In Western Australia you can be represented at settlement either by a licensed settlement agent or by a law firm.
Who can act for you at settlement?
Two kinds of businesses can act for you on a property settlement in Western Australia. One is a licensed settlement agent, regulated to carry out settlement work. The other is a law firm.
Both complete ordinary settlements every day. Either one is called your “settlement representative”, which is the term the contract uses.
You choose who acts for you
The contract has a space for you to name your settlement representative, so most people decide at the moment they make or accept an offer. If you haven’t decided by then, leave the field blank and appoint someone soon afterwards. The sooner they have the contract, the sooner they can start.
What to ask about price
The price should be in writing before you commit. Ask for a quote that separates:
- the fee your representative charges for doing the work;
- disbursements, meaning costs paid on your behalf such as title searches and the electronic settlement fee; and
- government charges such as transfer duty and registration fees, which are the same wherever you go.
Who will actually do the work?
You should ask who will manage your file day to day and whether you can speak to that person directly.
How quickly do they respond?
Settlements have deadlines, so a fast response time is important. Consider how quickly they get back to you and who answers when your usual contact is away.
What people say about them
Have a look at the reviews left by previous clients. A review that names the person who acted and says what happened tells you more than a five-star rating with no detail.
What happens if your settlement is not straightforward
Most settlements are straightforward. Some are not. The title might carry a caveat, which is a notice someone else has lodged claiming an interest in the property. An owner might die between contract and settlement or the other side might simply not do what they agreed to do. Ask who deals with that and what it costs.
| What to compare | What a good answer looks like |
|---|---|
| Price | Itemised in writing before you commit, separating the fee from disbursements and government charges |
| Who acts for you | A named person with a direct line |
| Response time | A commitment you could hold them to |
| If it gets complicated | A clear answer on who handles it and what it may cost |
| Reputation | Recent reviews that name the person who acted and say what happened |
Frequently asked questions
Do I have to use a settlement agent at all?
In practice yes. Settlements here are completed on an electronic conveyancing platform and only a licensed settlement agent or a lawyer can transact on it. If you choose to represent yourself you’ll need to complete settlement manually, on paper forms.
Can I change my settlement agent after I have signed?
Yes, you can change your settlement representative at any time during the process. You should contact your new agent to arrange this and advise your previous agent of the change. Your previous agent may have completed work for you already, so they may charge you for services already provided.
Talk to us before you choose
We act for buyers and sellers on residential and commercial property settlements across Perth and Western Australia.
You can download an itemised quote for your own transaction at any time or call the settlements team on (08) 9220 4430.
Related: What is a settlement?
This article is general information and not legal advice. Every property transaction turns on its own facts.
