The buying process in Perth/WA

Hi all

I have never bought property in WA before (only bought in NSW and Qld), so I am just getting my head around the whole buying process as we have found a property we are interested in buying. My understanding thus far is that we need to make our offer in writing (on a standard form) and once accepted by the vendor we are contracturally bound. There is also no cooling off period. I was hoping some experienced purchaser's of WA property could help me with a few questions:

1. Is the Offer & Acceptance (O&A) form in place of a Contract of Sale that I would have used in other states? Does it include other docs like evidence of Title, sewer/water diagrams, site plan etc... like a Contract of Sale would?

2. Can I request a copy of the O&A form with any attachments to review prior to making our offer? Is this standard practice for a purchaser?

3. Would purchaser's ordinarily have a settlement agent review the O&A doc prior to signing, OR do I only engage a settlement agent's services after the offer has been accepted? I believe a settlement agent is similiar to using a converyancer in other states (?).

Finally I am trying to work out what special conditions would be necessary in WA to protect our interests and would be very grateful for any feedback or suggestions on how best to word these special conditions. So far I thought the offer should be subject to the following:

- a satisfactory pest inspection
- a satisfactory building inspection
- the ducted reverse cycle air conditioning being in working order (we would get it inspected)
- vacant possession on settlement (currently tenanted but they are supposedly wanting to move out before settlement)

I would also need to check that the 'subject to finance' clause on the standard O&A form protects our interests and wouldn't require any amendments.

Sorry for such a long post, but any feedback would be greatly appreciated. I have done related searches online, but if anyone has any helpful links or past SSF threads they want to direct me to that would also be great. Thanks!

Angela :)
 
Hi Angela

QLD contract process is the most similar ( vs nsw) but has some differences too.

I will let others detail, other things

Subject tos etc are very similar.

WA is a bit more forgiving at the sharp end of settlement, where the contracts in WA arent "time is of the essence" and in fact u can get 3 days grace to settle without significant penalty, where in QLD u can do your deposit and be sued for costs to complete blah blah blah

t
arolf
 
My understanding is


1. YES
2. You can, but when I've asked the agent I had no success.
3. Settlement agent after signing (?)


Some agents ask which lender you will be seeking finance from, but there is nothing making you specify this.

Work out a settlement date that you should be able to settle on once you find finance. My lasts 2 places settled late, no penalties
 
There's two parts..the Offer & Acceptance and The General Terms/Conditions

We seem to use Settlement Agents here in preference to Solicitors, though our last two in WA we used a Legal firm

Ref the below...satisfactory to whom?

- a satisfactory pest inspection
- a satisfactory building inspection
 
Ref the below...satisfactory to whom?

- a satisfactory pest inspection
- a satisfactory building inspection

Hi redwing

These inspections will need to be to the buyer's satisfaction. :)

I am yet to decide on the exact wording of the extra 'subject to' conditions, as ordinarily in NSW our conveyancer/solicitor would have viewed the Contract of Sale prior to us signing and would have recommended/inserted these extra conditions on our behalf to ensure they are enforceable and protect our interests.

If anyone has any draft conditions that cover the 'subject to' aspects referred to in my orignal post, and you would be willing to share them via post or PM that would be great.

Angela
 
Hi redwing

These inspections will need to be to the buyer's satisfaction. :)

I am yet to decide on the exact wording of the extra 'subject to' conditions, as ordinarily in NSW our conveyancer/solicitor would have viewed the Contract of Sale prior to us signing and would have recommended/inserted these extra conditions on our behalf to ensure they are enforceable and protect our interests.

If anyone has any draft conditions that cover the 'subject to' aspects referred to in my orignal post, and you would be willing to share them via post or PM that would be great.

Angela

From memory Ozperp had a link on the forum to some interesting conditions, the search function (google) will be beneficial also
 
Hi all

Thanks for the replies to my post. I had also started a related thread "Settlement Agent - Perth" when I started this thread. I must admit that they have overlapped somewhat in the end! For anyone who reads this thread in the future and wants some more information on the buying process in WA and in particular in regards to the contract docs, then you may also like to have a look at: http://somersoft.com/forums/showthread.php?t=77314

Thanks again for all the help.

Angela :)
 
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