Every settlement agent in Western Australia must hold a licence. You can search the public register to confirm before you appoint them. The other factor to consider is price. Your quote should be itemised in writing, as a large portion is government charges that remain the same regardless of your agent.
Who can act for you at settlement?
Two types of representative can act for you on a property settlement in Western Australia. One is a settlement agent, a business licensed to do settlement work. The other is a certified legal practitioner. Either one is called your settlement representative, which is the term the contract uses.
Settlement agent
Consumer Protection keeps a public register of licence holders and you can search it yourself. Search the register by business name before you sign anything and check the name on the register matches the name on the quote.
Legal practitioner
The Legal Practice Board of WA keeps a public register of lawyer. Search the register using the name of the individual lawyer (not the firm name).
You choose, not the agent
The contract has a space for you to name your settlement representative, so most people decide when they make or accept an offer. If you haven’t decided by then, leave the field blank and appoint somebody soon afterwards. The sooner your representative has the contract, the sooner they can start.
An agent may suggest or refer somebody. You’re free to appoint whoever you want.
What should the quote show?
A quote should separate three things:
- the fee the business charges for doing the work;
- disbursements, meaning the costs it pays on your behalf, such as title searches and the electronic settlement fee; and
- government charges such as transfer duty and registration fees.
Government charges are set by RevenueWA and the land titles office, Landgate and should be the same regardless of who you appoint. Your quote should be itemised for transparency.
Who will do the work on your file?
You should ask who will manage your file day to day and whether you can speak to that person directly. In a small business it may be the licensee. In a larger one it will be a file manager whose name and direct line you should have.
Reviews left by previous clients are worth reading. 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 isn’t straightforward?
Most settlements run without incident. The ones that don’t may be due to an issue out of your control. The seller’s bank might not be ready to discharge its mortgage on the day. An owner may pass unexpectedly between contract and settlement. Ask who deals with that and what it costs.
| What to compare | What a good answer looks like |
|---|---|
| Licence | A current licence available on the public register |
| Price | Itemised in writing, separating the fee, disbursements and government charges clearly |
| Who acts for you | A dedicated person with direct contact details |
| Response time | Within a reasonable timeframe |
| 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 give detailed feedback |
Frequently asked questions
Do I have to use a settlement agent at all?
In practice yes, because settlements are completed electronically and only a licensed settlement agent or a lawyer can transact on the platform. If you choose to represent yourself, you will need to complete settlement manually using paper forms. You will need to liaise with all parties to attend settlement in person in the Perth CBD on a business day.
Do I have to use the one the real estate agent suggests?
No. The choice is yours and the contract has a space for you to name whoever you appoint.
Can I change my settlement agent after I’ve signed?
Yes. You can change your settlement representative at any time during the process. You should contact your new representative to start their process and inform your previous agent that they are no longer acting. You may be charged for work they’ve already done.
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.
