be paid to ensure that the Contract is prepared correctly. e.g. John Smith as Trustee for the John Smith Family Trust   Or   Smith Pty Ltd as Trustee for the Smith Superannuation Fund.

How much deposit should I pay?

When deciding on how much deposit to pay take into consideration your duty liability and ensure you leave sufficient funds in your account to pay the duty amount prior to Settlement.  Visit our calculator page to calculate your duty liability.

Fees and Disbursements payable by the Buyer

  • Duty  - refer to the calculator page
  • Transfer registration fee - refer to the calculator page
  • Search fees - A copy of each document from the Landgate will cost $19.25. The minimum search fees, per property purchase is $48.12..
  • Disbursement fees for telephone calls, postage, photocopying etc.
  • Bank Cheque fees
  • Rates enquiry fees – estimated at $172.04
  • Strata enquiry fees - $110.00
  • Your proportion of rates, taxes and levies from the Settlement Date to the 30th June

As your Conveyancer what do we do?

  • Upon receipt of the Contract it is checked carefully to ensure all is in order.  A file is created and we will send you an Appointment to Act.  Once your contract is unconditional we will order searches and prepare documents and statements and liaise with all parties in the transaction.  We conduct regular follow ups and make sure that everyone is doing what they should including you!!
  • When sending documentation to you we will request you provide a cheque for duty. If you qualify for the First Home Owners Grant (FHOG) you may also qualify for a rebate or exemption of duty.  The Office of State Revenue will write to you to confirm approval of your FHOG application and will also provide you with a form that enables you to obtain the duty rebate/exemption.  This form must be provided to us as soon as possible as failure to do so could result in you having to pay the full duty.

Overseas and Interstate Buyers, should note:

  • There is no cooling off period
  • There is no “exchange” of contract in WA
  • There are no compulsory Seller disclosure requirements in WA except for the sale of Strata Lots.
  • Contracts in WA are usually completed by the Real Estate Agent, signed by the Buyer and then presented to the Seller for acceptance.  Once the Seller has accepted the offer the contract is “exchanged”.
  • It is considered prudent to allow additional time for Settlement, as documents will need to be sent to you for execution.
  • For overseas Buyers take care when completing your details on the Contract and ensure that you check the spelling and order of your names.