Contract Review Guide for Western Australia Buyers
Western Australia uses the ‘Contract for Sale of Land by Offer and Acceptance’ (the O&A), prepared by REIWA and the Law Society of WA. The O&A consists of an offer page, the General Conditions adopted by reference, the Joint Form of General Conditions for the Sale of Land, and any annexures or special conditions. This guide outlines issues to discuss with a WA settlement agent or property lawyer before signing.
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Documents to check in WA
These are the documents commonly relevant to a Western Australia property contract. What is supplied varies by transaction.
Contract for Sale by Offer and Acceptance
REIWA / Law Society of WA standard form including the offer and acceptance pages.
Joint Form of General Conditions
Adopted general conditions covering deposit, finance, default, and settlement.
Special conditions and annexures
Including subject-to-finance, building inspection, and any vendor-specific clauses.
Title search and survey
Easements, restrictive covenants, mortgages, encumbrances on the title.
Strata documents
Where applicable, strata plan, by-laws, levies, and Form 28/29 disclosures.
Settlement adjustments and rates statements
Council rates, water rates, strata levies and land tax adjustments.
Issues to check in WA contracts
Common points to raise with a qualified Western Australia solicitor or conveyancer before you commit.
Finance clause
The standard Joint Form has a subject-to-finance clause, but it may be modified. Check the date, lender, amount and effect of any non-standard wording with your adviser.
Building and timber pest inspection
Inspection conditions vary. Confirm the deadline, required report standard and any contractual termination right before signing.
Strata Form 28/29 disclosures
For strata properties, check which statutory disclosure applies and whether the required records are attached. Review levies, by-laws and recent strata company resolutions with a WA adviser.
Special conditions
Special conditions on a WA O&A vary widely. Read deposit release terms, finance requirements, electronic settlement provisions and chattels wording with your adviser.
Easements and restrictive covenants
Covenants and easements on the title may affect building lines, fencing, renovation or development plans. Obtain advice on their legal effect for the property.
Cooling-off in WA
WA does not have a statutory cooling-off period for residential property purchases. Once the seller accepts the offer, the contract is binding, so arrange professional review before signing the offer page.
Relevant legislation
Sale of Land Act 1970 (WA), Settlement Agents Act 1981 (WA), Strata Titles Act 1985 (WA), Real Estate and Business Agents Act 1978 (WA).
Illustrative issues in WA contracts
Examples of points a buyer and their adviser may need to examine. They are illustrations, not findings from a particular contract.
- Finance date 14 days from acceptance with non-standard ‘sole discretion’ wording
- Building inspection condition limited to a single named building inspector
- Form 28 strata disclosure missing levy notices for the past 12 months
- Restrictive covenant prohibiting fence height changes not mentioned in marketing
- Special condition releasing deposit to vendor on acceptance
- Settlement window of 21 days where the buyer’s lender requires 30+
- Strata company recently resolved a $12,000 special levy not reflected in the disclosure
WA contract review FAQ
No. Western Australia does not have a statutory cooling-off period for residential property. The contract is binding from acceptance. We strongly recommend reviewing the contract before signing the offer page and before paying the deposit.
The Joint Form of General Conditions for the Sale of Land is the standard set of general conditions adopted by reference into most WA Offer and Acceptance contracts. It covers deposit handling, finance, default, settlement, and the buyer’s and seller’s general rights and obligations. Read it together with any modifications in the special conditions.
Realestate Lens is pre-launch. Its planned first-pass report is intended to organise information visible in attached WA strata disclosures, such as levies, by-laws and resolutions. A WA practitioner should confirm which disclosure is required and whether it is complete.
The planned first pass is intended to identify stated encumbrances in a supplied title search, but an AI result cannot establish their full legal effect. Ask a WA property lawyer or settlement agent how a covenant may affect your plans.
Reviewing a contract in another state?
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Buying guides relevant to WA
Plain-English guides written for Australian property buyers.
References
- Buying property by private sale – Consumer Protection Western Australia
Not legal advice
Realestate Lens is developing a first-pass risk report intended to help you ask better questions of a Western Australia solicitor or conveyancer. It is not yet publicly available. Always have your contract reviewed by a qualified practitioner before exchange. See how we handle your contract and AI vs solicitor, what each is for.
Prepare to review your WA contract before you sign
Realestate Lens is in pre-launch. Join early access for product updates; have a qualified practitioner review any contract before you sign.