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Conveyancing

WA

A complete matter management solution for practitioners running a busy conveyancing practice in Western Australia.

2 Matter Plans

Overview

The Sale and Purchase of Real Property matter plans cover all the common and less frequent issues that arise in conveyancing matters. Each step of the transaction is outlined in sequential order, with all required precedents conveniently located, along with links to the relevant sections of the comprehensive commentaries.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • A full suite of letters to:
    • clients;
    • real estate agents; and
    • mortgagees.
  • Library of further terms;
  • Library of other agreements, deeds, and contracts;
  • Option agreement and notices.
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2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Sale of Real Property (WA)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon A Brief Explanation of the Transition to E-Conveyancing
    • Item icon 101 Costs Answers
    • Item icon Business Structures and the Comparative Table
    • Folder icon Papers and articles - Conveyancing and property
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
      • Item icon Adjustment for cladding agreements
      • Item icon Adjustment of rates
      • Item icon Adjustment of rent
      • Item icon Adjustments
      • Item icon Adjustments and land tax in 2024
      • Item icon Agreement to lease
      • Item icon Avoiding off the plan - Quality defects
      • Item icon Avoiding off the plan - Statutory rights
      • Item icon Avoiding off the plan contracts - A sequel
      • Item icon Bits and pieces
      • Item icon Breach of contract - Penalty interest
      • Item icon Breach of contract – Reasonably foreseeable loss
      • Item icon Breach of section 32
      • Item icon Caveats (Vic)
      • Item icon Caveats - Forcible removal 1
      • Item icon Caveats - Forcible removal 2
      • Item icon Caveats - Insufficient proceeds from settlement
      • Item icon Caveats - Tenant’s caveats and the sale or mortgaging of freehold property
      • Item icon Caveats - Use them!
      • Item icon Costs and caveats
      • Item icon Certificates of title in electronic conveyancing
      • Item icon Clayton's settlement
      • Item icon Compensation for loss
      • Item icon Contamination
      • Item icon Contract – Australian Consumer Law – Impact on residential conveyancing
      • Item icon Contract - Avoiding off the plan contracts 1
      • Item icon Contract - Avoiding off the plan contracts 2
      • Item icon Contract - Changing the contract by special condition
      • Item icon Contract - Electronic conveyancing special condition
      • Item icon Contract - Electronic signatures
      • Item icon Contract - Entire contract
      • Item icon Contract - Guarantee
      • Item icon Contract - Is there a contract?
      • Item icon Contract - Misleading contracts
      • Item icon Contract - New contract
      • Item icon Contract - New contract - Contract of sale tweaked
      • Item icon Contract - New contract - Happy anniversary
      • Item icon Contract - New special conditions for contract of sale
      • Item icon Contract - Nomination
      • Item icon Contract - Terms contracts 1
      • Item icon Contract - Terms contracts 2
      • Item icon Contract - Terms contracts 3
      • Item icon Contract - Trust transactions
      • Item icon Cooling off
      • Item icon Co-owners - Joint tenancy or tenancy in common
      • Item icon Co-owners and easements – Two topics
      • Item icon Covenant - Removal of covenants 1
      • Item icon Covenant - Removal of covenants 2
      • Item icon Defects - Essential safety measures - Part 1
      • Item icon Defects - Essential safety measures - Part 2
      • Item icon Defects - Occupancy and insurance certificates
      • Item icon Deposit - Deposit release - 2010
      • Item icon Deposit - Deposit release - 2017
      • Item icon Deposit - Deposit release - A solution?
      • Item icon Deposit - Deposit release - Tough decisions?
      • Item icon Deposit - Deposit release - Why take the risk?
      • Item icon Deposit - Forfeiture of deposit
      • Item icon De-regulated Contract of Sale of Land
      • Item icon Deterioration - A matter of degree
      • Item icon Deterioration - General condition 24 has teeth
      • Item icon Deterioration - State of the premises
      • Item icon Disclosure of death
      • Item icon Estate agent - Agent beware
      • Item icon Estate agent’s commission – Money for nothing
      • Item icon Foreign residents capital gains tax withholding
      • Item icon GST - GST and mistake
      • Item icon GST - Margin scheme
      • Item icon GST withholding
      • Item icon Inadvertent disclosure
      • Item icon Inspection - Right to inspect
      • Item icon Land tax - Part 1
      • Item icon Land tax - Part 2
      • Item icon Land transfer duty benefits
      • Item icon Lease - Abandoned goods
      • Item icon Lease - Landlords beware
      • Item icon Lease - Retail lease
      • Item icon Lease - Retail lease - Predominant use
      • Item icon Lease - Retail lease cost
      • Item icon Lost trust deeds
      • Item icon Material facts
      • Item icon Measurements
      • Item icon Mortgage stress
      • Item icon Nomination
      • Item icon Nomination and the Australian Consumer Law
      • Item icon Nomination disputes
      • Item icon Notice of action
      • Item icon Notices - Liability for notices
      • Item icon Off the plan duty concessions
      • Item icon Owner-builder insurance
      • Item icon Owner-builders
      • Item icon Owners corporations
      • Item icon Personal Property Securities Act
      • Item icon Planning certificates - Accuracy
      • Item icon Power of attorney
      • Item icon Priority notice
      • Item icon Property - Rules and undertakings
      • Item icon Rescission - Consequences of rescission 1
      • Item icon Rescission - Consequences of rescission 2
      • Item icon Rescission - Costs on rescission
      • Item icon Retail lease outgoings
      • Item icon Retail premises
      • Item icon Retail repairs
      • Item icon Retail repairs revisited
      • Item icon Sale of land amendments
      • Item icon Scary short-stays
      • Item icon Self managed superannuation funds
      • Item icon Septic situation
      • Item icon Sheriff - Enforcement procedure
      • Item icon Sheriff's sale - Part 1
      • Item icon Sheriff's sale - Part 2
      • Item icon Solicitor - Lawyers selling real estate
      • Item icon Solicitor – Executor’s commission 1 – Horns of a dilemma
      • Item icon Solicitor - Executor's commission 2 - A fiduciary duty
      • Item icon Solicitor – Liability for commercial advice
      • Item icon Stamp duty concessions
      • Item icon Subdivision - Off the plan sales
      • Item icon Subdivision - Off the plan sales - Best endeavours - Part 1
      • Item icon Subdivision - Off the plan sales - Best endeavours - Part 2
      • Item icon Subdivision - Off the plan sales - Materially affects
      • Item icon Subdivision - Off the plan sales - Sunset conditions
      • Item icon Subdivision - Owners corporation certificates
      • Item icon Subdivision - Owners corporation repairs
      • Item icon Subdivision - Owners corporations
      • Item icon Subject to contract
      • Item icon Sunset clause – Vendor ending a contract – Purchaser’s consent or court order required
      • Item icon Time of the essence
      • Item icon To be or not to Airbnb
      • Item icon Trade practices – Fair trading in property transactions
      • Item icon Vendor statement - Aboriginal Heritage Act
      • Item icon Vendor statement - Breach of section 32
      • Item icon Vendor statement - Growth areas infrastructure contribution
      • Item icon Vendor statement - Honest and reasonable
      • Item icon Vendor statement and leases
      • Item icon Vendor statement review
      • Item icon Vendor statements and the Australian Consumer Law
      • Item icon Vendor's duty to co-operate
      • Item icon Wills and estates - Death in the house
    • Item icon Further information
  • Item icon Overview
    The purpose of a conveyancing transaction is to transfer the title and use of real property from one party to another. It is not adversarial but is necessarily investigative. Mainly, this is a time of relief for the seller that they have sold their property and a time of happy, excited anticipation ...

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  • Item icon Summary of the process
    The usual steps in conducting a sale of real property matter include:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Sale of real property
    • Item icon To do list - Sale of real property
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Folder icon Verifying identity and client authorisation
      • Item icon Verification of identity in electronic conveyancing transactions
      • Item icon Client authorisation
        A client authorisation enables the client to authorise a solicitor or conveyancer to act on their behalf for an electronic transaction. Although like a power of attorney, legislation specifically states that it is not. A client authorisation is required to sign and lodge documents and to complete ...

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      • Folder icon Library of identity and authorisation forms - WA
        • Item icon Verification of identity certificate
        • Item icon Client authorisation
        • Item icon Identifier declaration
        • Item icon Identity agent certification
        • Item icon Australian Embassy/High Commission/Consulate certification form
    • Item icon Retainer instructions - Sale of real property
    • Item icon Conflict of interest check
    • Item icon Time and costs estimates
    • Item icon Initial letter to seller
    • Item icon Costs agreement - WA
    • Item icon Scope of work - Sale of real property
    • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Client waiver in relation to residual current devices and smoke alarms
    • Item icon Initial letter to agent before sending contract
    • Folder icon Foreign resident capital gains withholding payment
      • Item icon Foreign resident capital gains withholding payments
        The foreign resident capital gains withholding provisions of the Taxation Administration Act 1953 (Cth) provide that when a property is sold, the buyer is required to withhold 15% of the purchase price and remit it to the Australian Taxation Office (ATO) unless the seller provides a clearance ...

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      • Item icon Letter to client regarding foreign resident capital gains withholding payment
      • Item icon Foreign resident capital gains withholding clearance certificate application
      • Item icon Foreign resident capital gains withholding purchaser payment notification
      • Item icon Foreign resident capital gains withholding rate variation application
    • Item icon Withholding payment of GST on purchase of certain real property
      The requirement for buyers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under subdivision 14-E of Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all contracts ...

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    • Item icon Letter to client regarding GST withholding payment
    • Folder icon If required - Acting for both parties
      • Item icon Letter to seller acknowledging we act for both parties
    • Folder icon If required - Power of attorney for land
      • Item icon Powers of attorney for land transactions
        Section 143 of the Transfer of Land Act 1893 allows a contract to be signed by a power of attorney. However, if a document that is required to be registered, such as a transfer, is signed by an attorney, the power must be registered. If a contract of sale or registrable documents are signed by ...

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      • Item icon General power of attorney
      • Item icon Enduring Power of Attorney with Acceptance
      • Item icon Enduring power of attorney coversheet
      • Folder icon Library of clauses for power of attorney
        • Item icon Company appoint attorney to conduct the business of the company
        • Item icon Access to will
        • Item icon Company appoint attorney to execute documents
        • Item icon Director appointing substitute during absence
        • Item icon Discharge of mortgage
        • Item icon Purchase of real property
        • Item icon Mortgage
        • Item icon Sale of real property
        • Item icon Application for probate or administration - Executor out of jurisdiction
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Contract
    • Item icon Forming the contract
      For a contract to be formed, the following criteria must be met:

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    • Item icon Form of contract
      Sale of land Land is sold through an offer and acceptance process where a proposed buyer will make an offer to purchase to the seller and the seller then accepts, declines, or responds with a counteroffer. Although some practitioners use their own contracts, the standard contract adopted by most ...

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    • Item icon Disclosure obligations
      Agents and sales representatives Ascertaining, verifying, and communicating material facts to the parties in a transaction is a direct requirement under r 24 of the Real Estate and Business Agents and Sales Representatives Code of Conduct 2016. An agent must make reasonable efforts to ...

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    • Item icon Precontractual disclosure statement to the buyer
    • Item icon Parties
      The central issues as to the identity of the buyer are those relating to tax, tenancy, and asset protection. See the Business Structures and the Comparative Table commentary for more information.

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    • Item icon Property
      Identification Those who cannot imagine a mistake in this area easily overlook the need for identification of the property. It seems inconceivable that a contract can relate to a property other than the one inspected by the buyer, but it happens.

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    • Item icon Inclusions
      This is often an area which leads to disputes. Care should be taken to ensure that all inclusions are stated and any items that a buyer might consider to be included but are not, are shown as exclusions. Typically, disputes arise over such items as birdbaths, dishwashers, large entrance pots, cubby ...

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    • Item icon General conditions
      The Offer and Acceptance and General Conditions contract is designed to obviate the need for any alterations and additions. However, care should be taken to consider additional or special conditions that may be of use given the specific circumstances of the property. Any special conditions or ...

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    • Item icon Special conditions
      There is an extensive Library of special conditions included on the matter plan to deal with the many issues that might be relevant. Usual standard special conditions include:

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    • Folder icon Library of special conditions
      • Item icon Foreign resident capital gains withholding
      • Item icon Building report - Completion subject to satisfactory report
      • Item icon Building - Completion subject to major domestic building work
      • Item icon Confidentiality - Buyer
      • Item icon Contamination - Buyer accept any contaminant
      • Item icon Contamination - Buyer accepts named contaminant
      • Item icon Covenant - To produce for inclusion in conveyance
      • Item icon Documents - Attached
      • Item icon Defects liability - Minor defects period
      • Item icon Deposit - Bond issued to seller
      • Item icon Deposit - Exchange on less than 10 per cent
      • Item icon Deposit - Investment in interest bearing trust account
      • Item icon Deposit - Release for use by seller as deposit or transfer duty
      • Item icon Development - Seller will facilitate buyers proposed development
      • Item icon Development application - Seller to consent following exchange
      • Item icon Early settlement - Discount for
      • Item icon Early settlement - Discount for - Time critical to seller
      • Item icon Executor - Seller executor and not yet registered proprietor
      • Item icon Executor - Seller executor and not yet registered proprietor - Electronic settlement
      • Item icon Finance - Completion subject to - Extensive
      • Item icon Finance - Completion subject to - Named lender
      • Item icon Finance - Completion subject to - Concise
      • Item icon Foreign buyer - Completion subject to FIRB approval
      • Item icon Foreign buyer - Warranty regarding foreign person status
      • Item icon GST - Apportionment of price - Agreed values
      • Item icon GST - Apportionment of price - Valuation required
      • Item icon GST - Farm land supplied for farming
      • Item icon GST - Included in price margin scheme applies no input tax credit
      • Item icon GST - Payable by buyer in addition to price
      • Item icon GST withholding - Residential premises or potential residential land
      • Item icon Guarantee - Corporate buyer
      • Item icon Interdependent - Completion subject to purchase by seller
      • Item icon Interdependent - Completion subject to sale by buyer
      • Item icon Interdependent contracts
      • Item icon Interest to run from expiry of notice to complete
      • Item icon Outstanding notice - Buyer will comply
      • Item icon Passing of risk - Changing time
      • Item icon Pest report - Completion subject to satisfactory report
      • Item icon PPSA - Release of security interest
      • Item icon PPSA - Undertaking by secured party to register release of security interest
      • Item icon Plant equipment - Value included in sale
      • Item icon Possession - Buyer enters before completion
      • Item icon Possession - Seller stays on after completion - Licence agreement
      • Item icon Possession - Seller stays on after completion - Residential lease
      • Item icon Price - Apportionment of price between land and construction
      • Item icon Property - Identity of the land
      • Item icon References to statutes
      • Item icon Registration - Time for registration of plan
      • Item icon Release and indemnity - General
      • Item icon Repair - Completion subject to
      • Item icon Reports and approvals - Assignment of
      • Item icon Rural - Special conditions
      • Item icon Severability
      • Item icon Sewer - Responsibility to connect to
      • Item icon Solar panels
      • Item icon Terms contract - Special condition
      • Item icon Transfer by direction
      • Item icon Trustee sale - Liability limited to indemnity
      • Item icon Unapproved works - Disclosure of
      • Item icon Use - Buyer to be satisfied as to use
      • Item icon Use - No warranty as to use
      • Item icon Whole agreement
      • Item icon Waiver of breach
    • Item icon Tax
      Goods and services tax (GST) It must be clear if GST is payable by the buyer and whether it is included in the price.

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    • Item icon Foreign resident capital gains withholding payments
      The foreign resident capital gains withholding provisions of the Taxation Administration Act 1953 (Cth) provide that when a property is sold, the buyer is required to withhold 15% of the purchase price and remit it to the Australian Taxation Office (ATO) unless the seller provides a clearance ...

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    • Item icon Withholding payment of GST on purchase of certain real property
      The requirement for buyers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under subdivision 14-E of Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all contracts ...

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    • Item icon GST residential withholding - Supplier notification
    • Item icon Other considerations
      Selling Crown land The Land Administration Act 1997 allows for the granting and administration of the following leases of Crown land:

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    • Folder icon If required - Pastoral lease
      • Item icon Selling Crown land
        The Land Administration Act 1997 allows for the granting and administration of the following leases of Crown land:

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      • Item icon Letter to government department requesting ministerial consent
    • Folder icon If required - Possession under licence
      • Item icon Possession before settlement
        If the seller agrees to possession before settlement, it would be advisable to either ensure the contract provides for the buyer to assume the risk of the property from the date of possession, or to enter into a collateral agreement in relation to that possession. This means that the buyer must ...

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      • Item icon Licence agreement - Possession before completion
      • Item icon Licence agreement - Seller retains possession after completion
    • Folder icon Library of other contracts, deeds, and agreements
      • Item icon Contract for sale and lease of manufactured home - Seller is lessor
      • Item icon Contract for sale and lease of manufactured home - Seller is not lessor
      • Item icon Contract for sale of shares of a company owning property
      • Item icon Conveyance of old system property
      • Item icon Contract for sale of personal property
      • Item icon Declaration of trust for purchase by trustee
      • Item icon Declaration of trust for a buyer
      • Item icon Deed of novation
      • Item icon Granny flat agreement as contemplated by Services Australia
      • Item icon Licence agreement - Possession before completion
      • Item icon Licence agreement - Seller retains possession after completion
      • Item icon Partition agreement
      • Item icon Sharefarming agreement
      • Item icon Standard annexure note for documents
  • Folder icon C. Negotiations and execution
    • Item icon Letter to agent that contracts have been issued to buyer's solicitor
    • Item icon Letter to client to call for appointment to sign contract and bring loan number
    • Item icon Signing the contract
      Electronic signatures The Electronic Transactions Act 1999 (Cth) confirms that electronic signatures are equivalent to traditional hardcopy signatures. Specifically, it provides that a legal requirement for a manual signature can be satisfied with an electronic signature if a reliable method is in ...

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    • Item icon Letter to buyer’s solicitor returning signed contract
    • Item icon Deposit
      Payment of the deposit The deposit is typically payable within 7 days form the date the buyer signs the contract, however, the parties may agree to other arrangements. Time is of the essence.

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    • Folder icon If required - Deposit
      • Item icon Letter to buyer’s solicitor requesting release of deposit
      • Item icon Letter to buyer’s solicitor requesting authorisation of release of deposit
      • Item icon Letter to agent requesting release of deposit
      • Item icon Letter to client advising buyer has agreed to release the deposit
    • Item icon Letter to seller after offer and acceptance with prearranged telephone appointments
    • Item icon Letter to seller after offer and acceptance without prearranged telephone appointments
    • Item icon AI Prompt for post exchange letter to Vendor
    • Item icon Letter to agent confirming offer and acceptance
  • Folder icon D. Mid transaction
    • Item icon Caveats
      Buyer’s caveat after contract As a result of the case Black v Garnock [2007] HCA 31, some lawyers have adopted the practice of registering a caveat after execution and before settlement. Practitioners need to advise their clients of the risks of not lodging a caveat and seek instructions.

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    • Item icon TitleWatch
      If a client elects not to register a caveat, they can register with Landgate’s notification service, TitleWatch which notifies subscribers via email when an action is detected on a certificate of title. For example, a subscriber would be notified if a caveat was registered over a title during the ...

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    • Item icon Discharge of encumbrances
      It is standard procedure for the seller’s practitioner to write to mortgagees and caveators to arrange the discharge of their mortgages and caveats, except a buyer’s caveat, so settlement can proceed.

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    • Item icon Letter to discharging mortgagee requesting discharge
    • Item icon Letter to caveator requesting withdrawal of caveat
    • Item icon Insurance and risk
      The common law held that risk passed on sale and that while the seller was in the position of a trustee for the buyer during the contract period, the risk of any deterioration to the property during that period fell on the buyer. Clause 8.1 of the General Conditions reverses the common law ...

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    • Folder icon If required - Outstanding certificates and off the plan
      • Item icon Letter to client on outstanding land tax
      • Item icon Letter to buyer’s solicitor to extend sunset period
      • Item icon Letter to buyer’s solicitor advising plan registered
    • Folder icon If required - Strata
      • Item icon Letter to strata manager requesting s 43 certificate
    • Folder icon Foreign resident capital gains withholding payment
      • Item icon Foreign resident capital gains withholding payments
        The foreign resident capital gains withholding provisions of the Taxation Administration Act 1953 (Cth) provide that when a property is sold, the buyer is required to withhold 15% of the purchase price and remit it to the Australian Taxation Office (ATO) unless the seller provides a clearance ...

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      • Item icon Letter to client regarding foreign resident capital gains withholding payment
      • Item icon Foreign resident capital gains withholding clearance certificate application
      • Item icon Foreign resident capital gains withholding rate variation application
      • Item icon Letter to other side’s solicitor enclosing foreign resident capital gains clearance certificate or rate variation
    • Item icon Withholding payment of GST on purchase of certain real property
      The requirement for buyers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under subdivision 14-E of Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all contracts ...

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    • Item icon GST residential withholding - Supplier notification
  • Folder icon E. If required - Claims, disputes and notices
    • Item icon Error or misdescription
      An error or misdescription made about the property contracted to be sold occurs if the buyer is not receiving substantially what was agreed to be sold. Clause 15 of the General Conditions applies if there is an error or misdescription relating to:

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    • Item icon Deterioration
      A contract for the sale of land is an executory contract, meaning that the parties will carry the contract into effect sometime after the contract is made. This may be contrasted with a contract for the sale of an ice cream, which is completed at the time that the agreement is made. This time delay ...

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    • Item icon Disputes
      The following areas typically lead to disputes.

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    • Item icon Notices
      Notices generally Land ownership requires the owner to have relationships with many other people and organisations, for instance, neighbours, local councils, and other authorities. As a result, these third parties may take a particular interest in the property or send a notice to the owner ...

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    • Folder icon Library of notices
      • Item icon Notice to perform
      • Item icon Notice of rescission generally
      • Item icon Notice of termination
      • Item icon Notice to complete - Paper settlement
      • Item icon Notice to complete - Electronic settlement
      • Item icon Letter to other side serving notice
      • Item icon Letter to other side's solicitor serving notice
      • Item icon Letter to other side's solicitor disputing notice to complete
      • Item icon Response to letter disputing notice to complete
      • Folder icon Rescission - Sunset clause
        • Item icon Notice of rescission by seller for want of registration of plan
        • Item icon Consent of buyer to rescission for want of registration of plan
        • Item icon Letter to buyer serving rescission notice for want of registration of plan
        • Item icon Letter to buyer’s solicitor serving rescission notice for want of registration of plan
      • Item icon Deed of mutual rescission of contract
  • Folder icon F. Paper transaction - Through to settlement
    • Item icon Certificate of title
      Duplicate, or paper, certificates of title are no longer in use. Landgate holds the one true copy of each certificate of title in a digital format. A Record of certificate of title can be ordered from Landgate.

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    • Item icon Adjustments
      Adjustments are undertaken towards the end of a conveyancing transaction and put into effect at settlement when the buyer pays the balance of the purchase price to the seller and becomes entitled to the property. Property ownership involves paying outgoings, such as rates, and receiving income, ...

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    • Item icon Settlement Statement
    • Item icon Direction to pay to buyer’s solicitor
    • Item icon Settlement process
      Clause 3 of the General Conditions sets out the settlement process. If settlement is taking place electronically, clause 3.12 sets out the processes applicable. To some extent, a conveyancing transaction culminates in settlement or completion. While there are still some matters to be ...

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    • Item icon Letter to agent notifying date and time of settlement
    • Item icon Letter to seller with settlement figures and our account
    • Item icon AI Prompt for pre-settlement letter to Vendor
    • Folder icon If required - Deposit required for settlement and tenant direction
      • Item icon Letter to agent when deposit required at settlement
      • Item icon Letter to buyer’s solicitors when deposit required at settlement
      • Item icon Attornment letter to tenant - Rental payment direction
    • Item icon Request to accept paper lodgment
    • Item icon Settlement instructions - Sale with mortgagee
    • Item icon Settlement instructions - Sale without mortgagee
    • Item icon Letter to law stationer with settlement instructions
  • Folder icon G. Electronic transaction - Through to settlement
    • Item icon Electronic conveyancing
      Electronic conveyancing is now the standard settlement process in Western Australia. A Brief Explanation of the Transition to E-conveyancing, available in the Reference Materials folder on the matter plan, includes information on how to get connected and the full timeline for implementation.

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    • Item icon Certificate of title
      Duplicate, or paper, certificates of title are no longer in use. Landgate holds the one true copy of each certificate of title in a digital format. A Record of certificate of title can be ordered from Landgate.

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Folder icon Client authorisation
      • Item icon Client authorisation
    • Item icon Adjustments
      Adjustments are undertaken towards the end of a conveyancing transaction and put into effect at settlement when the buyer pays the balance of the purchase price to the seller and becomes entitled to the property. Property ownership involves paying outgoings, such as rates, and receiving income, ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Settlement Statement
    • Item icon Direction to pay to buyer’s solicitor
    • Item icon Settlement process
      Clause 3 of the General Conditions sets out the settlement process. If settlement is taking place electronically, clause 3.12 sets out the processes applicable. To some extent, a conveyancing transaction culminates in settlement or completion. While there are still some matters to be ...

      This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.

    • Item icon Letter to agent notifying date and time of settlement
    • Item icon Letter to seller with settlement figures and our account
    • Item icon AI Prompt for pre-settlement letter to Vendor
    • Folder icon If required - Deposit required for settlement and tenant direction
      • Item icon Letter to agent when deposit required at settlement
      • Item icon Letter to buyer’s solicitors when deposit required at settlement
      • Item icon Attornment letter to tenant - Rental payment direction
  • Folder icon H. Finalising the matter
    • Folder icon If required - Not proceeding
      • Item icon Letter to seller when property withdrawn from sale
    • Item icon Letter to agent confirming settlement and enclosing order on agent
    • Item icon Finalising the matter
      In reporting and accounting to the client it is often difficult for them to understand how rate adjustments work. The precedent Final Letter goes a long way to explaining the adjustments though we recommend talking through the settlement statement with the client when it is being reviewed.

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    • Item icon Letter to seller after settlement finalising the matter
    • Item icon Enclosure - Explanatory sheet in relation to settlement and adjustments
    • Item icon AI Prompt for post settlement letter to Vendor
    • Item icon Example invoice incorporating notification of client's rights - WA
    • Item icon Invoice recital - Conveyancing
    • Folder icon If required - Return of cancelled title
      • Item icon Letter to Landgate requesting return of cancelled title
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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