Western Australia Legal Requirements for Selling Property: Complete 2026 Guide
Legal Requirements for Selling Property in Western Australia: Complete 2026 Guide
See Complete Western Australia Private Sale Guide
When selling property without a real estate agent in Western Australia (FSBO - For Sale By Owner), understanding your legal obligations under the Transfer of Land Act 1893 and Real Estate and Business Agents Act 1978 is essential. WA has unique property laws that differ from eastern states, particularly around settlement processes and professional requirements.
Whether you're selling a house in Perth, a property in regional WA, or anywhere in the state, these legal requirements apply to all private property sales. By following these regulations and engaging qualified professionals, you can save $15,000-$30,000 in agent commission while maintaining full legal compliance.
See 8 steps to sell privately in Western Australia
The Four Essential Legal Requirements in Western Australia:
Contract of Sale prepared by qualified professional
Form 1 Vendor Disclosure Statement with all required information
Full disclosure of property defects and material facts
Deposit held in statutory trust account by licensed settlement agent
Note: Western Australia is unique in using settlement agents rather than conveyancers for most property transactions. This is a WA-specific profession that handles property settlements and transfers.
Contract of Sale Requirements in Western Australia
What is a Contract of Sale in WA?
The Contract of Sale (also called Offer and Acceptance) is the legally binding document that outlines all terms and conditions of your property transaction in Western Australia. Unlike some other states, WA doesn't require the contract to be prepared before marketing, but it must be ready when you receive offers.
Who Can Prepare Contracts in Western Australia?
WA property transactions are typically handled by settlement agents rather than conveyancers. Only qualified professionals can prepare property contracts:
Licensed Settlement Agent:
WA-specific profession regulated by Consumer Protection WA
Specialized in property settlements and transfers
Cost: $400-$800 for complete service
Handles majority of residential property sales in WA
Member of Australian Institute of Conveyancers WA or Settlement Agents Institute of WA
For FSBO sellers in WA: Settlement agents are the standard choice, offering specialized property expertise at competitive rates.
What Must Be Included in WA Contracts?
Your Contract of Sale must contain:
Full property description (address, lot/plan, certificate of title details)
Purchase price and deposit amount
Settlement date (typically 30-60 days in WA)
Vendor (seller) and purchaser (buyer) details
Fixtures and fittings included/excluded
Special conditions (if any)
Finance terms (if buyer requires a loan)
Building and pest inspection clauses (if applicable)
Reference to Form 1 Vendor Disclosure
Standard Contract Terms in Western Australia
Settlement Period: Typically 30-60 days for Perth metro, 60-90 days for regional WA properties. Longer settlements allow buyers time for finance approval and property inspections.
Deposit Amount: Usually 10% of purchase price, though 5% is increasingly common in Perth's competitive market:
$700,000 property = $70,000 deposit (10%) or $35,000 (5%)
$900,000 property = $90,000 deposit (10%) or $45,000 (5%)
Inclusions/Exclusions: Clearly specify what remains (built-in appliances, window treatments, fixed floor coverings) and what you're removing (outdoor furniture, artworks, removable appliances).
Offer and Acceptance Process in WA
Western Australia typically uses an Offer and Acceptance process:
Buyer submits written Offer to Purchase
Seller reviews offer terms (price, deposit, settlement date, conditions)
Seller accepts, rejects, or counter-offers
Final agreement reached and both parties sign
Contract becomes binding once signed by both parties
Deposit paid to settlement agent's trust account
This differs from states like NSW where contracts must exist before marketing. In WA, you can market first and prepare contracts when offers arrive, though having a draft ready speeds the process.
Can You Prepare Your Own Contract in WA?
No. Only licensed settlement agents or solicitors can prepare legally valid property contracts in Western Australia. Attempting DIY contracts can result in:
Invalid or unenforceable agreements
Unintended legal liabilities
Missing essential clauses
Sale collapse at critical stages
Legal disputes and financial losses
The Smart Approach: Engage a settlement agent early to prepare your contract template. When offers arrive, they can quickly customize terms and finalize the agreement.
Form 1 Vendor Disclosure Statement: WA's Key Disclosure Document
What is Form 1?
Form 1 (Vendor Disclosure Statement) is a mandatory disclosure document required under Western Australia's Strata Titles Act 1985 and Transfer of Land Act 1893. This document provides buyers with essential information about the property before they commit to purchase.
Critical Rule: You must provide Form 1 to buyers before they sign the contract. Failure to provide complete and accurate Form 1 gives buyers extended rights to withdraw and can result in significant penalties.
Who Needs to Provide Form 1?
Required for:
Strata titled properties (units, apartments, townhouses)
Properties with owners corporation/strata company
Survey strata subdivisions
Some community titled developments
Not required for:
Standard residential houses on individual lots (freehold)
Green title properties (most WA houses)
However, even if Form 1 isn't legally required, sellers should still provide comprehensive disclosure about the property's condition and any material facts.
What Must Be Included in Form 1 (Strata Properties)?
For strata titled properties, Form 1 must include:
1. Strata Company/Owners Corporation Information:
Name and contact details of strata manager
Copy of strata plan
Current bylaws and house rules
Minutes of recent general meetings (usually last 2 meetings)
2. Financial Information:
Current levy contributions (admin and reserve funds)
Any outstanding levies owing
Details of special levies or proposed special levies
10-year maintenance plan (if available)
Building insurance details and coverage
3. Building Condition:
Details of any major defects or required repairs
Ongoing or planned major works
Building inspection reports (if conducted)
Asbestos register (if applicable)
4. Legal Matters:
Any ongoing legal disputes involving strata company
Court proceedings or tribunal matters
Disputes with neighboring lot owners
Outstanding compliance notices
5. Restrictions and Rights:
Any restrictions on use of the lot
Exclusive use areas (parking bays, storage, courtyards)
Rights to alterations or renovations
Pet restrictions or approval requirements
Form 1 Timeline and Currency
For Strata Properties:
Form 1 must be obtained from the strata company
Documents should be no older than 6 months
Financial statements should be current
Meeting minutes must include the most recent meetings
Cost: $150-$400 for strata company to prepare Form 1, depending on complexity and how quickly you need it.
Disclosure for Non-Strata Properties (Freehold/Green Title)
Even though Form 1 isn't required for standard houses, WA sellers must still disclose:
Any known defects or issues
Building approvals and permits
Unapproved renovations or additions
Pest problems (termites, borers)
Flooding, drainage, or water issues
Boundary disputes
Heritage restrictions
Any other material facts
Best Practice: Create a comprehensive disclosure document similar to Form 1 even for freehold properties. This protects you legally and builds buyer confidence.
Consequences of Incomplete or Inaccurate Form 1
Failing to provide proper Form 1 or disclosure can result in:
Buyers having extended rights to withdraw from contract
Fines up to $50,000 for individuals in WA
Contract being voided
Legal action for misrepresentation
Compensation claims from buyers
Sale collapse even after settlement period begins
Disclosure Requirements When Selling Property in Western Australia
What Must You Disclose to Buyers in WA?
Western Australian law requires sellers to disclose any "material facts" that could reasonably be expected to affect a buyer's decision to purchase or the price they'd pay. This obligation exists even if you're not specifically asked about issues.
Material Facts You Must Disclose
Structural and Building Issues:
Foundation problems, subsidence, or soil movement
Significant cracks in walls, ceilings, or floors
Water damage, leaks, or moisture problems
Roof defects or known leaking
Retaining wall failures or movement
Structural damage from termites or other pests
Pest and Environmental Issues:
Current or previous termite infestation
Borer or other wood-destroying pests
Treatment history and warranties
Asbestos presence and location
Contaminated soil or environmental hazards
Mold or dampness problems
Building Approvals and Compliance:
Renovations or additions without council approval
Work completed without required building permits
Non-compliant structures or alterations
Outstanding building orders from local council
Illegal secondary dwellings or granny flats
Swimming pool compliance issues
Legal and Statutory Issues:
Boundary disputes with neighbors
Easements or rights of way affecting property
Restrictive covenants or land use restrictions
Heritage listing or conservation orders
Tree preservation orders
Unresolved legal proceedings affecting property
Compulsory acquisition proposals
Title and Ownership Issues:
Caveats registered on title
Mortgage defaults or payment issues
Multiple owners or complex ownership structures
Rights of third parties
Unregistered interests
Neighborhood and Environmental Factors:
Significant noise pollution (airports, railways, industrial areas)
Known neighbor disputes or issues
Nearby approved developments affecting property
Flight paths or aircraft noise
Loss of views due to approved developments
Mining tenements or resource extraction activities (relevant in WA)
Utility and Service Issues:
Septic system problems or failures
Bore water quality issues
No reticulated sewerage connection
Private water supply limitations
Drainage or stormwater problems
Power supply issues
Previous Damage:
Fire damage (even if fully repaired)
Flood or storm damage
Cyclone damage (in northern WA)
Vehicle impact
Major insurance claims history
WA-Specific Disclosures:
Limestone foundations (common in Perth, can have issues)
Reactive clay soil problems
Coastal erosion issues (beachfront properties)
Mining subsidence (Collie, Kalgoorlie areas)
How to Disclose Material Facts in WA
In Writing Before Contract: Create a comprehensive disclosure document listing all known issues. Be specific:
"Termite damage in rear bedroom, treated by [company] in 2023, warranty provided"
"Bathroom renovation 2021 completed without building permit, council aware but no order issued"
"Minor crack in northwestern foundation wall, assessed by structural engineer 2024 as non-structural, report available"
During Inspections: Answer all buyer questions honestly during property viewings. Don't minimize or hide issues. If you don't know an answer, say so and offer to investigate.
Update Disclosures: If new issues arise after initial disclosure, inform buyers immediately in writing through your settlement agent.
Consequences of Non-Disclosure in WA
Failing to disclose material facts can result in:
Contract Termination: Buyers can rescind the contract and receive full deposit refund.
Price Reduction: Buyers can claim reduction equal to repair costs or diminution in value.
Damages Claims: Buyers can sue for compensation including:
Cost of rectification works
Decrease in property value
Additional costs (temporary accommodation, storage)
Legal and expert costs
Penalties: Fines up to $50,000 for individuals under WA consumer protection laws.
Criminal Charges: Deliberate fraud or misrepresentation can result in criminal prosecution.
The Golden Rule for WA Sellers
When in doubt, disclose. Full transparency protects you legally and builds buyer trust. Buyers who understand a property's true condition are more likely to proceed than those who discover hidden issues during inspections.
Deposit Trust Account Requirements in Western Australia
Why Sellers Cannot Hold Deposits in WA
Under Western Australia's Real Estate and Business Agents Act 1978 and Settlement Agents Act 1981, sellers are strictly prohibited from holding buyer deposits. This protects buyers from deposit misuse and ensures funds are available at settlement.
Who Can Hold Deposits in Western Australia?
Deposits must be held in a statutory trust account by:
Licensed Settlement Agent (Most Common):
WA's specialized property settlement professionals
Regulated by Consumer Protection WA
Hold majority of deposits in WA property sales
Trust accounts audited regularly
Licensed Solicitor:
Can hold deposits in solicitor's trust account
Less common in WA (settlement agents handle most transactions)
Regulated by Legal Practice Board WA
Licensed Real Estate Agent:
If using an agent, they hold deposit in agency trust account
Not applicable for FSBO sales unless you engage agent just for this
Important: Western Australia uniquely relies on settlement agents rather than conveyancers, making them the standard choice for deposit handling in private sales.
How Deposit Trust Accounts Work in WA
Step 1: Contract Agreement Both parties sign the Contract of Sale (Offer and Acceptance), specifying:
Deposit amount
Payment deadline (usually 24-48 hours after contract signing)
Trust account holder details (your settlement agent)
Step 2: Deposit Payment Buyer transfers deposit to your settlement agent's trust account. Your settlement agent provides:
Trust account BSB and account number
Transaction reference number
Written receipt once funds received
Step 3: Secure Holding Deposit remains in trust account until settlement or contract termination. WA trust accounts:
Are strictly regulated by Consumer Protection WA
Must be completely separate from business accounts
Are subject to regular audits
Carry professional indemnity insurance
Earn interest (typically for Legal Contribution Trust or similar)
Step 4: Release at Settlement On settlement day:
Buyer pays balance (purchase price minus deposit)
Your settlement agent releases deposit to you
Combined with balance, you receive full purchase price
Title transfers to buyer
Settlement agent registers transfer with Landgate
Standard Deposit Amounts in Western Australia
10% Deposit (Traditional Standard):
$600,000 property = $60,000 deposit
$850,000 property = $85,000 deposit
Demonstrates strong buyer commitment
Provides substantial protection if buyer defaults
5% Deposit (Increasingly Common in Perth):
$600,000 property = $30,000 deposit
$850,000 property = $42,500 deposit
More accessible for first home buyers
Still provides reasonable security
Negotiable Amounts: You can accept any deposit amount, though:
Very low deposits ($1,000-$5,000) indicate weak buyer commitment
Higher deposits (15-20%) show exceptional buyer strength
Consider buyer's overall financial position, not just deposit size
What Happens to Deposits If Sale Falls Through?
Successful Settlement:
Deposit forms part of total purchase price
Released to you on settlement day
Buyer pays balance via bank transfer
Transaction completes normally
Buyer Defaults (Fails to Settle):
You may be entitled to keep deposit as compensation
Requires formal default process through settlement agent
If losses exceed deposit, you can claim additional damages
Legal process typically takes 6-10 weeks
Seller Defaults (You Fail to Settle):
Deposit immediately returned to buyer
You may owe additional compensation for buyer's losses
Serious legal and financial consequences
Potential lawsuit for specific performance
Finance Clause Not Satisfied:
If buyer's finance is rejected (and contract has finance condition), deposit returned in full
No penalty to either party
Common occurrence, so price competitively to attract finance-approved buyers
Building Inspection Reveals Major Issues:
If contract conditional on satisfactory inspection, buyer can withdraw
Deposit returned in full
No penalty unless buyer acts unreasonably
Mutual Agreement to Cancel:
Both parties agree to terminate contract
Deposit returned to buyer
Release signed by both parties
No penalties or ongoing obligations
WA Has No Cooling-Off Period for Most Sales
Critical Difference: Unlike most Australian states, Western Australia does NOT have a statutory cooling-off period for residential property sales.
What This Means:
Once you sign the contract, you're immediately bound
Once buyer signs, they're immediately committed
No grace period for either party to change their mind
Contract is final from the moment of signing
Exceptions:
Off-the-plan purchases have a 5-business-day cooling-off
Door-to-door sales have cooling-off rights
Some timeshare and retirement village contracts have cooling-off
Implications for FSBO Sellers:
Buyers may be more cautious before signing (good thing - shows serious intent)
Finance and inspection conditions become more important
Less risk of buyers casually withdrawing after contract
Settlement is more certain once contracts are exchanged
Illegal Deposit Practices in WA
❌ Never Do These:
Accept deposit into your personal bank account
Hold cash deposits yourself
Agree to defer deposit payment until settlement
Accept cryptocurrency or non-standard payments without settlement agent approval
Let buyers skip deposit claiming "trust" or personal relationship
Consequences:
Fines up to $50,000 for individuals in WA
Contract potentially void and unenforceable
Criminal charges for serious violations
Buyer can withdraw and claim damages
Professional misconduct if you hold yourself out as able to hold deposits
✅ Always:
Use licensed settlement agent's trust account
Get written receipts for all deposits
Follow proper legal procedures
Keep comprehensive records
Maintain clear communication with your settlement agent
Settlement Agent vs Solicitor: Which Do You Need for Selling in WA?
Understanding WA's Unique Settlement Agent System
Western Australia is unique in Australia for its reliance on settlement agents - licensed professionals who specialize specifically in property settlements and transfers. This differs from eastern states where conveyancers or solicitors typically handle property transactions.
What is a Settlement Agent?
Settlement agents are WA-licensed professionals who:
Prepare and review Contracts of Sale
Conduct title searches and property due diligence
Hold deposits in statutory trust accounts
Coordinate settlement between all parties
Calculate settlement adjustments (rates, water, strata levies)
Arrange mortgage discharges
Register title transfers with Landgate
Handle all settlement paperwork
Licensing and Regulation:
Licensed under Settlement Agents Act 1981
Regulated by Consumer Protection WA
Must hold professional indemnity insurance
Subject to ongoing education requirements
Members of Settlement Agents Institute of WA or Australian Institute of Conveyancers WA
Settlement Agent Services and Costs
Typical Services for FSBO Sellers: $800-$1,500
Included:
Contract of Sale preparation or review
Title search and property verification
Deposit trust account services
Settlement statement preparation
Coordination with buyer's settlement agent
Rates and water adjustments calculation
Mortgage discharge arrangements
Settlement attendance
Title transfer registration
All documentation and correspondence
Additional Costs (if applicable):
Title search: $30-$60
Landgate registration fees: $170-$200
Mortgage discharge fee (from your bank): $300-$400
Express settlement surcharge: $100-$200
Total Cost for FSBO: Approximately $900-$1,700 including disbursements
When to Use a Solicitor Instead
Licensed Solicitor Services: $1,500-$2,500
Choose a solicitor for:
Complex legal disputes involving property
Deceased estate sales
Sales involving family trusts or companies
Boundary disputes requiring legal resolution
Properties with significant title defects
Court-ordered sales
Sales with complicated legal conditions
When you need broader legal representation
What solicitors provide that settlement agents don't:
Court representation
Complex legal advice beyond property transfers
Negotiation of sophisticated legal terms
Resolution of legal disputes
Estate administration
Trust management
Which Should WA FSBO Sellers Choose?
Choose a Settlement Agent (90% of FSBO sales): ✅ Selling standard residential property ✅ Clear title without disputes ✅ No complex legal complications ✅ Standard freehold or strata property ✅ Want cost-effective specialist service ✅ Property owned in your personal name
Choose a Solicitor: ✅ Property involves deceased estate ✅ Complex ownership structure (trust, company) ✅ Boundary or legal disputes ✅ Selling as part of divorce settlement ✅ Major title defects or complications ✅ Significant legal risk or exposure
For typical Perth or regional WA property sales, settlement agents provide specialized expertise at excellent value. They handle over 80% of WA property settlements and are the standard choice for both agent and private sales.
How to Find a Licensed Settlement Agent in WA
Professional Bodies:
Settlement Agents Institute of WA (SAIWA) - Find a member
Australian Institute of Conveyancers WA - Member directory
Verify Licensing:
Check license status with Consumer Protection WA
Confirm professional indemnity insurance
Look for SAIWA or AICWA membership
Questions to Ask Settlement Agents:
"Are you licensed to practice in Western Australia?"
"How many FSBO sales have you handled?"
"What's your fixed fee for complete settlement services?"
"What's included versus additional costs?"
"How quickly do you respond to queries?"
"Do you handle everything through to settlement and registration?"
"Do you have current professional indemnity insurance?"
"Can you provide references from other private sellers?"
Red Flags: ❌ Unlicensed or unregistered practitioners ❌ Vague or variable pricing ❌ No fixed-fee quotes available ❌ Poor communication or availability ❌ No professional indemnity insurance ❌ Pressure to use affiliated services ❌ Negative reviews about trust account handling or settlement delays
Foreign Buyer Requirements in Western Australia
Foreign Investment Rules in WA
Western Australia follows Australian federal foreign investment rules, but also has some state-specific requirements that FSBO sellers should understand.
When Foreign Buyer Rules Apply
Who is a Foreign Person?
Not an Australian citizen
Not Australian permanent resident
Foreign-controlled company or trust
FIRB (Foreign Investment Review Board) Approval: Foreign buyers typically need FIRB approval before purchasing residential property in Australia.
What FSBO Sellers Need to Know
1. Foreign Buyer Duty Surcharge Western Australia imposes a 7% additional foreign buyer duty on top of standard stamp duty.
Example:
$800,000 property purchase
Standard stamp duty: ~$27,900
Foreign buyer surcharge (7%): $56,000
Total duty: $83,900
This is paid by the buyer, not you as seller, but affects their purchase decision and capacity.
2. Land Tax Surcharge Foreign owners pay an additional 4% surcharge on WA land tax annually. Again, this is buyer's responsibility but may affect their willingness to purchase.
3. FIRB Approval Timeline Foreign buyers need FIRB approval which takes 30-90 days. This affects your settlement timeline if selling to foreign buyers.
What You Should Do:
Accept longer settlement periods (60-90 days) for foreign buyers
Ensure contract is conditional on FIRB approval
Request evidence of FIRB application
Your settlement agent will guide you through this process
Withholding Requirements for Foreign Buyers
Foreign Resident Capital Gains Withholding: If selling to a foreign buyer for more than $750,000, the buyer must withhold 12.5% of purchase price and pay it directly to the ATO unless you provide a clearance certificate.
Example:
$900,000 sale to foreign buyer
Withholding amount: $112,500
Held by buyer and paid to ATO
You receive: $787,500 at settlement
How to Avoid Withholding: Apply for a clearance certificate from the ATO showing you're an Australian resident for tax purposes. Provide this to the buyer before settlement, and you'll receive the full amount.
Your settlement agent will:
Advise if withholding applies
Help you obtain clearance certificate
Coordinate with buyer's settlement agent
Ensure proper compliance
Should FSBO Sellers Accept Foreign Buyers?
Advantages:
Expands your buyer pool significantly
Foreign buyers often have strong financial positions
Perth is popular with Asian and Middle Eastern buyers
May achieve higher prices in some market segments
Considerations:
Longer settlement periods required (FIRB approval)
Additional complexity in settlement process
Higher transaction costs for buyer (may affect price negotiations)
FIRB approval not guaranteed (small risk of sale falling through)
Recommendation: Accept foreign buyer offers but:
Ensure contract conditional on FIRB approval
Allow 60-90 day settlement minimum
Request evidence of financial capacity
Engage settlement agent experienced with foreign buyers
Obtain ATO clearance certificate early in process
Your settlement agent will handle all foreign buyer compliance, making it straightforward for you as seller.
Common Legal Mistakes FSBO Sellers Make in Western Australia
Even confident private sellers can run into trouble if they misunderstand WA’s legal framework. The most common mistakes include:
Not engaging a settlement agent early
Waiting until after an offer is accepted often causes delays, rushed contracts, and avoidable errors.Incomplete or verbal disclosures
Anything not disclosed in writing may be treated as non-disclosure, even if you “mentioned it” during an inspection.Assuming eastern state rules apply
WA does not operate like NSW or QLD. Cooling-off periods, conveyancing rules, and deposit handling are all different.Accepting deposits incorrectly
Holding a deposit yourself, even temporarily, is illegal in WA and can void the contract.Underestimating finance clauses
Buyers in WA rely heavily on finance conditions due to the lack of cooling-off. Poorly drafted clauses can expose you to unnecessary risk.
Avoiding these mistakes is not about complexity — it’s about using the right professionals and following the correct process from day one.
Timeline: How a Compliant FSBO Sale Works in WA
A typical legally compliant private sale in Western Australia follows this timeline:
Before Marketing
Engage a licensed settlement agent
Prepare a draft Contract of Sale (Offer & Acceptance)
Gather disclosure information (Form 1 if applicable)
Identify any material facts requiring disclosure
During Marketing
Answer buyer questions honestly
Provide written disclosures when requested
Keep your settlement agent informed of interest
Offer Stage
Buyer submits written offer
Settlement agent reviews terms
You accept, reject, or counter
Contract becomes binding once signed
Post-Contract
Deposit paid to settlement agent’s trust account
Finance and inspection conditions satisfied
Settlement agent coordinates all parties
Settlement Day
Balance of funds received
Deposit released
Title transferred via Landgate
Keys handed over
At no point do you need to personally manage legal documentation, trust accounts, or title registration — that is the settlement agent’s role.
Is Selling Without an Agent Legal in Western Australia?
Yes. Selling without a real estate agent is completely legal in Western Australia.
There is:
❌ No requirement to use a real estate agent
❌ No legal advantage to paying commission
✅ A requirement to comply with disclosure, contract, and settlement laws
Thousands of WA property owners sell privately every year using licensed settlement agents and solicitors, saving $15,000–$30,000+ in commission while following the same legal process as agent-assisted sales.
How AirLister Fits Into the WA Legal Process
AirLister does not replace licensed professionals.
Instead, AirLister:
Puts your property where buyers already are
Allows you to receive enquiries directly
Keeps you in control of inspections and negotiations
Works alongside licensed WA settlement agents
The legal side of the transaction — contracts, deposits, settlement, and title transfer — is still handled by qualified professionals, exactly as required under WA law.
This is why AirLister complies with Western Australian legislation while allowing sellers to avoid unnecessary commission.
Final Checklist: WA Legal Compliance for Private Sellers
Before accepting an offer, make sure you have:
✅ A licensed settlement agent engaged
✅ A compliant Contract of Sale prepared
✅ Form 1 ready (if strata property)
✅ All known defects disclosed in writing
✅ Deposit instructions for trust account
✅ Finance and inspection clauses correctly drafted
✅ FIRB and foreign buyer requirements considered (if applicable)
✅ ATO clearance certificate applied for (if needed)
If every box is ticked, you are selling legally, safely, and confidently.
Bottom Line
Western Australia has one of the most structured and protective property settlement systems in Australia. When used correctly, it allows private sellers to achieve the same legal outcome as agent-assisted sales — without paying commission.
The key is understanding WA-specific rules, disclosing everything, and engaging the right licensed professionals.
If you do that, selling privately in WA is not risky — it’s simply informed.
See how to sell your property without an agent - Here
see how much you could save on commission - Here
See AirListers Pricing - Here
Last updated: January 2026
