Flat Rate Settlements

Settlement lawyers Perth WA

Free agency – consider a private sale

Selling your property yourself, without using the services of a real estate agent, is known as a private sale.

Pros and Cons

The obvious advantage of a private sale is not paying a real estate agent’s fee, which may be a substantial saving, particularly an agent’s fee calculated as a percentage of the sale price (commission) being the traditional pricing model favoured by most real estate agents.

The obvious disadvantage of  private sale is the time and effort you must spend advertising and presenting the property for sale, including hosting home-opens, negotiating and preparing the sale contract. You may lighten the burden of these tasks by engaging the services of businesses that provide marketing resources and advice for people who make the choice to sell privately. There is a trend towards unbundling real estate services in this way, allowing property sellers to select and pay for only the services they require.

Tips for private sellers

If you are selling privately, we recommend you:

  • contact the Real Estate Institute of Western Australia and obtain a copy of the standard-form Offer and Acceptance real estate contract and accompanying booklet of General Conditions.  If you are selling a strata property, you should also obtain copies of the standard-form Forms 28 and 29 which facilitate the compulsory Strata disclosures;
  • contact Landgate and obtain a copy of the Record of Certificate of Title for your property and the Strata Plan (if applicable);
  • you may find our Legal guide to buying and selling real estate in WA a useful resource; and
  • always obtain legal advice before you sign a contract. As your independent settlement lawyers, contact us to book a 30-minute ($198) or 60-minute consultation ($385) to review your draft contract;
  • appoint us as your settlement representative!

Michael Hodgkins

Michael has been a partner of Birman & Ride since 1 July 2009. He leads the firm’s family and property law teams which offer a broad range of services including real estate settlements, property and commercial law, family law, wills, estate planning, probate and estates. The firm is a… View full profile »

Telephone: (08) 9220 4455 | Email: mh@birmanride.com.au

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