Property and conveyancing
Buying or selling property in Western Australia
A property transaction begins before settlement, and cost is more than a single figure. A proper quote separates the professional fee from GST, statutory searches, identity verification, electronic settlement charges and Landgate costs, and flags any work outside an ordinary settlement. Obtain advice early, and keep your lawyer informed as your contract, finance or circumstances change.
Conflict clearance and written engagement are required before the firm acts.Quick answer
Do I need a lawyer or a conveyancer to buy or sell property in Western Australia?
In Western Australia both a lawyer and a settlement agent can attend to settlement. A property lawyer can also advise on the contract terms, special conditions, finance and inspection deadlines, and related issues such as ownership structure, family loans and estate planning. Advice is most useful before you sign, or as soon as you receive a contract.
- Both a lawyer and a settlement agent can attend to settlement in WA.
- A lawyer can also review contract terms, special conditions and deadlines.
- Finance and inspection clauses have strict dates that can affect your deposit.
- Transfer duty, registration and search fees are payable on top of professional fees.
- Identity verification (AML/CTF) now applies to every settlement, and foreign buyers may face FIRB approval and a WA duty surcharge.
- It is usually better to obtain advice before signing than after.
Jurisdiction: Western Australia.
If you are buying
- Confirm the correct buyer name and ownership structure.
- Understand finance and inspection conditions.
- Identify title restrictions, leases or encumbrances.
- Arrange identity and settlement documentation promptly.
- Document any money contributed by parents or relatives.
If you are selling
- Confirm title names and authority to sell.
- Disclose relevant matters accurately.
- Understand inclusions, exclusions and special conditions.
- Prepare discharge-of-mortgage and identity documents early.
- Obtain estate, survivorship or family-law documents where ownership is affected.
How much does conveyancing cost in Perth?
A conveyancing quote should separate the professional fee from government charges, electronic-settlement charges, searches and other disbursements. The final cost depends on the transaction and agreed scope, not merely the property price. For buyers, transfer duty (administered by RevenueWA) is usually the largest single cost and scales with the price.
- Professional fee and GST.
- Title and statutory searches.
- Verification-of-identity costs.
- Electronic settlement (PEXA) charges.
- Landgate and government registration fees.
- Transfer duty for buyers - use the RevenueWA calculator; first-home and other concessions may apply.
- Whether pre-signing contract advice is included.
What does a conveyancing quote usually cover, and what can add cost?
A comparable quote lets you see the professional fee separately from disbursements, and states what falls outside ordinary settlement work. Several circumstances commonly increase scope beyond a standard purchase or sale.
- Ordinary scope generally covers reviewing the signed contract, standard searches, verification of identity, liaising with the other side's representative and attending to settlement.
- Buyer and seller costs differ - buyers usually meet transfer duty and finance-related searches; sellers usually meet mortgage-discharge and payout costs.
- Related-party transfers (family members or related entities) can require extra duty, valuation or documentation steps.
- Deceased-estate transfers may need probate or letters of administration before or alongside settlement.
- A caveat, notice of default or unresolved title problem generally falls outside ordinary settlement work and is scoped separately.
- Buying through an SMSF, company or trust, or as a foreign person, adds structuring, compliance or duty steps - see below.
- Off-the-plan and new-build contracts carry their own risks and often need extra review time - see below.
- The lowest quoted figure may not include pre-signing contract advice, negotiation or unusual work - ask what is excluded, not only what is included.
Typical scope by transaction type
This is general guidance only. Your actual scope, and what is included or excluded, is set out in the firm's written quote after we review your documents.
- Ordinary settlement - reviewing the signed contract, standard searches, verification of identity and attending to settlement; excludes negotiating terms before signing.
- Pre-contract review - reading and explaining a contract or offer before you sign, including special conditions; does not include acting at settlement unless separately instructed.
- Complex transfer - related-party transfers, deceased-estate transfers, or SMSF, company, trust or foreign-person purchases; usually needs extra documentation, structuring or duty steps beyond ordinary settlement.
- Settlement dispute - a caveat, notice of default, terminated contract, or a dispute about the deposit or defects; generally requires separate advice, priced outside any standard settlement scope.
Verification of identity and AML/CTF checks
From 1 July 2026, Australia's anti-money-laundering and counter-terrorism financing (AML/CTF) regime extends to lawyers, conveyancers and other newly regulated professions providing designated services, including property settlements (AUSTRAC, verified 25 July 2026). In practice, every buyer and seller can expect identity verification, and - depending on the transaction - questions about the source of funds and the ownership of any company, trust or SMSF involved. This is a statutory obligation on the firm, not a comment on you individually, and applies alongside any checks your lender or PEXA subscriber already carries out.
- Photo identification and proof of address are needed for every buyer, seller and signatory.
- Company, trust or SMSF structures may need further checks on directors, trustees, unit holders or beneficial owners.
- Higher-risk transactions (large cash components, overseas transfers, complex structures) can attract closer source-of-funds questions.
- Providing requested identification promptly helps avoid delay - late identification is a common cause of slower settlements.
Buying as a foreign person: FIRB approval and WA's foreign buyer duty
From 1 April 2025 to 30 June 2029, foreign persons - including temporary visa holders - generally cannot buy an established dwelling in Australia unless a limited exception applies. Foreign-buyer purchases are usually confined to new or near-new dwellings and vacant residential land (ATO, verified 25 July 2026). If you are not an Australian citizen, permanent resident or New Zealand special category (subclass 444) visa holder, you generally need foreign investment approval before buying residential property; residential applications are administered by the Australian Taxation Office. Western Australia also charges an additional 7% foreign transfer duty surcharge on top of standard transfer duty where a 'foreign person' buys residential property. Australian citizens, permanent visa holders and New Zealand special category (subclass 444) visa holders are not foreign individuals for that surcharge; temporary visa holders generally are (RevenueWA, verified 25 July 2026). Approval fees are tiered by price and dwelling type and re-indexed every 1 July - for 2026-27 the lowest published residential fee is $4,600 for a new or near-new dwelling under $75,000 (ATO, verified 25 July 2026). Confirm the current rules and fee for your circumstances before relying on any figure.
- Confirm your residency or visa status, and whether FIRB approval is required, ideally before signing.
- Check the current FIRB fee for your price bracket and dwelling type - fees are indexed every financial year.
- Ask us to confirm whether the WA foreign transfer duty surcharge applies to your purchase.
- Some visa categories and circumstances can affect your status - do not assume an exemption without checking.
What do pre-settlement searches check?
Searches confirm the property and parties match what the contract describes, and surface anything that could affect your ownership or the price. Which searches are appropriate depends on the property and the transaction.
- Title search - current ownership, registered mortgages, caveats, easements and restrictive covenants.
- Rates, water and land-tax certificates - amounts owing or adjustable at settlement.
- Strata or survey-strata search - by-laws, levies, minutes and any special levies, where applicable.
- Bankruptcy, company or PPSR searches - relevant where a party is a company or trust, or a security interest may exist.
- Planning, building-approval or heritage checks - relevant where structures, use or development are in issue.
- Verification of identity and authority for every signatory.
If a search or contract issue is found, or settlement does not proceed
Issues found during a transaction range from minor (a rates adjustment) to significant (an undisclosed encumbrance, unapproved structure or boundary problem). What happens next depends on the contract terms and the nature of the issue.
- An issue is usually raised in writing with the other party's representative as a requisition or query.
- Depending on the contract, options can include the seller resolving the issue, a price adjustment, an extension of time or, in limited circumstances, termination.
- If settlement cannot proceed on the agreed date - for example, finance, a discharge or a document is not ready - tell your representative before the deadline, because rights and any deposit can depend on strict compliance with contract dates.
- A failed or delayed settlement can lead to default notices, interest, or a dispute about the deposit; early advice materially improves your options.
Off-the-plan and new-build purchases: additional risks
Off-the-plan and new-build contracts carry risks that do not arise when buying an established home, because you are contracting for something not yet complete.
- Sunset clauses can allow the developer, and sometimes the buyer, to rescind if construction is not finished by a set date.
- Plans, specifications and finishes can usually be varied within contractual tolerances - check what changes are permitted.
- The strata scheme, by-laws and levies may not be finalised when you sign.
- GST (including the margin scheme and any GST-withholding obligation at settlement) can apply differently to new residential premises - obtain accounting advice before signing.
- Deposit funds may be held as cash or a deposit bond - understand how and when they are released.
- Construction delays can affect your finance-approval period and any existing property you are relying on selling.
Ownership structures and tax questions we may flag
Some purchases raise questions best answered together with your accountant or financial adviser. We can flag these issues and coordinate the legal steps, but tax advice and structuring recommendations are for your accountant, not this firm.
- Buying through a self-managed super fund (SMSF), company or trust changes the contracting party, borrowing arrangements and compliance steps.
- Reselling relatively soon after buying, subdividing, developing or renting out the property can raise capital gains tax, GST and income tax questions - these are matters for a registered tax agent or accountant, not advice we provide directly.
What to prepare
- Property address and title reference, if known.
- Whether you are the buyer or the seller.
- Whether the contract is signed or still being negotiated.
- The proposed or agreed settlement date.
- Your finance-approval deadline, if applicable.
- Any special conditions in the contract.
- The intended ownership structure - individual, joint owners, company, trust or SMSF.
- Whether this is a related-party transaction (a family member or related entity).
- How urgent the matter is.
Fees and scope
Settlements are a fixed fee including GST: $1,100 for buyers and $880 for sellers, plus office disbursements of $300 to $550 itemised at cost for searches, certificates and lodgement fees. Most buyers pay $1,400 to $1,650 all up and most sellers $1,180 to $1,430. Transfer duty and Landgate registration fees are paid to government and are separate, as are building, pest and strata inspections. We re-quote before doing extra work if the contract is varied or settlement extended more than once, a caveat or title defect needs resolving, the matter involves a deceased estate or a party without capacity, or settlement fails and must be rebooked. See our published fees for the full schedule.
COMMON QUESTIONS
Frequently asked questions
Do I need a lawyer or a settlement agent?+
Both can attend to settlement in WA. A lawyer can also advise on contract terms, special conditions, disputes and related issues such as ownership structure, family loans and estate planning. Confirm scope before engaging.
Can conditions be added after signing?+
Changes to a signed contract generally require the agreement of the other party. It is usually better to address finance, inspection and special conditions before signing.
What if finance is not approved in time?+
Finance clauses have strict dates. If approval is at risk, seek advice before the deadline, because missing it can affect your rights and deposit.
Who pays government charges?+
Transfer duty, registration and search fees are generally payable by the relevant party in addition to professional fees. These should be set out separately in your costs information.
How much does conveyancing cost in Perth?+
A quote separates the professional fee from disbursements (searches, PEXA, Landgate) and, for buyers, transfer duty - which scales with the price and is usually the largest cost. Legal Care does not publish fixed prices online; after an initial consultation we provide a written, fixed-fee quote with clear inclusions and exclusions.
Are search fees included in the quote?+
Search fees (title, rates, water, land-tax and similar certificates) are usually disbursements charged in addition to the professional fee, though some firms bundle a standard set into a package price. Ask for this to be stated clearly before you engage us.
When should I obtain a conveyancing quote?+
Ideally before you sign, or as soon as possible after you receive a contract. A quote requested before signing can also cover reviewing the contract itself, not only settlement.
What commonly causes extra conveyancing fees?+
Related-party or deceased-estate transfers, foreign-buyer status, SMSF, company or trust ownership, a caveat or title problem, a contract dispute, and off-the-plan or new-build contracts commonly add work beyond an ordinary settlement.
Why do I need to provide identification for a straightforward purchase or sale?+
Verification of identity has been required for Western Australian land transactions for years under the Registrar of Titles' Joint Practice, separately from any anti-money-laundering rules. From 1 July 2026, AML/CTF obligations also apply to lawyers and conveyancers providing property-settlement services, which can add customer due diligence and source-of-funds enquiries. These requirements apply to every transaction and are not a comment on you individually.
Do foreign buyers pay extra duty on WA property?+
Western Australia charges an additional foreign transfer duty surcharge, currently 7%, where a 'foreign person' buys residential property, on top of standard transfer duty. Temporary visa holders are generally treated as foreign persons for this purpose; ask us to confirm how this applies to your situation.
What happens if settlement is delayed or falls through?+
The contract terms and the reason for the delay determine the options, which can range from an agreed extension to a default notice, interest, or a dispute about the deposit. Tell your representative before the settlement date if there is any risk of delay.
Are off-the-plan purchases different from buying an established home?+
Yes. Off-the-plan and new-build contracts can involve sunset clauses, permitted changes to plans and finishes, a strata scheme that is not yet finalised, and different GST treatment. Review these risks before signing, not after.