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WA Property Contracts: What Every Seller Needs to Know

WA property contracts follow standardised formats, not mysterious documents only agents understand. Here’s what every key clause actually means.

Lauren Mijatovic, Licensed Agent (RA85978)8 min readUpdated 11 Apr 2026
WA property contract guide explaining key clauses and conditions

Overview

What this article covers

  • 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

Party details

Who is legally buying and selling the property.
  • 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

Property description

The contract must match the property being sold.
  • 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

Price and deposit

The amount being paid and how commitment is shown.
  • 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

Settlement terms

When ownership transfers and what needs to happen before then.
  • 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

Inclusions and exclusions

What stays with the property and what leaves with you.
  • 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

Special conditions

The negotiated clauses that create most of the risk.
  • 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

Buyer beware still applies

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

No cooling-off period

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

Finance clause

  • 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

Building and pest inspection

  • 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

Subject to sale

  • 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

Sunset clause

  • 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.

  1. Receive and review the offer. Check price, deposit, settlement date, and conditions together. The best offer is not always the highest number.
  2. Negotiate the terms. Counter-offers usually focus on price, timing, or risk allocation. Keep the wording tight and practical.
  3. 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.
  4. 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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