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Buying by state

Buying a home in Western Australia

How the cooling-off period, the contract, auctions, the deposit and settlement work in Western Australia, with every rule linked to the government source it comes from.

Jurisdiction: Western Australia only. Each state sets its own rules for cooling-off, disclosure, auctions and deposits, so these rules do not carry over to a purchase in another state.Sources last verified: 22 Oct 2026By Delora editorial teamChange history

Key points

Cooling-off period

  • Western Australia has no automatic statutory cooling-off period for residential property purchases — once a contract (offer and acceptance) is signed, it is immediately binding, unless the buyer and seller have separately negotiated a cooling-off clause into the contract. Buyers typically rely on a subject-to-finance clause instead, which lets them exit the contract if loan approval is not granted. (Consumer Protection WA (Dept of Local Government, Industry Regulation and Safety), verified 7 Aug 2026)
  • Western Australia has no statutory cooling-off period for residential property purchases made via Offer and Acceptance. Once an offer is accepted and acceptance is communicated, the buyer is bound. Buyer protection instead comes from conditions written into the Offer and Acceptance contract itself (e.g. finance, building and pest inspection, clear title). (Consumer Protection WA (Government of Western Australia), verified 12 Aug 2026)

The contract and the seller's disclosure

  • Under the Strata Titles Act 1985 (WA), a seller of a WA strata-titled lot must give the buyer a Precontractual Disclosure Statement (Form 28) before the buyer signs a purchase contract, covering the strata company's levies and funds, recent meeting minutes and financial statements, insurance details, and any known defects or planned major works. (Landgate (WA land titles authority), verified 7 Aug 2026)
  • The Sale of Land Act 1970 (WA) regulates the sale of land under terms contracts in Western Australia, including restrictions on rescission and requirements to notify buyers of the condition of title. (Western Australian Government (State Law Publisher), verified 13 Aug 2026)

Delora's sources record Western Australia's disclosure rule for strata lots only; for a house on its own title, ask a settlement agent or lawyer what the seller must give you.

Buying at auction

Every auction rule in Western Australia, from registering to a passed-in property: buying at auction in Western Australia.

The deposit

  • In Western Australia, the Real Estate and Business Agents Act 1978 does not set a fixed statutory trigger (such as settlement, or a specific number of days after an unconditional contract) for releasing a deposit from an agent's trust account. Instead, section 68(4) provides that trust money may only be withdrawn for the purposes of the transaction, or as otherwise authorised by the person or persons lawfully entitled to the moneys -- meaning the actual release point is governed by the terms of the contract of sale itself (commonly a REIWA standard contract), not by a fixed rule in the Act. (Parliament of Western Australia (via AustLII consolidated text), verified 12 Aug 2026)

Settlement

  • In Western Australia, unless the buyer is a suitably qualified lawyer, Consumer Protection advises using a licensed settlement agent or a lawyer for settlement. At settlement the buyer pays the balance of the price, becomes the registered owner and takes possession unless other arrangements were made. Consumer Protection says the settlement period is usually 30 to 90 days; the date itself is set in the contract. (Consumer Protection WA (Dept of Local Government, Industry Regulation and Safety), verified 22 Oct 2026)
  • In Western Australia, duty transaction documents must be lodged within two months after the date that liability to duty arises. Penalty tax applies if documents aren't lodged within that period (though the Commissioner may waive it in certain circumstances). Most settlements are self-assessed and paid electronically by a conveyancer or solicitor via Online Duties at settlement itself; the general public can lodge online via the Online Services Portal, or get an immediate assessment at the public counter (paid immediately by cash or cheque). (Government of Western Australia (Department of Treasury and Finance), verified 12 Aug 2026)

Buying in another state

The same five steps work differently across the border. Compare them on buying a home by state, or go straight to Victoria, New South Wales, Queensland, South Australia.

Practical checklist

Before you sign in Western Australia

  • Read the seller's disclosure documents with your own conveyancer, settlement agent or lawyer
  • Check whether a cooling-off period applies to the way you are buying (private sale or auction)
  • Make sure any condition you rely on, such as finance or an inspection, is written into the contract
  • Confirm the deposit amount, when it is due and who will hold it
  • Put the settlement date, and every deadline before it, in your calendar

Questions for a professional

  • Does a cooling-off period apply to this contract, and when exactly does it end?
  • Which disclosure documents has the seller given me, and is anything missing?
  • What conditions are in this contract, and what happens if one is not met?
  • When is the deposit due, and when can it be released to the seller?

Official resources

Important limitations: This is general information about how buying works in Western Australia, not legal advice about any contract. The rules change; the date on each citation is when Delora last checked that source. A conveyancer, settlement agent or lawyer should confirm how they apply to your purchase.

Sources and methodology

Figures on this page are drawn from Delora's local knowledge graph, refreshed from these primary sources and checked for changes on a regular schedule. If a figure here looks out of date, the official source above is always the authority — please let us know.

Evidence record

Written by
Delora editorial team
Jurisdiction
Western Australia only. Each state sets its own rules for cooling-off, disclosure, auctions and deposits, so these rules do not carry over to a purchase in another state.
Content type
Guide (general information, not legal advice)
Last reviewed
2026-11-05
Sources
See "Sources and methodology" above for cited sources
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