Buying or Selling Without a Settlement Agent: Tips for Private Property Sales in WA

In Western Australia, including Perth, buying or selling property without the help of a real estate agent has become more common. This is because both buyers and sellers have more control over negotiations, direct communication between parties, and the cost is lower than hiring a real estate agent.

While private sales can work well, they also come with more responsibility. Both buyers and sellers have to manage the deadlines, compliance requirements, contracts and the settlement coordination themselves. This can become stressful or even go wrong without the right support from a settlement agent.

Learn how private property sales work in Western Australia, the key steps for both buyers and sellers, common mistakes to avoid, and why working with experienced settlement agents in Perth is essential to ensuring a smooth and legally compliant settlement.

Why Private Property Sales?

For many, private sales are often chosen for a few reasons, such as:

Cost-effective, as sellers do not have to pay real estate agent commissions
Sellers have direct control over negotiations, pricing, and timelines
It is common in family transfers, private agreements, or known buyers
Decisions can sometimes be made faster without a third party involved

While these advantages are real, private sales also remove a layer of professional oversight. Buyers and sellers may face delays, compliance issues, or disputes especially during settlement without proper planning.

What Should Sellers Do in a Private Sale

Selling privately means you as a seller will take on responsibilities usually handled by an agent. Proper preparation is very important.

1. Ensure That You Use the Correct Contract (Offer & Acceptance)

In Western Australia, private property sales usually use the Offer and Acceptance (O&A) contract. This document outlines the agreed price, settlement date, deposit amount, and special conditions. Hence, it is important to check that:

All details given are accurate
Special conditions are clearly written
Dates and timeframes are realistic

Some incorrect details may lead to disputes or delays and may require the contract to be amended or reissued. In worst cases, a mistake can result in financial loss, settlement delays, or even legal action.

A settlement agent can prepare and review documentation to ensure everything is accurate, to avoid any issues in the future. However, they cannot provide legal advice. If you’re unsure about contract terms, a qualified property lawyer should be consulted before signing.

2. Ensure That Price Set is Fair And Realistic

Without an agent’s market appraisal, sellers need to rely on:

Recent comparable sales in the area
Online property data platforms
Independent property valuations (if needed)

Overpricing can lead to long delays, while under-pricing may result in financial loss.

3. Manage Enquiries and Viewings

As a seller in a private sale, you’ll need to:

Respond to buyer enquiries
Arrange and conduct viewings
Communicate openly and professionally

Clear communication helps avoid misunderstandings later, especially around inclusions, fixtures, and settlement expectations.

4. Meet Your Disclosure Obligations

Sellers in Western Australia must meet specific disclosure requirements, including strata information (if applicable) and known material issues. Missing or incorrect disclosures are a common cause of settlement delays.

What Should Buyers Do in a Private Sale

1. Conduct Thorough Due Diligence

To help identify issues that could impact the value, ownership, or future use of the property, buyers should arrange:

Building and pest inspections
Title searches and plan checks
Strata records (for strata properties)

2. Understand the Contract Terms

As a buyer, it is important for you to understand:

Settlement timeframes
Finance and inspection conditions
Penalty clauses for delays

If anything is unclear, seek independent legal advice before signing.

3. Engage a Settlement Agent Early

Even in a private sale, you still need a professional settlement agent in Perth to:

Coordinate settlement
Liaise with banks and the other party
Ensure compliance with Western Australia regulations
Prepare and lodge documents with Landgate

Engaging a settlement agent early is important, as they focus on completing the settlement process rather than negotiations or legal advice.

Why a Settlement Agent Is Important in Private Sales

A common misconception is that private sales don’t require professional support. In reality, settlement agents play an important role, especially when there’s no real estate agent involved. This is exactly what professional conveyancing in Perth is designed to support.

A qualified settlement agent will help you to:

Prepare and check settlement documentation
Coordinate with lenders, councils, and utility providers
Manage important dates and deadlines
Ensure funds are correctly transferred at settlement
Lodge transfer documents with Landgate

They act as the central coordinator, reducing risk and stress for both buyers and sellers.

For buyers and sellers unfamiliar with the process, working with experienced settlement agents in Perth provides peace of mind and helps prevent costly errors.

Common Mistakes to Avoid in Private Property Sales

Incorrect or Incomplete Paperwork

Errors in names, lot details, or contract terms can delay settlement or require costly corrections.

Missing Deadlines

Late finance approval, unsigned documents, or delayed responses can cause settlement to be pushed back or potentially triggering penalty interest.

Poor Communication

Without an agent, all communication falls on the buyer and seller. Misunderstandings about inclusions, timelines, or responsibilities are common.

Assuming Settlement Agents Provide Legal or Tax Advice

Settlement agents do not provide legal advice, tax guidance, or contract interpretation. For matters such as:

Capital Gains Tax
Family law or divorce-related transfers
Deceased estates or probate issues

Clients should seek advice from qualified lawyers or tax professionals. Once legal requirements are in place, settlement agents manage the settlement process itself.

Can Private Sales Still Be Smooth? Absolutely, with the Right Support

Private property sales in WA can be successful, cost-effective, and straightforward. But only when both buyers and sellers understand their responsibilities and engage the right professionals early.

A trusted settlement agent ensures:

Compliance with WA property laws
Accurate documentation
Timely, stress-free settlement

At Strategic Settlements, we specialise in supporting private property sales across Perth and Western Australia. Our team provides clear, transparent guidance from the beginning until the end as we understand the challenges of buying or selling properties without an agent.

Ready to Get Started?

If you’re planning a private property sale or already partway through one, remember, working with experienced settlement agents can make all the difference.

By partnering with a reliable settlement agent in Perth, you can move forward with confidence, knowing your property transaction is in safe, professional hands.