The legal side of a WA property sale is the same whether you sell privately or through an agent, and your settlement agent or lawyer takes care of the technical parts. That leaves you free to enjoy the fun part: presenting your home and meeting buyers! Here's every step. It's general information, not legal advice.
1. Engage a settlement agent or lawyer
WA has a strong tradition of licensed settlement agents, and many sellers use one instead of a lawyer. Engage yours when you choose your PLBO package. They'll help with the O&A, special conditions and settlement.
2. Offer and Acceptance (O&A)
| Part | What it contains |
|---|---|
| O&A form | the property details, seller and buyer names, price, deposit, balance, special conditions, and details of both parties' settlement agents or lawyers |
| Joint Form of General Conditions | the standard terms incorporated into the contract, available from REIWA or the Law Society of WA |
| Strata disclosures | required for strata titles under the General Conditions (Landgate has more information) |
Source: Consumer Protection WA.
How it works: the buyer signs an offer on the O&A. When you accept in writing, it becomes a binding contract. You can change the General Conditions, but legal advice is recommended.
3. Cooling-off
There's no statutory cooling-off for WA residential sales unless the contract includes one. That's great certainty for sellers!
4. Deposit and conditions
- The deposit amount and holder are set out in the O&A, typically held in trust.
- Common buyer conditions include finance approval and a building inspection, each with a deadline.
5. Smoke alarms (and RCDs)
Compliant smoke alarms must be installed before transfer of ownership. They're generally hardwired to mains power (battery alarms only where wiring isn't feasible) and no more than 10 years old (WA Government). WA also has residual current device (RCD) requirements for homes being sold, and your settlement agent or electrician will confirm what's needed.
6. Tax
- ATO clearance certificate. Since 1 January 2025, buyers must withhold 15% on every property sale unless the seller provides a valid clearance certificate at or before settlement (ATO). It's free and online.
- Capital gains tax. Your main residence is generally exempt. Investments usually aren't, fully or partly.
- GST. Not normally payable on an existing home.
7. Settlement adjustments
Your settlement agent apportions council rates, water rates and strata levies so you pay only for your time as owner.
8. Pools
WA councils inspect private pool barriers periodically, so keep your pool barrier compliant and have any inspection paperwork ready. Buyers love seeing it.
Document checklist: gather these in week one
| Document | Where from |
|---|---|
| O&A form and General Conditions | your settlement agent or lawyer; REIWA or the Law Society |
| Certificate of title | your settlement agent (Landgate search) |
| Smoke alarm (and RCD) compliance | your electrician |
| Council and water rates notices | your council and the Water Corporation |
| Strata information | your strata manager |
| Pool barrier inspection records | your council |
| ATO clearance certificate | ATO online |
9. Settlement day
Settlement is completed electronically by the settlement agents. You hand over the keys and receive 100% of your sale proceeds. PLBO takes no commission.
The part you control: price and presentation
While your conveyancer looks after the legal steps, you focus on the exciting part! Your PLBO property comparables report shows recent sales of similar homes near you, so you can set your asking price with confidence and talk to WA buyers from a position of strength. Then list in minutes with Generate with AI.
Put it into action
Follow the WA 8-week plan and choose your PLBO package. While your settlement agent handles the paperwork, PLBO puts your home in front of buyers on PLBO and across Domain, view, homely, Soho, realty, onthehouse and allhomes*. Let's get it sold!
*Availability on allhomes.com.au may depend on the property's location, listing type and applicable portal requirements.