Yes, it is legal to handle your own property settlement in Western Australia. There is no law requiring you to use a settlement agent or lawyer. In practice very few people do, and it is worth understanding why before you decide.
What you would need to do yourself
- Read and track every condition and deadline in your contract
- Order and interpret title, rates, water and land tax searches
- Prepare the transfer of land and other Landgate forms correctly
- Have your identity formally verified
- Arrange duty assessment and payment with RevenueWA if you are buying
- Coordinate with the bank, the real estate agent and the other party’s settlement agent
- Calculate rates, water and strata levy adjustments
- Attend settlement and lodge documents with Landgate
The practical hurdles
Electronic settlement. Most WA settlements are now completed through PEXA, which is only open to subscribers such as settlement agents, lawyers and banks. Acting for yourself means working outside that system, which makes settlement harder to coordinate with the other side and any banks involved.
Your lender. If you are borrowing, your bank will usually expect a licensed professional to be acting for you.
Risk. Licensed settlement agents carry professional indemnity insurance and are backed by a fidelity guarantee fund. If you make an error acting for yourself, such as missing a deadline or miscalculating an adjustment, you carry the cost.
When it might be realistic
A straightforward transfer with no mortgage and no other party, such as some family transfers, is the most realistic case. Even then, many people find it quicker and cheaper overall to have a settlement agent prepare and lodge the documents.
Frequently asked questions
Is it legal to do your own conveyancing in WA?
Yes. You are not legally required to use a settlement agent or lawyer in Western Australia. However, you take on full responsibility for the documents, deadlines, duty lodgement and settlement itself.
Can I use PEXA myself?
PEXA is available to subscribers such as settlement agents, lawyers and financial institutions rather than individual buyers and sellers, which is one of the main practical barriers to doing your own settlement.
How much would I save by doing my own settlement?
You would save the professional fee only. Disbursements, transfer duty and Landgate fees still apply. Get an itemised quote first so you can see exactly what the saving would be.