The Three Documents That Matter
WA property sales run on standardised forms. You'll sign two of these before a buyer even appears. The third is the sale contract itself.
Agency Agreement (Appointment to Act)
Signed before the agent can market your property
This is REIWA Form 109. It sets the commission rate, lock-in period, marketing costs, and whether you pay if you find your own buyer. Most sellers sign it on their phone in five minutes without reading the clauses.
We wrote a clause-by-clause breakdown of what you're actually agreeing to. Read it before you sign.
Offer and Acceptance (O&A)
The sale contract — binding once both parties sign
The O&A covers price, deposit, settlement date, inclusions/exclusions, and special conditions (finance, building inspection, subject to sale). It's accompanied by the Joint Form of General Conditions — standard legal terms from REIWA and the Law Society of WA.
Our WA property contracts guide explains what each clause means and what to negotiate.
Common Conditions
Clauses that let buyers exit if requirements aren't met
Finance clause(14-28 days) — buyer can exit if loan isn't approved. Shorter periods and pre-approval letters indicate stronger buyers.
Building and pest inspection (7-14 days) — buyer can negotiate repairs, price reduction, or exit. Consider getting your own inspection before listing.
Subject to sale (30-60 days) — buyer must sell their own property first. Higher risk for you. Negotiate an escape clause allowing backup offers.
The Selling Process, Start to Finish
Five stages. Most of the complexity sits in stages 1 and 4. The rest is straightforward if you've done your homework upfront.
This is where most sellers either set themselves up well or create problems that cost them later.
Property Prep:
- • Declutter and deep clean
- • Fix the small things (handles, paint, grout)
- • Garden and kerb appeal
- • Professional photos — they add ~$18K to sale prices
Legal Compliance:
- • Install 2 RCDs (safety switches)
- • Smoke alarms (mains-powered if pre-1997)
- • Fence compliance check
- • Pool compliance certificate (if applicable)
Common mistakes at this stage cost Perth sellers an average of $15,000. Read the 12 most expensive ones.
Before your property goes live, you sign an agency agreement. This is the most consequential document in the process — more so than the sale contract — because it locks you in before any buyer has appeared.
What to watch for:
- • The lock-in period (negotiable — ask for 30-45 days)
- • Whether you pay commission if you find your own buyer
- • Marketing costs — paid upfront, separate from commission
- • The tail period after the agreement ends
We wrote a clause-by-clause breakdown of the REIWA agency agreement. Read it before you sign anything.
Agent fees:
Traditional agents charge ~2.5% commission plus separate marketing costs (VPA). Fixed fee agents charge a flat rate regardless of sale price. We did the maths on both models.
Your listing goes live on realestate.com.au. Home opens typically run on weekends. In Perth's current market, serious interest usually arrives within two to four weeks.
Evaluating offers:
Look beyond price. Settlement date, conditions (finance, building, subject-to-sale), deposit size, and buyer circumstances all matter. A slightly lower unconditional offer is often stronger than a higher conditional one. Be wary of agents who push you to accept the first offer quickly.
Once the Offer and Acceptance is signed by both parties, it's legally binding. There is no cooling-off period in WA. The settlement period is typically 30-90 days.
What happens:
- • Buyer satisfies conditions (finance, building)
- • Settlement agents prepare documents
- • Banks arrange mortgage discharge/setup
- • Final adjustments calculated (rates, water)
Your tasks:
- • Appoint a settlement agent
- • Notify your bank if mortgaged
- • Arrange moving and utility disconnection
- • Cancel insurance after settlement
We cover the key contract clauses and the full settlement process in separate guides.
Ownership transfers. Most WA settlements now happen electronically via PEXA. Your settlement agent handles everything — you just need to have moved out and handed over the keys.
With PEXA, cleared funds often arrive in your account within an hour of settlement completing.
Legal Requirements Before You List
These apply whether you use an agent or sell privately. Get them sorted early — a failed compliance check can delay settlement.
RCDs (Safety Switches)
At least two RCDs must be installed. An electrician can install and certify compliance — usually under $300.
Smoke Alarms
Homes built before 1997 need mains-powered alarms. If wiring is impractical, 10-year battery alarms are acceptable.
Pool/Spa
Current barrier requirements apply. You need a compliance certificate before settlement can proceed.
WA follows caveat emptor (buyer beware), but you cannot mislead buyers. When in doubt, disclose. Non-disclosure of material facts can lead to legal action after settlement.
Disclose if you know about:
- • Structural issues or defects
- • Flooding or drainage problems
- • Asbestos presence
- • Contamination (including former drug labs)
- • Boundary disputes or encroachments
- • Planned nearby developments
What It Actually Costs to Sell
Most sellers budget for commission and forget the rest. Here's the full picture.
| Cost | Typical range |
|---|---|
Agent commission ~2.5% traditional or fixed fee | $8,000–$21,000+ |
Marketing (VPA) Photography, REA listing, signboard — paid upfront | $2,000–$5,500 |
Settlement agent Conveyancer for legal paperwork | $800–$1,500 |
Mortgage discharge Bank fee to release title (check for break costs on fixed-rate loans) | $150–$400 |
Compliance RCDs, smoke alarms, pool certificate | $200–$500 |
Capital gains tax Investment property only — talk to your accountant | Varies |
But understanding it helps you price competitively — a $50K jump in sale price can add $2K+ to your buyer's duty bill.
WA Transfer Duty Calculator (Revenue WA)Key Organisations
These organisations play important roles in WA property transactions.
Real Estate Institute of Western Australia. The industry body representing about 90% of WA real estate agencies.
- • Creates standard contract forms (O&A, General Conditions)
- • Publishes market data and suburb statistics
- • Sets industry standards and training
WA's land information authority. Manages all property titles and ownership records.
- • Maintains official ownership records
- • Registers all property transfers
- • Provides title searches and property information
Government agency regulating real estate agents and settlement agents in WA.
- • Licenses real estate and settlement agents
- • Handles complaints about agents
- • Publishes consumer guides and information
Property Exchange Australia. The electronic platform used for most WA property settlements.
- • Enables paperless, same-day settlements
- • Connects banks, settlement agents, and Landgate
- • Funds clear within hours, not days
WA Property Glossary
Plain English explanations of terms you'll encounter when selling property in Western Australia.
Official Resources
Government and industry links for accurate, up-to-date information.
WA Consumer Protection
Official guide to property contracts and your rights
Transfer Duty Calculator
Official WA Government stamp duty calculator
First Home Owner Rate
Duty concessions for first home buyers
REIWA Market Data
Suburb prices, trends, and market statistics
Appointment to Act Guide
Requirements for agent appointments
Landgate
Title searches and property information
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