Before Signing a Contract to Purchase
Appointing your settlement agent as early as possible is one of the smartest moves you can make in your property journey.
At Safety Bay Settlements, we recommend engaging with a licensed settlement agent before you even enter into a contract. This allows us to review the draft contract with you, ensuring your interests are protected and giving you peace of mind.
You’re not required to use the settlement agent recommended by your real estate agent or broker.
When you choose Safety Bay Settlements, you’re choosing a team that goes above and beyond. Our agents are not only only hold a Settlement Agents License, but they’re also proud members of the Australian Institute of Conveyancers WA (AICWA). Additionally, our team includes Certified Practicing Conveyancers (CPC), which means we’ve completed extra training to ensure we provide the highest level of service and expertise to our clients. Get in touch with us today and discover how we can help make your settlement process as seamless as possible.
For more information on how to choose a settlement agent, visit:
DMIRS - Choosing a Settlement Agent
Australian Institute of Conveyancers (AICWA) - Choosing a Settlement Agent
What is a Certified Practicing Conveyancer (CPC)?
To comply with Western Australia's Verification of Identity (VOI) requirements (mandated by Landgate as of 2013), all parties involved in a property transaction must present 100 points of identification. VOI is a critical part of the process, ensuring that only the legal property owners, or those authorised to act on their behalf, are involved in the sale.
Here’s when you can expect your identification to be needed:
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Real Estate Agent: Your realtor must verify the identity of the legal owners of the property as part of the listing process.
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Settlement Agent: The settlement agent must also conduct a VOI check to confirm the identity of all parties before processing the settlement.
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Lenders and Financial Institutions: If you have a mortgage or are seeking finance, your lender may require your identity verification.
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Accessing Settlement Documents: You’ll need your ID to securely access and sign your digital settlement documentation.
Match Identification with the Title: It’s essential to confirm that the name on your identification matches the name on the Certificate of Title. If your name has changed due to marriage, divorce, or other reasons, be sure to have the official document from Births, Deaths, and Marriages to verify your identity. Any mismatches can lead to delays, so it’s best to prepare in advance and ensure all necessary documents are ready.
If you’re uncertain about the identification requirements, consult your settlement agent to avoid any issues that could affect the timeline of your transaction.
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Before signing a contract for sale, it’s essential to confirm that the correct individuals are authorised to represent and sign on behalf of the property’s legal owners. Here’s what you need to check:
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Confirm Owners on the Title: Ensure that everyone listed on the Certificate of Title is available and prepared to sign the contract. If an owner cannot sign, verify that a legal representative has documented authority. Such as through a landgate registered Power of Attorney, an administration order, or in the case of a deceased estate, a death certificate or grant of probate.
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Match Identification with the Title: Make sure that the name on the Certificate of Title exactly matches the identification of the person signing. If a name has changed due to marriage, divorce, or other reasons, the correct legal document from Births, Deaths, and Marriages must be on hand to confirm identity. Mismatches can cause delays, so it’s best to prepare early.
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For Companies: If the property is owned by a company, confirm that the registered directors are available to sign on the company’s behalf.
If anything is unclear, consult your settlement agent prior to signing a contract to ensure everything is in order.
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When both buyers and sellers are each aware of their financial obligations before signing a contract, it helps avoid delays, ensures a smooth settlement, and prevents any surprises.
Before entering into a contract, it would be wise to consider seeking pre-approval for your mortgage (if required). This gives you a clear picture of your budget and ensures you know what you can realistically afford when negotiating to purchase a property. Be sure to consider all costs involved in the purchase, including:
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Purchase Price
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Transfer Duty
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Settlement Fees
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Government & Statutory Charges
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Rates & Taxes
It’s important to add up all these figures to determine your financial “bottom line” and ensure that your agreed purchase price is achievable. Being aware of your limits will help you negotiate effectively with sellers, ensuring you don’t agree to purchase for more than what you can achieve.
To get an estimate of the associated fees and charges for settlement, please contact your conveyancer for an itemised quote on settlement agent fees and statutory charges. This will help you make an informed decision and avoid any unexpected costs at settlement.
Request a Free Settlements Quote
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Special conditions to a contract must be carefully considered and clearly written to ensure both parties understand their roles and responsibilities.
When creating special conditions, it’s important to specify:
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The specific actions required: Clearly outline what needs to be done.
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The responsible party: Identify who will carry out the necessary tasks.
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Financial responsibility: Specify who will cover the costs associated with the task.
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Completion timeline: Set a clear deadline or timeframe for when the task must be completed.
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Dealing with defects: Define what will happen if defects are discovered during inspections or after the task is completed.
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Rectifying defects: Outline who will be responsible for fixing any defects found.
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Cost of rectification: Clarify who will bear the cost of rectifying any defects.
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Termination of the offer: State what will cause the offer to be cancelled or become void, such as non-compliance or missed deadlines.
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Communication of events: Specify how all actions, updates, or issues will be communicated to both parties.
Ensuring that special conditions are clearly defined and agreed upon helps prevent confusion and potential disputes during the settlement process. It’s recommended to consult your conveyancer, realtor or legal professional to ensure these conditions are thorough and accurately reflect the parties’ intentions.
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It’s important to be aware of a seller’s obligations under Clause 9 of the Joint Form of General Conditions (JFGC) 2022 when entering into a contract for the sale of your property. This clause outlines warranties a seller makes to a buyer at the time of signing the contract and again at possession or settlement.
The Seller’s Warranties include, (but not limited to) the following. The Seller does not know of:
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Any demands or obligations by an Authority, such as road realignment or widening.
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Any encroachment of structures on the land, or by adjoining properties.
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The existence of any obligations to construct, repair, or contribute towards dividing fences.
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That the property is free from any claims of adverse possession.
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The seller holds good title to the property and its chattels, which will be transferred to the Buyer at settlement.
If you’re uncertain about any aspects of these warranties & representations, we suggest you inform your conveyancer & real estate agent. You may also like to seek the advice of a solicitor.
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In Western Australia, residential properties for sale or lease must comply with Residual Current Device (RCD) requirements. This ensures safety by reducing the risk of electrical shock or fire.
What This Means for Buyers
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Seller's Responsibility: The Seller must ensure that at least two RCDs are installed in the property before settlement. If the property is non-compliant, the responsibility for rectifying this may fall on the Seller, but it’s important to confirm this before proceeding.
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Newer Builds: Properties built after 1 January 2019 must meet updated standards, including RCDs for hard-wired appliances such as stoves and air-conditioners.
Your Due Diligence:
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We recommend including an electrical safety condition in your contract, requiring the seller to provide a current Electrical Safety Certificate issued no more than three months prior to the settlement date.
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Verify Compliance: If RCD compliance isn’t included as a condition in your contract, settlement cannot be delayed if the property lacks RCDs. Consider requesting documentation from the seller to confirm RCD compliance for peace of mind. However, it's important to note that the seller(s) are not obligated to provide evidence of compliance unless it is specifically stated as a condition in the contract.
For further details, visit the Department of Mines, Industry Regulation and Safety (DMIRS)
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In Western Australia, owners must ensure that their property has compliant smoke alarms when transferring ownership, renting, or hiring out a dwelling. Smoke alarms must be installed, operational, and meet the requirements outlined in the Building Regulations 2012.
Buyers’ Consideration
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Verify Compliance: If Smoke alarm compliance isn’t included as a condition in your contract, settlement cannot be delayed if the property is found to be non compliant before settlement. Consider requesting documentation from the seller to confirm smoke alarm compliance for peace of mind. However, it's important to note that the seller(s) are not obligated to provide evidence of compliance unless it is specifically stated as a condition in the contract.
For more details on the specific requirements, please refer to the Department of Mines, Industry Regulation and Safety (DMIRS)-
It's important to check and prepare all keys, access devices, and security system codes to ensure a smooth handover.
Under the Joint Form of General Conditions (JFGC) 2022, the seller is required to deliver an access devices to the buyer on the possession date. We recommend including a contract condition requiring the seller to provide all access devices. Without this condition, the seller is only obligated to hand over a single access device at settlement.
What is an access device?
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Key and security device
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Written details of any security system codes that allow access to the property
Gaining clarity early on about these details can help prevent delays or complications, making the transition into your new property seamless and stress-free.
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As a buyer, you have the right to appoint a real estate agent who works exclusively for you. A buyer’s agent can assist in finding the perfect property, negotiate on your behalf, and identify potential concerns before you sign a contract.
Why Engage a Buyer’s Agent?-
Expert Guidance: A buyer’s agent understands the market, helps assess property values, and ensures you're making an informed decision.
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Negotiation Support: They negotiate purchase terms, handle vendor agents, and can even bid at auctions to secure the best deal for you.
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Property Insights: With experience in property inspections, they know what to look for and can flag potential issues that may not be obvious to the untrained eye.
If you're looking for dedicated support throughout your property search, a buyer’s agent can provide tailored advice and act solely in your best interests.
Alternatively, while a settlement agent does not inspect the property or negotiate the purchase price, we can review your contract before you sign to ensure your interests are protected. Both options are valuable when buying property, especially if this is your first home or you’re unfamiliar with the right questions to ask sellers and their representatives before committing to a contract. Contact us today to discuss how we can assist with your purchase.-
The Offer and Acceptance Agreement is the formal contract that outlines the terms and conditions of your property purchase. Before you sign, it’s crucial to be aware of several key points:
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Ensure Accuracy - Double-check all the details on the contract, including the buyer’s and seller’s names, property address, and purchase price. Even small errors can cause delays or legal complications.
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Conditions- Take the time to fully understand the conditions set out in the agreement. This includes the deposit amount, settlement date, and any special conditions (such as finance approval or building inspections). If anything is help
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Settlement Date -Ensure the settlement date is suitable for you. This is the day you take ownership of the property, and it’s important to confirm you can meet all necessary conditions before then.
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Advice - Always seek advice from a qualified professional before signing a contract. A conveyancer can help you identify any potential risks and ensure the contract is in your best interest.
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If the property being sold is currently subject to an existing rental agreement, it's important to note that this must be included as a Special Condition on the Offer and Acceptance. Legislation effective from 1 July 2013 requires landlords to provide properly timed Notice to the tenant when requesting access, vacating, or terminating their existing lease.
The buyer must be made aware of the lease expiry date, and if they agree to continue the lease with the current tenants, the seller (or their managing agent) will need to provide the following documentation to the buyer ahead of settlement:
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Current lease agreement,
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Rental amount due and the payment date,
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Rental payment frequency (weekly, fortnightly, monthly, or annually),
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Bond transfer form,
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Property Condition Report,
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A copy of the Notice to tenants from the seller, informing them of the sale, new contact details, and payment directions.
While these documents are typically requested in the lead-up to settlement, it is beneficial to review this information before signing the contract. This also ensures the seller have the information at hand and ready to transfer when necessary.
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If you are purchasing a strata title property, additional documentation is required from the seller. The seller must complete a Strata Disclosure Statement which outlines important details about the property’s strata arrangements. This includes providing the contact details of the strata manager, who may assist in completing the necessary forms.
If the strata is managed privately, the seller will need to provide information regarding strata levies, including:
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The amount of the levies,
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The due dates for payments,
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Any additional levies that may be required.
Having these details before signing the contract will help you make an informed decision and avoid any surprises, ensuring a smoother transition and a more efficient settlement process.
If you're unsure about the seller's strata disclosure, we recommend speaking with your conveyancer for guidance.
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In Western Australia, Home Indemnity Insurance (HII) is a legal requirement for residential building work over $20,000. This insurance protects you, as a buyer, from financial loss if the builder is unable to complete the work or respond to valid claims due to circumstances such as insolvency or death.
As a buyer, it’s important to confirm that the seller has obtained an HII certificate for any recent building work over $20,000. If the seller is an owner-builder, they must provide the HII certificate before settlement if the property was built within the last seven years.
Ensuring HII compliance before signing the contract helps protect you from potential financial risks related to incomplete or unapproved building work.
For further details, visit the Department of Mines, Industry Regulation and Safety (DMIRS)
If the property you’re considering purchasing has a pool or spa, it’s essential to ensure that a compliant safety barrier is in place before signing the contract. While simplified checklists can help you assess the pool’s safety features, they don’t cover every compliance requirement. Only your local council can confirm if the pool barrier meets all legal standards.
Before signing a contract, make sure the pool or spa has been approved by the local council. If the approval is not current or hasn’t been obtained, you may need to secure retrospective approval, which can take 6–8 weeks. Confirming compliance early helps avoid potential delays during the settlement process.
If the pool is unapproved or does not meet compliance standards, you may want to consider including retrospective approval as a condition in your contract. This ensures clarity regarding the legal obligations and establishes specific timeframes for both parties to proceed accordingly.
Consulting with your settlement agent can ensure a smoother transaction and protect you from potential penalties associated with delays or non-compliance.
For more information, refer to the Department of Mines, Industry Regulation and Safety (DMIRS):
Rules for Pools and Spas (PDF)
If you’re planning to travel outside of Australia during your property transaction, you may need to attend an Australian Consulate Office for identity verification and document witnessing.
To avoid delays in settlement, we recommend informing your settlement agent as early as possible & ideally, before signing the contract. Here’s what to consider:
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Consulate Appointment: Arranging an appointment with your nearest consulate or embassy can take time, and availability varies. Plan ahead to secure an appointment after speaking with your conveyancer.
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Document Transit Time: As overseas clients must sign paper documents, the delivery of documents to and from Australia requires careful timing. Factor in the time needed to send documents to you, have them signed and witnessed, and return them for the other party to sign within Australia.
Notifying your settlement agent about your travel plans well in advance helps them coordinate the timing and prepare any additional documentation needed for a seamless transaction.
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While it is common for sellers to appoint a licensed realtor to handle the sale of their property, this is not a legal requirement. As a buyer, it’s important to understand that in a private sale, you are responsible for offering the terms of the sale, and the seller can then accept your offer. As your conveyancer, we are here to assist you with preparing the contract for sale to ensure your best interests are protected.
Appointing your conveyancer early is crucial to safeguarding your rights and ensuring a smooth, compliant transaction. Having professional representation will help you navigate the process with confidence.
If you are considering purchasing a property privately, contact our office to discuss how we can be of service.
Conditional Stage
To ensure a smooth and timely property settlement, capturing all the essential information from the outset is absolutely critical. That’s why, once you appoint Safety Bay Settlements, we will guide you through an easy onboarding process with Conveyancing Concierge.
This process is designed to take just 10-20 minutes of your time, walking you through a series of questions that capture your unique circumstances and preferences. It’s a quick yet vital step to ensure we understand your needs and can protect your interests throughout the settlement journey.
It’s important that you complete this process within 48 hours of appointing your conveyancer. By completing this step quickly helps set your settlement on the right path.
Your settlement agent cannot proceed until this task is completed. Even if there are still outstanding conditions on your contract or you’re awaiting finance approval, it’s essential to finish the onboarding step promptly.
The sooner you complete this step, the sooner we can get to work, making your settlement experience seamless and stress-free.
As a buyer, it's essential to ensure that you meet all conditions outlined in the contract within the specified timelines. This may include arranging inspections such as pest, building, pool, or electrical inspections. These inspections often require coordination between the inspector, the seller or their real estate agent, and it can take time to schedule and gain access to the property.
If you delay these inspections and fail to complete them by the agreed-upon due date, you may risk losing the benefit of the condition. For example, if the contract is subject to a pest inspection to be completed by the 1st of the month, and the inspection is done on the 2nd, you may not have the legal right to request any issues identified in the report to be rectified, and you may be required to proceed to settlement as planned.
To protect your interests, sticking to the agreed timelines is essential
As contracts can vary, please note that this information is general in nature and should not be considered advice. Always consult with your conveyancer for guidance specific to your situation.
Once we’ve reviewed your contract alongside your responses from the Conveyancing Concierge onboarding process, our team will prepare your settlement documents tailored to your unique circumstances.
These documents will be delivered securely via email using Docusign, requiring your identification for access. This added layer of security ensures your personal information stays safe.
To keep the process running smoothly, have your ID ready and complete these documents as soon as possible. This applies even if there are outstanding conditions on your contract. Acting early helps expedite the settlement process once your contract becomes unconditional (if it hasn’t already).
Getting this step done quickly helps avoid delays and keeps everything on track for a smoother settlement process!
If finance is required for your property purchase, it’s essential to complete the necessary documents and ID verification as quickly as possible. The typical process involves submitting documents for your finance application, followed by mortgage documents once your loan is approved, and if applicable, a First Home Owner's application. Once your mortgage documents are signed, your lender usually takes 5–15 working days to process. Delays in this process can result in penalty interest for late settlement, which we want to avoid.
To ensure everything runs smoothly, complete all documents and lender requirements as quickly as possible.
When filling out your mortgage documents, make sure to include your conveyancer’s details, as your lender cannot communicate with our office until we have your written consent to do so, due to privacy laws. Our details for this are as follows:
Safety Bay Settlements
Phone: (08) 9527 2233
Email: info@safetybaysetts.com.au
Postal Address: 173 Parkin Street. Rockingham WA 6168
To avoid delays, contact your lender immediately to arrange completion of their documents. Once completed, please CC a copy to your conveyancer at info@safetybaysettlements.com.au. Occasionally, lenders may misplace forms, and having a copy ensures there are no setbacks in your settlement.
Unconditional Stage
As part of the settlement process, it is a legal requirement under Landgate's Verification of Identity policy to confirm the identity of all parties involved in property transactions. This safeguard, introduced on 1 July 2012, helps protect against identity fraud. You can find more details about this requirement on Landgate’s website: [Verification of Identity](https://www.landgate.wa.gov.au).
We, as your settlement agent, will require your identification to meet these requirements. This verification will also be necessary at various stages with your real estate agent, lender (if applicable), and to securely access your documents.
To ensure the settlement process runs smoothly, we strongly recommend keeping your passport and driver’s license or other forms of identification easily accessible throughout. Avoid packing these documents away while preparing for your move, as they will be needed multiple times during settlement.
A detailed list of acceptable documents and how they contribute to your identification can be found here. If you have any questions or concerns, don’t hesitate to reach out—we’re here to guide you every step of the way.
As a buyer, it’s important to understand the inspections and conditions you’re entitled to under the contract to protect your interests during the purchasing process.
Condition Reports
You have the right to request access to the property to conduct condition reports such as building, pest, and other relevant inspections that were agreed upon and included on your contract. The seller is obligated to provide reasonable access to facilitate these inspections as outlined in the contract.
Final Inspection
Buyers are entitled to a pre-settlement inspection if the contract includes conditions requiring the seller to undertake specific actions. This inspection ensures the property meets the agreed conditions before settlement is completed.
Maintaining the Agreed Condition
If the property was well-maintained, with green lawns, tidy gardens, and a clean home during the sale process, it’s the seller's responsibility to maintain these standards until settlement. If the condition of the property has significantly deteriorated, you may have the right to request that it be remedied before settlement.
Service Connections for Inspections
When arranging your final inspection, it may be wise to consider asking the sellers or their real estate agent to please ensure that gas, power, and water remain connected to the property until the settlement date. This allows you to conduct your required inspections.
Preliminary Statement
During the early stages of settlement, you’ll receive a Preliminary Settlement Statement to help you prepare your finances. This document provides an estimated overview of adjustments for rates and taxes. At this stage, the amounts shown are nominal and serve as a guide only.
Adjustments and Final Statement
Once official notices are received from authorities such as council, water, and Revenue WA, these figures are adjusted to reflect the settlement date. Sellers are responsible for payments up to and including the settlement date, while buyers cover costs from the day following settlement for the remainder of the billing period.
Available Loan Funds
Buyers requiring a loan for their purchase should be aware that the available loan funds are typically provided by your lender 24-48 hours before settlement, depending on your chosen lender.
Your conveyancer will provide an updated final settlement statement as soon as all relevant information is made available to them. This enables you to check all details and loan funds ahead of settlement.
When purchasing a property, it’s essential to arrange your insurance before settlement. Most lenders require proof of building insurance before they can proceed with settlement, so securing a policy early, effective from settlement date, is crucial. Be sure to provide a copy of the insurance details to both your lender and your conveyancer. This will ensure that the necessary documents are on file and avoid any potential delays if your lender misplaces their copy.
Understanding Insurance Types
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Building Insurance: Covers the structure of the property, including fixtures and fittings.
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Contents Insurance: Protects personal belongings inside the property, such as furniture and appliances.
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Title Insurance: Provides protection against unforeseen issues with property ownership, such as fraud, zoning violations, or boundary disputes. For more information: see Stewart Title Insurance
Having the right coverage at the right time ensures a smooth transition and safeguards your property against potential risks.
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Below is a checklist to help ensure you notify the relevant organisations and services about your change of address.
Change of Address Notification Checklist:
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Banks / Investments / Lenders
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Medical Providers – Doctors / Dentists, etc.
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Schools / Extra-Curricular Activities
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Insurance Company
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Internet Provider
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Telephone & Mobile Service Providers
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Electricity Provider
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Accountant
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Subscriptions & Memberships
At Safety Bay Settlements, we’re committed to providing exceptional service and support throughout your home-buying journey. That’s why we offer an exclusive and FREE utility connection service through our partnership with Fast Connect.
This service takes the hassle out of setting up essential services such as electricity, gas, water, internet, and more, ensuring everything is ready for you when you move in. Our team will reach out during the settlement process to offer this service, saving you valuable time and effort.
We handle all the arrangements on your behalf, so you can focus on settling into your new home with ease. This is just one of the many ways we go above and beyond to support you, beyond our role as your conveyancer.
Learn more about Fast Connect here.
Once all parties are ready to proceed to settlement, your conveyancer will notify all relevant parties, including:
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You (the buyer)
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Your real estate agent
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Your bank or lender
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The other party’s settlement agent or representative
To ensure a smooth process, we request confirmation from the banks well in advance of the settlement date. However, it is standard practice for lenders to provide their final confirmation closer to settlement, often within 48 hours of the scheduled time.
Rest assured, we stay proactive in following up with all parties to minimise any delays and will notify you as soon as we receive confirmation.
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Settlement
While rare, delays in settlement can occur and are often due to circumstances beyond our control, such as bank processing times for mortgage documents. At Safety Bay Settlements, we pride ourselves on being proactive and efficient, but it’s crucial for all parties to stay on top of their tasks and documentation to minimise any risks of delay.
If a delay does occur, the party responsible may be liable for interest as outlined in the Joint Form of General Conditions (2022). This interest is calculated at 9% of the purchase price per day of delay, which can add up quickly. Generally, a three-day grace period applies before interest is enforced.
Interest = ((Purchase Price) x (Annual Interest Rate of 9%)) ÷ 365 days x (Number of Delay Days).
Rest assured, we work diligently to prevent delays and keep your settlement on track, however we ask that you too, assist us in this endeavor by completing tasks and submitting documents on time. "Failing to prepare is preparing to fail."
Attendance
You don’t need to attend settlement, we take care of it all for you. Whether it’s handled virtually or, in rare cases, in person for a paper settlement in the Perth CBD, we’ve got it covered.
Timing
Settlement typically takes place any time between 11am and 3pm on the scheduled date. The exact time depends on the workload of the banks involved on the day, but rest assured, we coordinate closely with all parties to ensure everything proceeds as planned.
Notification of Completion
As soon as settlement is finalised, we will notify all relevant parties immediately, including you and the real estate agent.
Vacating and Possession
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If the property is the seller's principal place of residence:
They must vacate the property and hand the keys over to the real estate agent or you, the buyer, by 12 pm on the day following settlement. -
If the property is NOT the seller's principal place of residence, you may request to take possession, from the seller or their realtor, as soon as we provide confirmation that settlement has been completed.
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If the property is the seller’s principal place of residence, they must vacate the property and hand the keys over to the real estate agent or buyer by 12 pm on the day following settlement.
If the property is NOT the seller’s principal place of residence, the buyer may take possession as soon as we provide confirmation that settlement has been completed.
After Settlement
Once settlement is complete, you'll receive your final letter. This letter confirms that everything has been wrapped up, along with the final settlement statement, outlining the adjustments made to facilitate your settlement.
At Safety Bay Settlements, we're proud to have remained fully independent for over 45 years.
Unlike many others in the industry, we don't rely on recommendations from realtors, brokers, or any other intermediaries. Instead, we focus on one thing: delivering exceptional service. That's our strongest referral strategy, and it’s how we've built lasting relationships with our clients.
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