Overview
- 01The core contract elements every WA seller should recognise
- 02WA-specific rules that catch sellers off guard
- 03The common conditions buyers ask for and how they affect you
- 04The standard signing flow from offer to exchange
Essential Contract Elements
Every REIWA offer and acceptance contract covers the same building blocks.
Core Element
- Use legal names exactly as they appear on title or identification.
- Confirm current addresses and contact details for correspondence.
- Check that every owner who needs to sign is actually named.
Core Element
- Street address and lot details should match the title.
- Certificate of Title references and plan details should be correct.
- Any strata or special title context should be clear upfront.
Core Element
- The purchase price should be stated clearly, including any GST treatment if relevant.
- The deposit amount and due date should be explicit.
- The trust account holding the deposit should be identified.
Core Element
- Typical settlement periods are around 30 to 60 days, but the date is negotiable.
- Possession and key handover arrangements should line up with settlement.
- If you need the wider process explained, read the WA settlement guide.
Core Element
- Fixed items such as blinds, lighting, and installed appliances should be clear.
- Any removable items the buyer expects should be listed, not assumed.
- If something is excluded, spell it out before signing.
Core Element
- Finance approval clauses
- Building and pest inspection clauses
- Subject-to-sale clauses or any other buyer-specific conditions
WA-Specific Contract Rules
WA property law is not the same as the eastern states. Two points matter most in practice.
WA Rule
WA follows caveat emptor. Buyers are expected to do their own due diligence, but sellers and agents still cannot mislead or hide known material facts.
- Disclose known structural issues or major defects.
- Disclose anything that would materially affect a buyer's decision.
- Take extra care with strata properties, which have added disclosure requirements.
WA Rule
Unlike many other states, WA does not give you an automatic period to change your mind after signing.
- The contract becomes binding once both parties sign and acceptance is communicated.
- Conditional clauses are your practical protection if something still needs to be confirmed.
- This is why it helps to understand your agency agreement before you ever get to the offer stage.
Common Conditions to Understand
Most offers come with conditions attached. Your job is not just to judge the headline price, but to understand the risk inside those clauses.
Condition
- Typical timeframe: 14 to 28 days.
- A shorter finance period usually means less risk for you as the seller.
- The clause should describe the approval the buyer actually needs.
Condition
- Typical timeframe: 7 to 14 days.
- The contract should define what counts as an unsatisfactory result.
- A pre-sale inspection can reduce the chance of renegotiation later.
Condition
- Typical timeframe: 30 to 60 days.
- This is a higher-risk clause because your sale depends on another transaction.
- If you accept it, include an escape clause so you can still respond to backup offers.
Condition
- This is the final date by which conditions must be satisfied.
- It creates certainty, but only if the timeframe is realistic.
- Make sure the contract is clear about what happens if the deadline is missed.
Contract Signing Process
The flow is usually straightforward. The discipline is in slowing down before the last signature.
- Receive and review the offer. Check price, deposit, settlement date, and conditions together. The best offer is not always the highest number.
- Negotiate the terms. Counter-offers usually focus on price, timing, or risk allocation. Keep the wording tight and practical.
- Get legal review if anything is unusual. A solicitor or settlement agent should look over complex clauses, special conditions, or anything you do not fully understand.
- Sign and exchange. Once both sides sign and acceptance is communicated, the deal is binding. Deposit is then paid into trust and the contract moves into the settlement phase.
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