Conveyancer and settlement agent are two words for the same job in Western Australia. “Settlement agent” is the term most often used here.
A settlement agent can complete your settlement but can’t give you legal advice. If your settlement runs smoothly you won’t need legal advice at all and we hope that’s the case for you, but if something goes wrong, you’ll need a lawyer to help you.
What is the same whichever you choose
Most of a settlement looks identical from the outside. Whoever acts for you orders the title search and checks what is registered against the property, works out the adjustments, deals with the lender and arranges the transfer of funds. This can be done by a lawyer or a settlement agent.
Does using a lawyer cost more?
Not necessarily. A settlement is priced as a settlement whoever does it, so the gap between two quotes is usually about what each one includes rather than who is doing the work. How to choose a settlement agent in Perth sets out what to separate when you compare them.
What changes is what happens if you do need advice. A settlement agent has to send you to a lawyer, so you’ll need to pay someone to catch up on what’s happened so far. If a law firm is already acting for you, the advice comes from someone who has already read your contract.
Where a lawyer can help
A lawyer can help when something unexpected happens. None of these are things you can plan for:
- you and the seller read the building or termite inspection report differently;
- the property looks different at the final inspection to how it looked at the home open;
- the other side hasn’t done what they agreed to do;
- the other party refuses to settle, or settlement is delayed;
- an owner dies between contract and settlement.
Frequently asked questions
Is a conveyancer the same as a settlement agent in WA?
Yes. People use the two words for the same role.
Can a settlement agent give me legal advice?
No. A settlement agent is licensed to complete your settlement but not to give advice. If a legal question comes up they have to send you elsewhere.
When does a settlement need a lawyer rather than an agent?
A settlement needs a lawyer when a problem arises about what the contract means or what a party is entitled to, rather than just changing the ownership on the title.
Talk to us
At Curae Settlements a lawyer is available on your file if you need one.
Call the settlements team on (08) 9220 4430 or download an itemised quote for your own transaction.
Related: The offer and acceptance contract in WA.
This article is general information and not legal advice. Every property transaction turns on its own facts.
