FAQ & Forms

FAQ for Owners | FAQ for the Purchaser | Downloadable Forms

FAQ for Owners

Q. What happens after I sign the Contract of Sale?

A. If your contract with the Purchasers is subject to conditions such as finance, the sale of their own property, or if you are subdividing your property, then nothing will happen until those conditions have been met.

Your real estate agent should advise you the minute these conditions are met.

We will also diarise these dates and chase up the agent when the conditions date falls due.

If you have entered into a private sale with the Purchaser, we will be in contact with the Purchaser’s settlement agent to ensure the conditions are met when the date becomes due.

Q. What happens then?

A. You need to immediately instruct your bank or financial institution to discharge your mortgage.

Most companies will have standard forms for you to complete, sign and return. We do of course instruct your bank or financial institution as well, but for the most part they will not take instructions from a third party and will require your written authority to deal with us for settlement purposes.

Alternatively, if you have a clear title or have paid out your mortgage, you need to locate your original Title Deed in preparation to forward to our office.

At a reasonable time prior to settlement we should receive the Transfer of Land from the Purchaser’s agent, which we will forward to you for signing and return to our office.

Q. I need to pay off my car or pay money to another person from my proceeds. How do I do that?

A. When we send out the Transfer of Land for you to sign, we include a final disbursement authority for you to complete.

You can fill in payee details and bank account details of as many people or companies as you would like to pay from your settlement proceeds. We can draw these in bank cheques as long as you are aware that you will have to pay for the bank cheque charges.

This is subject to the bank being paid out their debt first.

Q. When will my cheque be cleared?

A. We will deposit your settlement proceeds on the same day as settlement by bank cheque to your nominated bank account.

It is at your own bank’s discretion as to whether they allow you to draw on it immediately or not. You will have to enquire with them directly.

If you have instructed your bank to collect the full proceeds on your behalf, then we do not have any control over when they deposit the monies into your account. Again, you will have to enquire with them directly.

Q. I’m going away. Can the documents be faxed?

A. No. Given the legal nature of the documents, a faxed copy is not accepted by Western Australian Titles Office nor any banks or financial institutions, specifically the following documents:

  • Transfer of Land
  • Discharge of mortgage authority

Q. I am away, or reside in another country. Can the documents be emailed?

A. The Titles Office has very strict requirements as to the form of the Transfer of Land, such as paper type, weight and back-to-front printing. We prefer, time allowing, to have the Transfer sent by express courier or post if possible.

Also, the Transfer of Land, in accordance with the Joint Form of General Conditions, should be signed by the Purchasers first.

In urgent settlements we can email the form one way only. The original must be physically signed and returned by mail. However you must liaise closely with our office and fax the completed form to us prior to sending it. We must ensure that it will be in an acceptable format for settlement.

We would hope that most financial institutions can email their Authorities to you, but you may enquire with your individual financial institution.

Q. Do I need to go to settlement?

A. No, that’s our job, to attend settlement as your representative.

Q. When do I have to move out?

A. If you live in the property you are entitled to remain in the property up until 12 (noon) the following day after settlement.

If you do not reside in the property, you should hand over keys, or allow access immediately following settlement. You will need to contact our office to find out the settlement time.

Q. Where do I get keys from?

A. Your real estate sales representative usually hands over keys after settlement. You must contact them to make arrangements.

If you have sold the house privately (no agent) and are in contact with the Purchaser, you can make a mutual time to hand over the keys. Alternatively, contact our office and we will make arrangements with the purchaser’s settlement agent.

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FAQ for the Purchaser

Q. What happens after my finance is approved?

A. Once you have given your finance approval letter or a confirmation letter from yourselves to your real estate agent and our office:

  • We prepare the Transfer of Land and a preliminary settlement statement, and send it to you for signing and return to our office with your stamp duty cheque.
  • Your bank, once you have signed and accepted the Loan Contract, will then prepare your mortgages for you to sign. You must allow a sufficient time before settlement in which to sign the bank mortgage documents to allow them to process them prior to settlement. We suggest 7-10 days (at least) before settlement if possible.
  • Once you have paid any balance monies (if required) and satisfied or accepted any special conditions that may have been included on the Contract of Sale, you only need to carry out your final inspection!

Q. I have borrowed my stamp duty. Why do I have to pay it now?

A. In accordance with the Joint form of General Conditions for the sale of land, your Transfer must be presented stamped and a reasonable time prior to the settlement date to the seller for signing.

  • The Joint Form of General Conditions 3.3(a) (which forms part of your contract) requires that the Transfer is stamped and given to the owner a reasonable time prior to the settlement date (we suggest at least 8-10 days at a minimum).
  • We point this out as if you do not return the transfer with the stamp duty, you may be in the position where you will forfeit your right to penalty interest and other rights and remedies available to you, if in the event the Vendor is late or defaults on settlement.
  • PLEASE NOTE – We can hold your stamp duty cheque until settlement date in most cases, but you must advise us if you require us to do this and it will be at the Vendor’s discretion whether they will execute an “unstamped” Transfer document. In this event, you must be aware that your rights under the Joint Form of General Conditions will be altered.
  • Excerpt of advice from Australian Institute of Conveyancers on advice from their solicitors Dwyer Durack: “By not stamping the Transfer prior to sending it to the seller, the settlement agent is knowingly placing their client in breach of their contractual terms. The buyer client cannot be ready, willing and able to settle with the potential consequences of penalty interest, compensation or the buyer not being able to recover as a result of a seller default. If a buyer’s agent forwards an unstamped Transfer, the seller is perfectly entitled under the terms of the contract to return the Transfer to the buyer for stamping in accordance with the contract.”
  • If your bank is advancing your stamp duty, PLEASE ENSURE that they acknowledge to you that they will forward the cheque prior to settlement date (not at settlement). If they are unable or unwilling to do this, then please make sure they are aware of how they affect your rights under the contract.

Q. I am a first home owner. How do I apply for the First Home Owner Grant?

A. The First Home Owners Grant application form is submitted by your bank. You have to complete and sign the form with your banker or broker.

The funds are paid to the bank upon settlement date and thereon handed over with the mortgage proceeds at settlement.

It’s not usual for any portion of the Grant to be released to you prior to settlement.

If you have a cash purchase (no bank involved) or need to submit the form to the State Revenue yourself, you may download the form from this site:
http://www.dtf.wa.gov.au/cms/osr_content.asp?ID=198

Once approved, the State Revenue will advise you in writing and forward an exemption form to you. This form must be forwarded to our office to enable us to stamp your contract at the reduced or nil rates.

If you have not received this form prior to settlement the stamp duty must be paid in full, and the forms submitted for a refund cheque after settlement.

Q. I’m going away. Can the documents be faxed?

A. No. Given the legal nature of the documents, a faxed copy is not accepted by Western Australian Titles Office nor any banks or financial institutions, specifically the following documents:

  • Transfer of Land
  • Mortgage documents
  • Bank documents (Loan Contract, Consumer Credit code, Guarantees, etc)

Q. I am away, or reside in another country. Can the documents be emailed?

A. The Titles Office has very strict requirements as to the form of the Transfer of Land (such as paper type, and back-to-front printing. We prefer, time allowing, to prepare and print the Transfer form at our office and send by express courier or post is possible.

In urgent settlements we can email the form (one way only, the original must be physically signed and returned by mail), but you must liaise closely with our office and fax the completed form to us prior to sending it. We must ensure that it will be in an acceptable format for settlement.

We don’t believe any bank documentation can be emailed, but you may enquire with your financial institution.

Q. Do I need to go to settlement?

A. No, that’s our job, to attend settlement as your representative.

Q. Can I inspect the property again?

A. You are entitled (and we strongly urge you) to inspect the property 5 business days prior to the settlement date. This is your chance to check the property from top to bottom and make sure everything is in working order as per your Contract of Sale, and any special conditions are met.

It is at the owner’s discretion as to whether they will allow any additional inspections. Many owners find that following the burden of many home opens, any other inspections are an intrusion. We do advise eager purchasers to be mindful of this. You can only ask your sales representative to enquire with the owner if they will allow an extra inspection and respect their decision.

Q. When can I move in?

A. When the owner lives in the property you are buying they are entitled to remain in the property up until 12 (noon) the following day after settlement.

If they do not reside in the property, you are entitled to move in immediately following settlement. You will need to contact our office to find out the settlement time.

Q. Where do I get keys from?

Your real estate sales representative usually hands over keys after settlement. You must contact them to make arrangements.

If you have purchased the house privately (no agent) and are in contact with the owner, you can make a mutual time to hand over the keys. Alternatively, contact our office and we will make arrangements with the owner’s settlement agent.

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PO Box 395
South Perth
Western Australia 6951

Ph: +61 (08) 9367 9422
Fax: +61 (08) 9474 1628