Expert Conveyancing Services. Peace of Mind.

You need a conveyancer when buying or selling property because they manage the legal transfer of ownership and ensure everything is done correctly and lawfully. 

In Western Australia, the terms “settlement agent” and “conveyancer” are often used interchangeably, but there are some distinctions worth noting: 

🔹 Settlement Agent (WA-specific term): 

• In WA, a “settlement agent” is the formal term used for a licensed professional who handles the transfer of property ownership from seller to buyer. 

• They are licensed under the Settlement Agents Act 1981 (WA). 

• A settlement agent must hold a valid license issued by the Department of Mines, Industry Regulation and Safety (DMIRS). 

• They can operate independently or as part of a business that provides settlement services. 

🔹 Conveyancer (Broader/Australia-wide term): 

• “Conveyancer” is a more general term used across Australia for someone who facilitates property transactions. 

• In WA, the term “conveyancer” is sometimes used informally to refer to settlement agents, but the official/legal term remains “settlement agent.” 

🔹 Solicitor vs. Settlement Agent: 

• Only lawyers (solicitors) can provide legal advice related to complex property issues. 

• Settlement agents cannot give legal advice unless they are also qualified solicitors. 

Providing identification when buying or selling a property is a legal requirement and serves several important purposes: 

1. Legal Ownership and Title Verification: Your ID helps verify that you are legally entitled to sell a property or are eligible to buy one. It ensures that the names on legal documents match registered ownership or buyer information.
2. Anti-Money Laundering (AML) Regulations: Governments require property professionals (such as real estate agents, lawyers, and notaries) to verify your identity to prevent money laundering and the financing of terrorism. Real estate is a common method used by criminals to launder illicit funds.
3. Fraud Prevention: Requiring ID helps prevent fraud, such as someone trying to sell a property they don’t own or using a false identity to purchase one. 
4. Mortgage and Financial Records: If you’re using a mortgage, lenders will also need proof of identity to process the loan, run credit checks, and comply with financial regulations.
5. Real Estate agents also need to do an ID check under their license.

In short, it protects you, the other parties involved, and the integrity of the property market as a whole.

Blaze Conveyancing conducts all identification through ScanTek. Information about Scantek can be found at the following link: https://scantek.com/who-is-scantek/  

An ATO Clearance Certificate is a document issued by the Australian Taxation Office (ATO) that confirms an individual or entity is not a foreign resident for Australian tax purposes. Here’s why it’s important in the context of selling a property in Australia: 

• It is only issued to Australian residents (not foreign residents). 

Under the Foreign Resident Capital Gains Withholding (FRCGW) regime, buyers of Australian property must withhold 15% of the purchase price and pay it to the ATO unless the seller provides a valid ATO Clearance Certificate. 

So: 

• If you’re an Australian resident and don’t provide the certificate, the buyer is legally required to withhold 15% of the sale price and send it to the ATO. 

• If you provide the certificate, the buyer doesn’t have to withhold anything. 

When selling a residential property in Western Australia, it’s essential to comply with specific regulations concerning Residual Current Devices (RCDs) and smoke alarms to ensure the safety of occupants and avoid potential penalties. 

Residual Current Devices (RCDs) 

Legal Requirements: 

• Minimum Installation: At least two RCDs must be installed to protect all power and lighting circuits before the property’s title is transferred.  

• Installation Location: RCDs should be fitted at the main switchboard by a licensed electrician.  

• Exemptions: If the buyer intends to demolish the property within six months of settlement, an exemption may apply. In such cases, the buyer must provide a formal notice of intended demolition to the seller before settlement.  

Penalties for Non-Compliance: 

• Individuals: Up to $15,000 

• Corporations: Up to $100,000  

Smoke Alarms 

Legal Requirements: 

• Installation: All residential properties must have mains-powered smoke alarms installed before sale.  

• Standards Compliance: Smoke alarms must comply with the Australian Standard AS 3786:2014.  

• Condition: Alarms must be in working order and less than 10 years old.  

• Exemptions: Similar to RCDs, if the buyer plans to demolish the property within six months, an exemption may apply, provided formal notice is given before settlement.  

Penalties for Non-Compliance: 

• Infringement Notice: $750 

• Maximum Fine: Up to $5,000  

Title insurance is a type of protection you buy when you purchase real estate—like a home or commercial property—to safeguard against potential legal issues with the ownership (or “title”) of the property. Unlike other types of insurance that protect against future risks, title insurance protects against problems that may have occurred in the past but could affect your rights to the property in the future. 

What kinds of issues can title insurance protect you from? 

• Errors in public records (e.g., a typo in a deed) 

• Unknown liens from previous owners (like unpaid taxes or contractor bills) 

• Fraud or forgery (someone falsely claiming to own the property) 

• Missing heirs who later claim ownership 

• Boundary or survey disputes 

Why should you get it? 

• Peace of mind: It ensures that you’re the rightful owner and no one else can make a legal claim to your property. 

• Financial protection: If a covered issue arises, the title insurance company will help cover legal fees and financial losses. 

One-time cost: You pay for title insurance only once—at closing—not monthly like homeowners or auto insurance. 

In short, it’s a safety net to protect one of the biggest investments you’ll ever make.