Things I tell my buyers · Western Australia

Know more than the agent across the table.

I've been working with buyers for ten years, and I'll be honest with you: real estate is a complex industry, and most of what buyers actually need to know is never explained to them. Not because agents are hiding it. Most simply never take the time.

So I've written it all down. The process, the contract, the laws, the traps, and the things I tell my own buyers before they sign anything. Read this properly and you'll walk into your next home open more informed than some people working in the industry.

This isn't legal advice and it isn't a sales pitch. It's the guide I wish every buyer had.

Ben Wood · Licensed Sales Consultant · South West WA · benwoodrealestate.com

Contents
Chapter 01

How buying actually works in WA

Every state does this differently. Here's the WA version, start to finish.

1. Finance first. Get written pre-approval from a broker or bank before you start looking seriously. It sets your budget and it makes your offers credible. Pre-approval usually lasts around three months.

2. Research and inspect. Watch what homes actually sell for, not what they're listed at. Sold prices are the market. Asking prices are hope.

3. Offer in writing. WA offers go on a contract called the Offer and Acceptance, the O&A, attached to the Joint Form of General Conditions. Price, deposit, settlement date and your conditions all go in it. The seller accepts, rejects or counters.

4. No cooling-off period. This is the big one. Once both parties sign, the contract is binding. In WA you cannot change your mind and walk away like buyers can in some other states. Your conditions are your only exits. Get them right before you sign, not after.

5. Conditions get satisfied. Your bank formally approves the loan, usually within about 21 days. Inspections happen. When every condition is met, the contract goes unconditional and the sale is locked in.

6. Settlement. A settlement agent (conveyancer) handles the legal transfer, checks the title, adjusts the rates and lodges everything with Landgate. You'll do a formal identity check called a VOI with original documents. You're entitled to a final inspection in the week before settlement. Then, typically 30 to 60 days after acceptance, the keys are yours.

What I tell my buyers

The deposit isn't extra money and it doesn't have to be 10%. It sits in a trust account and comes off your price at settlement. Around $5,000 minimum is typical in WA. A bigger deposit just tells the seller you're serious.

Chapter 02

Buyer beware: what nobody has to tell you

Here's something most buyers don't know. WA has no mandatory seller disclosure statement. The legal starting point is buyer beware. If you don't ask, and you don't inspect, you own the surprises.

That said, you're not on your own entirely. Three protections exist, and knowing them is powerful.

Agents must disclose material facts

Under the WA Code of Conduct, an agent who knows something material about a property must tell you. Structural issues they're aware of, a past drug lab, a serious crime at the property, unapproved renovations, an encroaching fence, a sewer main through the block. If they know it and it would affect your decision, they can't sit on it.

Consumer law backs you up

Australian Consumer Law makes it an offence to mislead or deceive you into a contract. A seller or agent who actively hides a known problem, or tells you something untrue, is exposed to real penalties. Silence on things they genuinely don't know about is legal. Lying is not.

Some sales carry extra rules

Strata and community title sales have their own compulsory disclosure requirements. Owner-builders selling within the required period must provide a home indemnity insurance certificate. RCDs and compliant smoke alarms are required when a home is sold in WA.

What I tell my buyers

Ask your questions in writing, by text or email. An agent can dodge a question at a home open. A written question about a material fact creates a record, and honest answers follow records.

Chapter 03

Contract conditions, decoded

Conditions are the safety switches in your contract. Since WA has no cooling-off period, they're the only ones you get.

Subject to finance

The purchase only proceeds if your lender formally approves the loan by the finance date, usually about 21 days. If you make a genuine effort and finance is declined, you can withdraw with your deposit intact.

  • Pre-approval is not approval. The bank still values the property, and a low valuation can sink a loan.
  • Need more time? Request an extension in writing before the date passes, never after.
  • The clause covers a genuine decline. It's not a change-of-mind exit.

Subject to building and pest inspection

A licensed inspector checks for structural defects and timber pests. Under the standard REIWA annexure the seller generally has to fix qualifying structural defects. It doesn't cover cosmetic gripes.

  • Book it in the first week of the conditional period so there's time to act on the findings.
  • A few hundred dollars here can save you tens of thousands later.

Subject to sale

Your purchase depends on selling your current home first. Completely legitimate, and common for anyone upgrading. Two things to understand:

  • Most sellers accept these with a 48-hour clause. If another acceptable offer lands, you get 48 hours to go unconditional or step aside. Have your plan ready before that call comes.
  • It's a weaker negotiating position, so the rest of your offer needs to work harder. Realistic price, clean conditions, and ideally your own home already on the market or under offer.

Also worth knowing

  • Working order at settlement. Standard WA general conditions require gas, electrical and plumbing to be in working order at settlement. Test everything at your final inspection.
  • Special conditions. Anything can be negotiated in writing. Seller to remove the rusted shed, pool to be serviced, longer settlement to suit a tenancy. If it matters, write it in.
  • Verbal promises count for nothing. If it isn't in the contract, it doesn't exist.
Chapter 04

Making offers that win

Sellers don't just pick the biggest number. They pick the offer most likely to actually settle. Ten years of presenting offers has taught me what gets across the line.

Attach your pre-approval

Proof your finance is underway is worth real money. Sellers discount risky offers in their heads. Remove the risk and your number goes further.

Keep conditions clean and dates realistic

Every extra condition is a reason for your offer to fall over. Keep the ones that protect you, drop the padding, and set dates you can genuinely meet. Missing your own finance date is the fastest way to lose a seller's trust.

Ask what settlement suits the seller

Some need 30 days. Some need 90 while they find their next place. Matching their timeline can beat another buyer's extra few thousand dollars, and it costs you nothing to ask.

In a multiple offer situation, go best and final

You won't be told the other numbers, and you usually get one shot. Decide your ceiling before emotion gets involved, offer what the home is worth to you, and be at peace either way. The worst outcome is losing a home you loved by a thousand dollars you'd have happily paid.

Move fast and be contactable

Deals are lost in slow replies. When your offer is in, answer your phone. When documents need signing, sign them that day. Speed reads as certainty, and certainty wins.

Don't show the agent your full hand

The selling agent works for the seller. Be polite, be honest, but never volunteer your absolute maximum budget or how desperate you are. "It's one of a few we're considering" is a complete sentence.

Chapter 05

Spotting quality vs a quick flip

Fresh paint sells houses. Sometimes it also hides them. Here's how to tell a genuine renovation from a rushed job dressed up for photos.

Signs of a quality home

  • Consistent finishes everywhere, including inside cupboards, the laundry and the garage. Corners nobody was meant to look at.
  • Doors and windows that open, close and lock smoothly. Square frames mean a stable structure.
  • Tiling with even grout lines and proper falls to floor wastes in wet areas.
  • A tidy meter box with modern RCDs and labelled circuits.
  • Paperwork. Receipts, warranties, compliance certificates and council approvals, offered without you having to chase them.
  • A seller who can tell you who did the work and when.

Signs of a cover-up

  • One freshly painted wall or ceiling in an otherwise tired room. Ask what was underneath.
  • Thick silicone smeared where tiling or carpentry should be neat. Silicone is the duct tape of bad renovations.
  • Heavy air freshener or every window open in winter. Smell is evidence. Damp and mould have a scent paint can't hide.
  • New render or fresh patching along cracks, especially near door and window corners. That can be movement, not decoration.
  • Cheap gloss over old bones: new handles on failing cabinets, laminate floated over uneven floors, LED downlights in sagging ceilings.
  • Vague answers about who did the work.
What I tell my buyers

Ask two questions about any renovation: who did the work, and where's the council approval? Unapproved patios, sheds, extensions and granny flats become your problem the day you settle, and councils can order them modified or removed at your cost. If the addition was owner-built, ask about home indemnity insurance. Vague answers are your cue to dig, not to hope.

And regardless of how good everything looks, get the independent building and pest inspection. Choose your own inspector rather than one suggested by anyone connected to the sale. It's a few hundred dollars for a professional set of eyes with no stake in the outcome.

Chapter 06

Things I tell my buyers

The short version of a hundred conversations. None of this is secret. It's just rarely said out loud.

The agent works for the seller

Even the friendly ones. Even me, when I'm the listing agent. A good agent will still treat you fairly and answer honestly because the law and their reputation demand it, but their job is the seller's best result. Do your own due diligence, always.

Sold prices are the truth

Before you offer, pull the last six months of comparable sales in the suburb. Not listings. Sales. If an agent quotes "interest around" a figure, comparable sales are how you test it.

Days on market is leverage

A home sitting for 60 days has a story, and usually a more flexible seller. A home listed on Tuesday with a full first home open does not. Ask how long it's been listed and whether the price has changed. Both are fair questions and both must be answered honestly.

The valuation can save you from yourself

If you overpay in a heated moment, the bank's valuation often catches it, and your finance clause becomes your safety net. One more reason never to waive it lightly.

Use your final inspection properly

Turn on every tap, every light, the oven, the air con and the hot water. Flush the toilets. Open the garage door. Working order at settlement is a standard condition, and settlement day is too late to discover the ducted system died in spring.

Everything is negotiable until you sign

Price, settlement date, deposit, what stays, what gets repaired, when you get access for measuring. Negotiate it all up front and put it in writing. After signatures, goodwill is optional.

Chapter 07

Questions that sort good agents from bad

Most agents in WA do the right thing. A few don't. These questions are how you tell the difference, because a good agent answers them directly and a poor one squirms.

Ask about the property

  • Are you aware of any defects, past repairs, or insurance claims on this property?
  • Were the renovations and any additions council approved?
  • Is there anything on the title I should know about? Easements, encumbrances, shared drains?
  • Why is the owner selling, and what timeframe suits them?
  • Exactly what is included in the sale, and what isn't?
  • Has the seller had a building inspection done already? Can I see it?

Ask about the campaign

  • How long has it been on the market, and has the price changed?
  • What comparable sales did you use to set the price?
  • Have there been offers? Were any accepted and fallen over? Why?
  • Are you expecting a multiple offer situation, and how will you run it?
  • Will you present every offer I make to the seller? (They must.)
What I tell my buyers

Watch how the question lands, not just the answer. "I'll find out and email you today" is a great answer. "Don't worry about that" is not. An agent who dodges a direct question about material facts is telling you something important, and it's not about the house.

Chapter 08

The jargon, translated

Real estate loves its own language. Here's what it all means in plain English.

Offer & Acceptance (O&A)
The standard WA contract. Your written offer becomes the binding contract the moment the seller signs it.
Joint Form of General Conditions
The standard fine print attached to every O&A, published by REIWA and the Law Society of WA. It governs how the contract operates.
Chattel
A loose item not fixed to the property. Furniture, pot plants, the freestanding fridge. Chattels leave with the seller unless the contract says otherwise.
Fixture
Anything attached to the property. Ovens, taps, built-in robes, the dishwasher that's plumbed in. Fixtures stay. When in doubt, name the item in the contract.
Strata
Ownership of a lot within a shared scheme, like units, villas and townhouses. You own your lot and share the common property, with levies and by-laws attached. Strata sales carry compulsory disclosure in WA. Read the strata records before you offer, not after.
Conditional / Unconditional
Conditional means clauses like finance are still outstanding. Unconditional means every condition is satisfied and the sale is locked in.
Subject to sale
An offer that depends on the buyer selling their current home first, usually paired with a 48-hour clause.
48-hour clause
If a seller holding a subject to sale offer receives another acceptable offer, the first buyer gets 48 hours to go unconditional or withdraw.
Material fact
Information that could affect a reasonable buyer's decision. Agents must disclose material facts they know about.
Encumbrance
Any registered interest or restriction on the title, such as a mortgage, easement or caveat.
Easement
A right for someone else to use part of the land, commonly for drainage, sewerage or access. It's on the title and it doesn't move when you buy.
Transfer duty
The state tax on property purchases, still commonly called stamp duty. First home buyers get significant concessions in WA. Check current thresholds with RevenueWA.
Settlement agent
A licensed conveyancer who handles the legal transfer, the title checks, the adjustments and the Landgate lodgement.
Landgate
WA's land titles authority, where ownership is officially registered.
VOI
Verification of Identity. The formal ID check with original documents before the property transfers into your name.
LMI
Lenders Mortgage Insurance, usually charged when your deposit is under 20%. It protects the bank, not you.
Vendor
The seller. Same person, fancier word.
Private treaty
The normal WA sale method: a listed price or price guide, with offers negotiated privately. As opposed to auction.
Multiple offer situation
Several buyers offering at once. Each is usually invited to put forward their best and final offer without seeing the others.
Caveat emptor
Latin for buyer beware. The starting legal position in WA, and the reason this guide exists.
Chapter 09

Common questions

Is WA really buyer beware?
Yes. There's no mandatory seller disclosure statement for general sales in WA, so the duty to investigate sits with you. Agents must disclose material facts they know about, consumer law prohibits misleading conduct, and strata sales have their own disclosure rules, but nobody is required to hand you a complete picture. Your questions and inspections fill the gap.
Is there a cooling-off period?
No. Once both parties sign the O&A the contract is binding. Your conditions are your only exits, which is why they belong in the contract before you sign.
What happens if my finance is declined?
If your contract is subject to finance and you've made a genuine effort to obtain the loan, you can withdraw before the finance date and your deposit comes back. Genuine decline only. It doesn't cover a change of heart.
Can I make a subject to sale offer in a busy market?
You can, and sellers do accept them, almost always with a 48-hour clause attached. Strengthen your position by having your own home already listed or under offer, keeping the rest of your terms clean, and being ready to act fast if the 48 hours gets triggered.
Who pays the agent?
The seller. Buyers pay the agent nothing. Which is exactly why you should remember whose interests the agent is paid to serve.
Do first home buyer concessions still apply?
Yes, and WA's are generous. Eligible first home buyers pay no transfer duty up to a value threshold, with concessions above it, plus a $10,000 First Home Owner Grant for new builds. There are also low deposit pathways through the First Home Guarantee and Keystart. Thresholds and grant amounts change, so confirm the current figures with RevenueWA before budgeting.
Should I get a building inspection on a new-looking home?
Yes. Fresh finishes tell you about the last six weeks, not the last thirty years. Some of the worst reports I've seen came from homes that presented beautifully.
Can I buy in South West WA if I'm based in Perth?
Absolutely — and many buyers do. I work with Perth-based buyers regularly. I can do video walkthroughs, answer questions on the road, and give you an honest picture of each suburb and property so you can make informed decisions without making the drive every weekend.
A last word

An educated buyer is my favourite kind.

Nothing in this guide is designed to make you cynical. Most agents are honest, most sellers are fair, and most transactions go smoothly. But you'll do better in every one of them when you understand the rules of the game before you play it.

If you're buying anywhere in South West WA and something here raised a question, I'm happy to answer it. No obligation, no pressure, and no jargon.

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