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		<title>What Does an Extra $100 a Month Actually Do to Your Mortgage?</title>
		<link>https://nakedrealestate.com.au/extra-mortgage-repayments-calculator/</link>
		
		<dc:creator><![CDATA[Brendan Leahy]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 07:18:34 +0000</pubDate>
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					<description><![CDATA[<p>A friend sent me two courses promising to pay a home loan off faster. Here is the free version. By Brendan Leahy, Naked Real Estate A friend recently sent me links to a couple of courses that promised clever strategies for paying off a home loan faster. I had a look at both. I was &#8230; <a href="https://nakedrealestate.com.au/extra-mortgage-repayments-calculator/" class="more-link">Continue reading <span class="screen-reader-text">What Does an Extra $100 a Month Actually Do to Your Mortgage?</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a href="https://nakedrealestate.com.au/extra-mortgage-repayments-calculator/">What Does an Extra $100 a Month Actually Do to Your Mortgage?</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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									<h2>A friend sent me two courses promising to pay a home loan off faster. Here is the free version.</h2><p><a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener"><i><span style="font-weight: 400;">By Brendan Leahy, Naked Real Estate</span></i></a></p><p>A friend recently sent me links to a couple of courses that promised clever strategies for paying off a home loan faster. I had a look at both. I was not impressed.</p><p>Before anyone pays thousands of dollars for a strategy, I would suggest something far less exciting. <a href="https://nakedrealestate.com.au/cost-calculators/mortgage-repayments/" target="_blank" rel="noopener">Open a mortgage calculator</a>, put your own numbers in, and see what an extra $100 a month does.</p><p>I ran it while writing this, on our own calculator, using a $750,000 loan over 30 years and an illustrative interest rate of 6.25 per cent, broadly around current owner-occupier lending rates at the time of writing.</p><ul><li>An extra $100 a month saves $63,956 in interest and takes 1 year and 9 months off the loan.<br /><img data-dominant-color="e8ecd6" data-has-transparency="false" style="--dominant-color: #e8ecd6;" fetchpriority="high" decoding="async" class="aligncenter size-full wp-image-3246 not-transparent" src="https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-100-monthly-resized.jpg" alt="" width="2052" height="1000" srcset="https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-100-monthly-resized.jpg 2052w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-100-monthly-resized-300x146.jpg 300w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-100-monthly-resized-1024x499.jpg 1024w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-100-monthly-resized-768x374.jpg 768w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-100-monthly-resized-1536x749.jpg 1536w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-100-monthly-resized-2048x998.jpg 2048w" sizes="(max-width: 2052px) 100vw, 2052px" /><br /><br /></li><li>An extra $500 a month saves $242,998 and takes off 6 years and 10 months.<p><img data-dominant-color="e7ecd5" data-has-transparency="false" style="--dominant-color: #e7ecd5;" decoding="async" class="aligncenter size-full wp-image-3247 not-transparent" src="https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-500-monthly-resized.jpg" alt="" width="2052" height="1000" srcset="https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-500-monthly-resized.jpg 2052w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-500-monthly-resized-300x146.jpg 300w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-500-monthly-resized-1024x499.jpg 1024w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-500-monthly-resized-768x374.jpg 768w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-500-monthly-resized-1536x749.jpg 1536w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-500-monthly-resized-2048x998.jpg 2048w" sizes="(max-width: 2052px) 100vw, 2052px" /></p></li><li>An extra $1,000 a month saves $377,134 and takes off 10 years and 11 months.<p><img data-dominant-color="e8ecd8" data-has-transparency="false" style="--dominant-color: #e8ecd8;" decoding="async" class="aligncenter size-full wp-image-3248 not-transparent" src="https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-1000-monthly-resized.jpg" alt="" width="2052" height="1000" srcset="https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-1000-monthly-resized.jpg 2052w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-1000-monthly-resized-300x146.jpg 300w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-1000-monthly-resized-1024x499.jpg 1024w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-1000-monthly-resized-768x374.jpg 768w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-1000-monthly-resized-1536x749.jpg 1536w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/additional-1000-monthly-resized-2048x998.jpg 2048w" sizes="(max-width: 2052px) 100vw, 2052px" /></p></li><li>And a single $5,000 lump sum, paid at the start, saves $26,948 and takes off 6 months.<p><img data-dominant-color="e8ecd7" data-has-transparency="false" style="--dominant-color: #e8ecd7;" loading="lazy" decoding="async" class="aligncenter size-full wp-image-3249 not-transparent" src="https://nakedrealestate.com.au/wp-content/uploads/2026/08/5000-lump-sum-mortgage-payment-resized.jpg" alt="" width="2052" height="1000" srcset="https://nakedrealestate.com.au/wp-content/uploads/2026/08/5000-lump-sum-mortgage-payment-resized.jpg 2052w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/5000-lump-sum-mortgage-payment-resized-300x146.jpg 300w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/5000-lump-sum-mortgage-payment-resized-1024x499.jpg 1024w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/5000-lump-sum-mortgage-payment-resized-768x374.jpg 768w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/5000-lump-sum-mortgage-payment-resized-1536x749.jpg 1536w, https://nakedrealestate.com.au/wp-content/uploads/2026/08/5000-lump-sum-mortgage-payment-resized-2048x998.jpg 2048w" sizes="(max-width: 2052px) 100vw, 2052px" /></p></li></ul><p>No course. No strategy. No fee.</p><p><i><span style="font-weight: 400;">This article is general information only. It is not financial, tax or credit advice. Mortgage products, interest calculations, fees, redraw rules and offset arrangements differ between lenders. Speak with your lender, mortgage broker, accountant or a licensed financial adviser about your own circumstances. </span></i></p><p><a href="https://nakedrealestate.com.au/cost-calculators/mortgage-repayments/" target="_blank" rel="noopener"><span style="font-weight: 400;">Try our Mortgage Repayment Calculator </span></a></p><h2><span style="font-weight: 400;">The part nobody tells you: timing beats size </span></h2><p><span style="font-weight: 400;">Look closely at those four numbers, because the most useful thing in them is not the </span><span style="font-weight: 400;">biggest figure. </span></p><p><span style="font-weight: 400;">Work out what each one costs you, and what it takes off the interest. </span></p><p><span style="font-weight: 400;">The $100 a month adds up to roughly $33,900 of your own money over the life of that loan. It removes $63,956 of interest. </span></p><p><span style="font-weight: 400;">The $500 a month adds up to about $139,000. It removes $242,998. </span></p><p><span style="font-weight: 400;">The $1,000 a month adds up to about $229,000. It removes $377,134. The $5,000 lump sum costs you $5,000. It removes $26,948. </span></p><p><span style="font-weight: 400;">Put those side by side and the pattern is not really about size. The lump sum is a small fraction of what the monthly options cost, and it still takes a meaningful amount of interest off, because every dollar of it is working for the full thirty years. A dollar you pay in year twenty-two only gets to work for eight. </span></p><p><span style="font-weight: 400;">That is the actual principle, and it is worth more than any strategy anyone will sell you. It is not how much you pay. It is how early it lands. </span></p><p><span style="font-weight: 400;">Two things follow from that. </span></p><p><span style="font-weight: 400;">If a lump sum ever comes your way, putting it on early does disproportionate work. And if you can only manage a small amount each month, start now rather than waiting until you can afford a bigger one. Most families cannot magic up $1,000 a month, and the way this </span></p><p><span style="font-weight: 400;">topic usually gets discussed makes them feel there is no point starting at all. There is very much a point. </span></p><p><span style="font-weight: 400;">One caveat on the lump sum figure. That $5,000 is modelled as landing at the start of the loan. The same $5,000 ten years in saves considerably less, for exactly the reason above. </span></p><h2><span style="font-weight: 400;">Why it works </span></h2><p><span style="font-weight: 400;">A principal and interest home loan has two parts. Some of your repayment reduces what you borrowed. The rest is interest charged on what you still owe. </span></p><p><span style="font-weight: 400;">In the early years of a long loan, a large share of each repayment goes to interest. Reduce the principal sooner and there is simply less balance left for future interest to be calculated on. </span></p><p><span style="font-weight: 400;">ASIC’s Moneysmart makes the same point: extra repayments can help pay a mortgage off sooner and reduce total interest, particularly when made earlier in the life of the loan. </span></p><p><span style="font-weight: 400;">I describe it in plain English as compounding in reverse. That is not the technical term, but it is the right idea. Compounding is what makes banks money. Extra repayments turn a little of </span><span style="font-weight: 400;">it back the other way. </span></p><h2><span style="font-weight: 400;">What we did when we bought our first home </span></h2><p><span style="font-weight: 400;">When I bought my first home, we had no strategy at all. We were just determined to get ahead where we could. </span></p><p><span style="font-weight: 400;">We would do the weekly shopping, and on the way out we would pass the bank. If there was $5 or $10 or $50 left in the wallet, we would walk in and put it on the loan. </span></p><p><span style="font-weight: 400;">It did not feel like much. Some weeks it was a few dollars. </span></p><p><span style="font-weight: 400;">But the logic was simple. If that money came off the principal today, I was not paying interest on it for the next twenty or thirty years. </span></p><p><span style="font-weight: 400;">One small payment changes nothing. A lot of small payments, made consistently over many years, change quite a lot. </span></p><h2><span style="font-weight: 400;">You do not have to stop living </span></h2><p><span style="font-weight: 400;">This is where mortgage advice gets ridiculous. Someone tells a family to cancel everything they enjoy and live on baked beans until the loan is gone. </span></p><p><span style="font-weight: 400;">That is not what I am suggesting. Life still has to be lived. </span></p><p><span style="font-weight: 400;">But it is worth sitting down once or twice a year and looking honestly at where the money goes. Streaming services. App subscriptions. A gym membership nobody uses. Delivery fees. A storage plan signed up for years ago and forgotten. </span></p><p><span style="font-weight: 400;">Individually none of it looks dramatic. Together it sometimes adds up. </span></p><p><span style="font-weight: 400;">Maybe you find $50. Maybe $150. Maybe there is genuinely nothing spare, and that is a perfectly fine answer. </span></p><p><span style="font-weight: 400;">The point is to make the choice consciously. If an extra $100 this month gives your family more value than putting it on the mortgage, spend it and enjoy it. Just put the $100 into the calculator once so you know what you are choosing between. </span></p><h2><span style="font-weight: 400;">Lump sums count too </span></h2><p><span style="font-weight: 400;">Extra repayments do not have to be monthly. A tax refund, a bonus, a commission payment or money from selling something can go straight onto the principal and reduce the balance immediately. </span></p><p><span style="font-weight: 400;">Moneysmart specifically identifies bonuses and tax refunds as lump sums that can help </span><span style="font-weight: 400;">reduce a loan faster. </span></p><p><span style="font-weight: 400;">This is where the timing point really earns its keep. On the example loan, a single $5,000 tax refund put straight onto the principal early saves $26,948 in interest and six months off the term. That is one refund, put on once, taking nearly $27,000 of future interest off the loan. </span></p><p><span style="font-weight: 400;">Our calculator has a lump sum field and a lump sum year field, so you can see what the same amount does at different points in the loan. The difference is worth looking at. </span></p><h2><span style="font-weight: 400;">Offset, redraw and extra repayments are three different things </span></h2><p><span style="font-weight: 400;">These get used interchangeably and they are not the same. </span></p><p><span style="font-weight: 400;">An offset account is a transaction account linked to your loan. If you owe $500,000 and have $20,000 in a 100 per cent offset, interest is generally calculated as though you owed $480,000. The money stays accessible. </span></p><p><span style="font-weight: 400;">That flexibility is genuinely useful, but offsets are not automatically better. Some loans with offset facilities carry higher rates, package fees or account fees, and some offer only a partial offset rather than 100 per cent. The benefit has to be weighed against the cost of the product. </span></p><p><span style="font-weight: 400;">A redraw facility generally lets you take back extra repayments you have already made. The rules vary widely between lenders, and there can be limits, minimums, fees or delays. Moneysmart recommends checking your lender’s actual terms before relying on redraw for access to cash. </span></p><p><span style="font-weight: 400;">That distinction matters if your household also needs an emergency buffer. Paying every spare dollar into the loan is not always the right call if getting it back out is difficult. </span></p><p><span style="font-weight: 400;">Extra repayments simply reduce the principal. </span></p><p><span style="font-weight: 400;">The calculator lets you model an offset balance as well, so you can compare the two before you talk to a broker about which structure suits you. </span></p><h2><span style="font-weight: 400;">Fortnightly repayments </span></h2><p><span style="font-weight: 400;">One common approach is paying half the monthly amount every two weeks. Because there are 26 fortnights in a year, that can work out as the equivalent of 13 monthly repayments instead of 12, depending on how your lender structures it. </span></p><p><span style="font-weight: 400;">Moneysmart lists this as one way to get ahead, but how your particular lender calculates and applies repayments matters. Check before assuming. </span></p><p><span style="font-weight: 400;">Our calculator lets you switch between monthly, fortnightly and weekly.</span></p><h2><span style="font-weight: 400;">Before you buy an investment property because someone told you it is a tax strategy </span></h2><p><span style="font-weight: 400;">This is where I get most cautious about courses marketed online. </span></p><p><span style="font-weight: 400;">There is nothing wrong with owning an investment property. A well chosen one can be part of a sensible long term plan. </span></p><p><span style="font-weight: 400;">But buying a property mainly because of tax benefits is a different thing, and the rules have just changed significantly. </span></p><p><span style="font-weight: 400;">The reforms announced in the 12 May 2026 Federal Budget are now law, and the detail below reflects the position as at August 2026. From 1 July 2027, negative gearing on residential property is generally limited to new builds. Properties held at 7:30pm AEST on 12 May 2026 are exempt from the changes. For established residential property acquired after that time, losses will generally no longer be deductible against unrelated income such as wages, though they can be applied against residential property income and carried forward. </span></p><p><span style="font-weight: 400;">From 1 July 2027, the existing 50 per cent CGT discount is being replaced for many future gains with inflation-based cost base indexation, together with a minimum 30 per cent tax rate on relevant real capital gains. There are exceptions and transitional rules, including special treatment for new residential builds and the existing main residence exemption. The changes apply broadly across CGT assets, not only property. </span></p><p><span style="font-weight: 400;">Two things worth being very clear about. </span></p><p><span style="font-weight: 400;">Your own home is not affected by the CGT change. The main residence exemption is unchanged. If you are reading this as a homeowner rather than an investor, none of the above applies to the house you live in. </span></p><p><span style="font-weight: 400;">Capital growth and tax treatment are different things. Property values will do whatever the market does. What has changed is how gains and losses are taxed, not whether property can grow in value. Anyone telling you either that property is now worthless or that it is still a guaranteed tax play is overselling. </span></p><p><span style="font-weight: 400;">If somebody is recommending you take on hundreds of thousands of dollars of debt because of tax benefits, talk to a qualified accountant or financial adviser who knows your actual circumstances. Not someone selling a weekend course. </span></p><h2><span style="font-weight: 400;">The boring version usually wins </span></h2><p><span style="font-weight: 400;">There is something appealing about a clever strategy. It feels like a shortcut everyone else missed.</span></p><p><span style="font-weight: 400;">But on a home loan, the boring approach is genuinely powerful. Spend less than you earn where you reasonably can. Keep an emergency buffer. Pay on time. Put extra against the loan when it suits. <a href="https://nakedrealestate.com.au/do-i-need-an-appraisal-to-refinance-my-mortgage/" target="_blank" rel="noopener">Review your rate</a> regularly, because Moneysmart notes that even a slightly lower rate can save substantial money over a long term. Repeat. </span></p><p><span style="font-weight: 400;">Nobody could sell a seminar on that. It still works. </span></p><p><span style="font-weight: 400;">You cannot control the Reserve Bank, or your lender’s variable rate, or what property prices do next year. You can have some influence over how much you borrow, how much you repay, how often, how much sits in an offset, and whether you review your loan. Those decisions compound in your favour over a long period. </span></p><h2><span style="font-weight: 400;">Have a play with your own numbers </span></h2><p><span style="font-weight: 400;">The figures above are for one example loan. Yours will be different. </span></p><p><span style="font-weight: 400;">Put in your real balance, your rate and your remaining term. Then try $50, $100, $500. Try a lump sum. Try an offset balance. Switch to fortnightly. </span></p><p><span style="font-weight: 400;">Then look at the only two numbers that matter: interest saved, and time saved. </span></p><p><span style="font-weight: 400;">You might decide extra repayments are not realistic right now. That is a completely legitimate answer, and it is a better answer for having seen the numbers.</span></p><p><a href="https://nakedrealestate.com.au/cost-calculators/mortgage-repayments/" target="_blank" rel="noopener"><span style="font-weight: 400;">Try our Mortgage Repayment Calculator </span></a></p><h2><span style="font-weight: 400;">Frequently asked questions </span></h2><h3><span style="font-weight: 400;">Do extra repayments really reduce the interest on a mortgage? </span></h3><p><span style="font-weight: 400;">Yes. On a principal and interest loan, interest is charged on what you still owe, so reducing the principal sooner leaves less balance for future interest to be calculated on. The effect is larger the earlier in the loan the repayment is made. On the example loan, an extra $100 a month removes nearly $64,000 of interest. </span></p><h3><span style="font-weight: 400;">Is it better to make a lump sum early or spread extra repayments out? </span></h3><p><span style="font-weight: 400;">Timing matters more than size. A dollar paid early works for the whole remaining term, while a dollar paid near the end works only briefly. That is why a single lump sum paid early can take off a surprising amount, and why starting small now beats waiting until you can afford more. </span></p><h3><span style="font-weight: 400;">Is an offset account better than making extra repayments?</span></h3><p><span style="font-weight: 400;">It depends on the product. An offset reduces the interest calculated on your loan while keeping the money accessible, which is useful if you also need an emergency buffer. But some offset loans carry higher rates or fees, and some are only partial offsets, so the benefit has to be weighed against the cost. Get advice on your own situation. </span></p><h3><span style="font-weight: 400;">Do fortnightly repayments help pay off a home loan faster? </span></h3><p><span style="font-weight: 400;">They can. Paying half the monthly amount every fortnight can work out as 13 monthly repayments a year instead of 12, depending on how your lender applies it. Check how your particular lender calculates repayments before assuming. </span></p><h3><span style="font-weight: 400;">Does the change to capital gains tax affect my own home? </span></h3><p><span style="font-weight: 400;">No. The main residence exemption is not affected by the changes. The reforms are aimed at investment assets. If you are reading this as a homeowner rather than an investor, they do not apply to the house you live in. </span></p><h2><span style="font-weight: 400;">The bottom line </span></h2><p><span style="font-weight: 400;">You do not need a course to understand one of the simplest ways to reduce the cost of a mortgage. Reduce the principal sooner and there is less balance for interest to be charged on. </span></p><p><span style="font-weight: 400;">For some households that might be an extra $1,000 a month. For most it is closer to $100. Some months it will be nothing at all, and that is life. </span></p><p><span style="font-weight: 400;">But an extra $100 a month on that example loan is $63,956 that stays in your pocket instead of going to your lender, and nearly two years of your life back. One $5,000 refund put on early is nearly $27,000. </span></p><p><span style="font-weight: 400;">When we bought our first home, sometimes all we had left after the shopping was a few dollars. We put it on the loan anyway. It was not glamorous and nobody could sell a course around it. </span></p><p><span style="font-weight: 400;">Every dollar we paid off belonged to us instead of the bank. I would much rather see that money in your pocket. </span></p><p><strong>Truth. Strategy. Sold. </strong></p><p><span style="font-weight: 400;">About the author: <a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener">Brendan Leahy</a> has been selling homes throughout the Perth Hills and Foothills since 2002, with more than 1,500 personal sales.</span></p><p><i><span style="font-weight: 400;">This article provides general information only and does not constitute financial, tax, credit or </span></i><i><span style="font-weight: 400;">investment advice. Calculator results are estimates based on the information entered and the assumptions used. Interest rates, fees, loan features and repayment calculations vary between lenders and change over time. Before changing your loan, making an investment decision or relying on any tax treatment, speak with an appropriately qualified professional. </span></i></p>								</div>
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		<p>The post <a href="https://nakedrealestate.com.au/extra-mortgage-repayments-calculator/">What Does an Extra $100 a Month Actually Do to Your Mortgage?</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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		<title>Can a Buyer or Seller Back Out of a Property Contract in WA?</title>
		<link>https://nakedrealestate.com.au/can-buyer-seller-back-out-property-contract-wa/</link>
		
		<dc:creator><![CDATA[Brendan Leahy]]></dc:creator>
		<pubDate>Thu, 06 Aug 2026 09:30:38 +0000</pubDate>
				<category><![CDATA[Blog]]></category>
		<guid isPermaLink="false">https://nakedrealestate.com.au/?p=3155</guid>

					<description><![CDATA[<p>By Brendan Leahy, Naked Real Estate  You have signed the contract. Finance is sorted. Settlement is a few weeks away. Then something changes. A buyer decides the move no longer feels right. A seller has second thoughts about leaving the family home. A bank is running late. Here is the short version. Changing your mind &#8230; <a href="https://nakedrealestate.com.au/can-buyer-seller-back-out-property-contract-wa/" class="more-link">Continue reading <span class="screen-reader-text">Can a Buyer or Seller Back Out of a Property Contract in WA?</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a href="https://nakedrealestate.com.au/can-buyer-seller-back-out-property-contract-wa/">Can a Buyer or Seller Back Out of a Property Contract in WA?</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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									<p><i><span style="font-weight: 400;"><a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener">By Brendan Leahy, Naked Real Estate</a> </span></i></p><p><span style="font-weight: 400;">You have signed the contract. Finance is sorted. Settlement is a few weeks away. Then something changes. A buyer decides the move no longer feels right. A seller has second thoughts about leaving the family home. A bank is running late. </span></p><p><span style="font-weight: 400;">Here is the short version. Changing your mind is not, by itself, a legal reason to end a property contract in Western Australia. </span></p><p><span style="font-weight: 400;">Once an Offer and Acceptance has been signed and acceptance communicated, it is generally a binding contract. There is no automatic cooling-off period for an ordinary residential contract in WA unless the buyer and seller have specifically negotiated one into the contract themselves. If the contract contains a condition that has not been satisfied, that is a different conversation. But where the contract is unconditional, or every condition has been met, neither side can simply announce a change of heart and walk away without financial and legal consequences. </span></p><p><i><span style="font-weight: 400;">This article is general information only and is not legal advice. There are a lot of variables, and the special conditions written into your particular contract can change the outcome completely. </span></i></p><h2><span style="font-weight: 400;">What this guide covers </span></h2><ul><li><span style="font-weight: 400;"><a href="#read-this-first">Read this first: your special conditions matter more than this article</a> </span></li><li><span style="font-weight: 400;"><a href="#the-3-situations">The three situations, and why they are not the same </a></span></li><li><span style="font-weight: 400;"><a href="#situation-1">Situation one: settlement is delayed </a></span></li><li><span style="font-weight: 400;"><a href="#situation-2">Situation two: the finance clause</a> </span></li><li><span style="font-weight: 400;"><a href="#situation-3">Situation three: someone refuses to complete </a></span></li><li><span style="font-weight: 400;"><a href="#the-fight-over-the-deposit">The fight over the deposit, and how it is supposed to work </a></span></li><li><span style="font-weight: 400;"><a href="#can-both-sides-just-agree-to-cancel">Can both sides just agree to cancel? </a></span></li><li><span style="font-weight: 400;"><a href="#sometimes-settling-is-the-best-option">Sometimes settling and reselling is the least damaging option</a></span></li><li><span style="font-weight: 400;"><a href="#you-are-still-in-control">Before you sign, you are still in control</a> </span></li><li><span style="font-weight: 400;"><a href="#what-to-do-if-can-not-settle">What to do if you think you cannot settle</a> </span></li><li><span style="font-weight: 400;"><a href="#faq">Frequently asked questions </a></span></li></ul><h2 id="read-this-first"><span style="font-weight: 400;">Read this first: your special conditions matter more than this article </span></h2><p><span style="font-weight: 400;">Everything here is drawn from the standard forms used in Western Australia: the <a href="https://nakedrealestate.com.au/useful-forms/" target="_blank" rel="noopener">Offer and Acceptance</a>, and the <a href="https://nakedrealestate.com.au/useful-forms/" target="_blank" rel="noopener">Joint Form of General Conditions</a> that sits behind it. </span></p><p><span style="font-weight: 400;">But those General Conditions apply to your contract only so far as they are not varied by or inconsistent with the conditions and special conditions of your particular contract. Where there is a conflict, your contract wins. The standard conditions say this themselves: where a provision of the individual contract is inconsistent with them, the individual contract takes priority to the extent necessary to remove that inconsistency. </span></p><p><span style="font-weight: 400;">That is not a technicality. It is the single biggest reason two people can read the same article and get different answers. A special condition can extend a date, change a notice period, add an obligation, remove a right, or create a termination right that does not exist in the standard form at all. Annexures do the same. So use this guide to understand how the system works and what questions to ask. Do not use it to diagnose your own contract. Read your contract, and get your own legal advice on it. </span></p><h2 id="the-3-situations"><span style="font-weight: 400;">The three situations, and why they are not the same </span></h2><p><span style="font-weight: 400;">Almost every “can I get out of it” conversation is really one of three situations, and the rules are different for each. </span></p><p><span style="font-weight: 400;">One, a delay, where both parties still intend to complete. A slow bank, a mortgage discharge that has not come through, documents not returned. This is a money question, not a survival question. </span></p><p><span style="font-weight: 400;">Two, a finance condition that has not been resolved. The finance date has passed and no notice has been given either way. This works differently to everything else in the contract, and it catches more people out than anything else. </span></p><p><span style="font-weight: 400;">Three, a refusal to complete. One party has decided they are not going ahead. This is where default notices, termination, forfeiture and resale come in, and where the numbers stop being predictable. </span></p><p><span style="font-weight: 400;">The contract treats these three separately. So should you, and so should anyone advising</span></p><p><span style="font-weight: 400;">you. The rest of this guide summarises each, and links to a full article on each one. </span></p><h3 id="situation-1"><span style="font-weight: 400;">Situation one: settlement is delayed </span></h3><p><span style="font-weight: 400;">Settlement is due on the agreed date, and time is of the essence. If settlement is not completed within three business days after the settlement date for a reason not attributable to the seller, the buyer must pay the seller interest on the balance and any other money payable at settlement. If the delay is attributable to the seller, the seller allows the buyer compensation on the same basis. Those are deliberately different tests, so a buyer can end up paying interest for a delay that was nobody’s fault in particular, or caused by their own bank. </span></p><p><span style="font-weight: 400;">The prescribed rate under the 2022 General Conditions is 9 per cent per annum calculated daily, not 9 per cent per day. On a $1.15m balance that is about $284 a day, so a two-week delay is roughly $3,970. Importantly, where the sale still completes, that interest is generally the whole claim for the delay, not the start of a list, so a frustrated party usually cannot stack removalist and accommodation costs on top. </span></p><p><span style="font-weight: 400;">A delay is about money, not about the contract ending. Nothing in the delay provisions cancels the contract. </span></p><p><a href="https://nakedrealestate.com.au/what-happens-when-settlement-is-delayed-in-wa/" target="_blank" rel="noopener"><span style="font-weight: 400;">Read the full guide: What happens when settlement is delayed in WA </span></a><span style="font-weight: 400;">for the exact process, the “ready, willing and able” rule, how electronic settlement changes things, and the worked numbers. </span></p><h3 id="situation-2"><span style="font-weight: 400;">Situation two: the finance clause is an obligation, not a safety net </span></h3><p><span style="font-weight: 400;">A lot of buyers treat a finance condition as a way out. It is not. Under the current Offer and Acceptance, the buyer must apply for finance immediately after the contract date, use all best endeavours in good faith to obtain approval, and immediately tell the seller whether finance was approved or rejected. </span></p><p><span style="font-weight: 400;">Here is the trap. If the buyer does not apply as required, does not use best endeavours in good faith, or does not give notice once approval comes through, the contract does not end under the finance clause and the buyer cannot terminate under it either. The seller’s rights are not affected. A buyer who sits on their hands does not get released. They lose the protection of the clause and stay bound, while the seller keeps every right. And if neither an approval nor a non-approval notice has been given once the finance date passes, the contract stays in full force, and the seller can terminate in writing at any time while that continues.</span></p><p><a href="https://nakedrealestate.com.au/the-finance-clause-trap-that-catches-wa-buyers-out/" target="_blank" rel="noopener"><span style="font-weight: 400;">Read the full guide: The finance-clause trap that catches WA buyers out </span></a><span style="font-weight: 400;">for what counts as approval, why some conditional approvals are not “finance approval” under the contract, the seller’s right to check on your application, and what to do at each deadline. </span></p><h3 id="situation-3"><span style="font-weight: 400;">Situation three: someone refuses to complete </span></h3><p><span style="font-weight: 400;">A delay is one thing. A refusal is another, and it moves out of the interest provisions into default and termination, where the money stops being calculable. </span></p><p><span style="font-weight: 400;">Nothing happens automatically. A contract does not die on its own because someone misses a date. Neither party may terminate for the other’s default, and a seller may not forfeit a deposit or retake possession, unless a Default Notice has been given and the default not remedied within the time required, generally ten business days. The one exception is repudiation, where a party makes clear they do not intend to be bound. And a Default Notice only supports termination if it states that the contract may be terminated if the default is not remedied, a trap that catches sellers who draft their own. </span></p><p><span style="font-weight: 400;">After a valid termination, the seller’s rights sit alongside each other, not as alternatives: forfeit the deposit (only up to 10 per cent of the price), sue for damages, and resell. If the property is resold within twelve months, a liquidated-damages mechanism can require the original buyer to pay the shortfall. Walking away from a large contract can create a liability many times the size of the deposit. </span></p><p><a href="https://nakedrealestate.com.au/refusing-to-complete-wa-property/" target="_blank" rel="noopener"><span style="font-weight: 400;">Read the full guide: What happens when a buyer or seller refuses to complete in WA </span></a><span style="font-weight: 400;">for the default process, specific performance explained properly, the seller’s and buyer’s options, and the resale arithmetic worked through. </span></p><h2 id="the-fight-over-the-deposit"><span style="font-weight: 400;">The fight over the deposit, and how it is supposed to work </span></h2><p><span style="font-weight: 400;">When a contract falls over, the argument almost always lands on the deposit, and there is a specific process almost nobody knows exists. </span></p><p><span style="font-weight: 400;">The deposit is held by the deposit holder as a stakeholder. It is not the seller’s money and not the buyer’s until the position is resolved. If a party says the contract is terminated and they are entitled to the deposit, they serve notice on both the deposit holder and the other </span></p><p><span style="font-weight: 400;">party. The other party then has five business days to serve a notice disputing it. If no dispute notice arrives, the deposit holder pays the claimant after eight business days. If a dispute notice does arrive, the deposit holder can obtain legal advice, start interpleader proceedings, and deduct those legal costs from the deposit itself. That last part deserves emphasis: fighting over a deposit can shrink the deposit. </span></p><p><span style="font-weight: 400;">I had a matter where a buyer’s finance was declined and the deposit fell to be dealt with. The seller had been reading material online and instructed us not to release it. The deposit</span></p><p><span style="font-weight: 400;">was $10,000. It escalated, the buyer engaged a solicitor, I checked with my own solicitor to be sure we had not missed anything, and the seller’s position was wrong. Once the seller finally got proper advice, the deposit was released to the buyer and the seller paid about $8,500 towards the buyer’s legal costs. A dispute over releasing $10,000 ended with the buyer getting the $10,000 anyway and the seller roughly $8,500 worse off. The problem was not that the internet exists. It was using general or outdated information to override the current contract, and getting advice only after the cost had been incurred. </span></p><p><span style="font-weight: 400;">One more point. If a buyer does not pay the deposit at all, or pays by a cheque that is dishonoured, that sits outside the usual default process. The seller can give notice requiring payment within 48 hours, and if that is not met the buyer is in default and the seller may terminate. That is a much shorter runway than the ten-business-day default process. </span></p><h2 id="can-both-sides-just-agree-to-cancel"><span style="font-weight: 400;">Can both sides just agree to cancel? </span></h2><p><span style="font-weight: 400;">Yes, sometimes, and this is the exit people usually should be asking about and rarely do. A binding contract can be ended by properly documented mutual agreement. If a buyer’s circumstances have genuinely changed, they can ask, and the seller may agree to release them on terms, which might include the seller retaining all or part of the deposit, a contribution to costs, an agreed release date, and each party releasing the other from future claims. </span></p><p><span style="font-weight: 400;">Three things to understand. The seller is not obliged to agree to anything; a release is a negotiation, not a right. The agreement has to be recorded properly, which is legal work, and each party should get independent advice. And the agent’s role here is to communicate, not to draft. I can carry the message and be straight with both sides about the practical position. I should not be drafting a legal release or advising either side about giving up contractual rights. That is not me being unhelpful. It is me staying in my lane so the document you end up with actually holds. </span></p><h2 id="sometimes-settling-is-the-best-option"><span style="font-weight: 400;">Sometimes settling and reselling is the least damaging option </span></h2><p><span style="font-weight: 400;">This sounds counterintuitive. I have dealt with buyers who no longer wanted to proceed even though finance was approved and there was no right to terminate. In one case the change was driven by family circumstances. My advice was to get legal advice, complete the purchase, and put the home straight back on the market. The property resold quickly. They still carried costs, including the selling fee and the transfer duty already paid, but the resale covered a meaningful part of it, and it was finished in weeks. </span></p><p><span style="font-weight: 400;">Compare that to a refusal to settle: a default notice, a termination, a resale controlled entirely by the seller, a claim for the shortfall, and legal costs, over months, with an uncertain number at the end. Nobody wants to buy a house in order to sell it, but the least</span></p><p><span style="font-weight: 400;">expensive way out of a binding purchase is sometimes to honour it, take ownership, and move on quickly. The duty, tax, finance and legal consequences all need working through with your lawyer and financial adviser, but it is an option worth putting on the table early, because it is often the one nobody has thought of. </span></p><h2 id="you-are-still-in-control"><span style="font-weight: 400;">Before you sign, you are still in control </span></h2><p><span style="font-weight: 400;">There is an enormous difference between thinking about an offer and being bound by an accepted one. Before you sign you can take time, get advice, talk to your broker, investigate the property, adjust your conditions, or decide not to proceed at all. After the contract becomes binding, your choices narrow dramatically. </span></p><p><span style="font-weight: 400;">Under the current Offer and Acceptance, acceptance is sufficiently communicated when the accepting party, their representative or the agent gives verbal or written notification that the accepting party has signed. Until that happens, there is no contract, and a buyer can withdraw their offer. I have watched sellers learn this the hard way. I once presented a cash offer of $1.5m in a difficult market, a strong offer at the time. The sellers wanted to sleep on it, which was entirely their right. By eight the next morning the buyer had withdrawn, and the property took another eighteen months to sell for the same price. There was nothing improper about it. But until acceptance is communicated, there is no deal to honour. Taking the time you need to make a clear decision is sensible. Assuming the offer will still be there tomorrow is not. </span></p><h2 id="what-to-do-if-can-not-settle"><span style="font-weight: 400;">What to do if you think you cannot settle </span></h2><p><span style="font-weight: 400;">Act immediately. Do not wait for settlement day and do not go quiet. Almost every bad outcome I have seen was made worse by delay and silence. </span></p><p><span style="font-weight: 400;">If you are the buyer: contact your settlement agent today, contact your lender or broker, tell the agent what is happening, get independent legal advice, work out honestly whether this is a temporary problem or a refusal to complete because they are treated very differently, and ask your lawyer about the realistic options, including an extension, a mutual release, or settling and reselling. </span></p><p><span style="font-weight: 400;">If you are the seller: contact your settlement agent today, start or chase the mortgage discharge, tell your selling agent, get legal advice before refusing access, withholding documents, refusing to release a deposit or issuing any notice, do not assume you can keep the deposit or terminate without following the contract, and keep written records of every instruction and notice. </span></p><p><span style="font-weight: 400;">The earlier a problem is raised, the more options remain. That is the whole game.</span></p><h2><span style="font-weight: 400;">One carve-out worth knowing </span></h2><p><span style="font-weight: 400;">Everything above is written for an ordinary residential sale of a freehold property. If you are buying a strata lot, a proposed strata lot, or an off-the-plan property, there are separate rights to terminate that come from the strata legislation rather than the contract, and they sit alongside your contractual rights. The general picture here is still useful, but do not assume the answer is the same. Ask your settlement agent or lawyer specifically about the strata position. </span></p><h2 id="faq"><span style="font-weight: 400;">Frequently asked questions </span></h2><h3><span style="font-weight: 400;">Can a buyer change their mind after signing an Offer and Acceptance in WA? </span></h3><p><span style="font-weight: 400;">Not merely because they have changed their mind. There is no automatic cooling-off period for an ordinary residential contract in WA. A buyer may have a right to terminate under the finance clause, a special condition, an annexure or another legal right, but they should get advice before acting on any of them. </span></p><h3><span style="font-weight: 400;">Can a seller change their mind after accepting an offer? </span></h3><p><span style="font-weight: 400;">Generally not, where a binding contract has been formed and the buyer is complying with it. A seller who refuses to complete may face a claim for damages or an order compelling the sale to proceed. </span></p><h3><span style="font-weight: 400;">Does a WA contract end automatically if settlement is three business days late? </span></h3><p><span style="font-weight: 400;">No. The three-business-day period relates to interest and compensation, not to the contract ending. Termination generally requires the default-notice process, unless there has been repudiation or another specific right applies. </span></p><h3><span style="font-weight: 400;">Is the late-settlement rate 9 per cent per day? </span></h3><p><span style="font-weight: 400;">No. Under the 2022 General Conditions the prescribed rate is 9 per cent per annum, calculated daily. </span></p><h3><span style="font-weight: 400;">If the buyer defaults, does the seller automatically keep the deposit? </span></h3><p><span style="font-weight: 400;">No. The seller has to follow the contract, which generally means a valid default notice and a valid termination before the deposit can be forfeited. Repudiation is treated differently. </span></p><h3><span style="font-weight: 400;">Does the finance condition end the contract automatically when the date passes?</span></h3><p><span style="font-weight: 400;">No. If neither an approval nor a non-approval notice has been given, the contract remains in full force until the seller terminates in writing or the buyer gives a valid non-approval notice. The seller can terminate at any time while that situation continues. </span></p><h3><span style="font-weight: 400;">Can the buyer and seller agree to cancel? </span></h3><p><span style="font-weight: 400;">Yes. They can enter a written mutual release on agreed terms. Neither side is obliged to agree, and each should get advice before giving up contractual rights. </span></p><h3><span style="font-weight: 400;">Do the special conditions in my contract change any of this? </span></h3><p><span style="font-weight: 400;">They can, completely. The General Conditions apply only so far as they are not varied by or inconsistent with your contract’s own conditions and special conditions, and your contract takes priority where there is a conflict. Read your contract and get advice on it. </span></p><h2><span style="font-weight: 400;">The bottom line </span></h2><p><span style="font-weight: 400;">Western Australia’s Offer and Acceptance system is designed to create a clear, enforceable agreement, and that certainty is genuinely valuable. A buyer can plan their life around the home they have bought, and a seller can make decisions knowing the property is sold. But certainty cuts both ways, so neither side should sign casually. </span></p><p><span style="font-weight: 400;">Before you sign, ask your questions, take advice, and make sure your finance and settlement arrangements are realistic rather than hopeful. After acceptance has been communicated, changing your mind is not an exit strategy. And if a settlement problem appears, get independent legal advice straight away. In this area the cost of advice is almost always smaller than the cost of finding out late. </span></p><p><span style="font-weight: 400;">After more than 1,500 personal sales, my advice comes down to one line. If in doubt, do not sign until you understand the contract. Once you sign and it becomes binding, expect to honour it. </span></p><p><strong>Truth. Strategy. Sold. </strong></p><p>If you would like a free appraisal for your property, please enquire via the form on our &#8216;<a href="https://nakedrealestate.com.au/book-a-free-appraisal/">Book a Free Appraisal</a>&#8216; page.</p><p><span style="font-weight: 400;">About the author: <a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener">Brendan Leahy</a> has been selling homes throughout the Perth Hills and Foothills since 2002, with more than 1,500 personal sales. </span></p><p><i><span style="font-weight: 400;">This article provides general information only and is not legal advice. Every contract and every default is different, and the special conditions and annexures in your own contract can change the outcome entirely. If settlement may be delayed, if a party wants to withdraw, </span></i><i><span style="font-weight: 400;">or if a default notice is being considered, get advice from a property lawyer immediately.</span></i></p>								</div>
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      "text": "Not merely because they have changed their mind. There is no automatic cooling-off period for an ordinary residential contract in WA. A buyer may have a right to terminate under the finance clause, a special condition, an annexure or another legal right, but they should get advice before acting on any of them."
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		<p>The post <a href="https://nakedrealestate.com.au/can-buyer-seller-back-out-property-contract-wa/">Can a Buyer or Seller Back Out of a Property Contract in WA?</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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		<title>What Happens When Settlement Is Delayed in WA?</title>
		<link>https://nakedrealestate.com.au/what-happens-when-settlement-is-delayed-in-wa/</link>
		
		<dc:creator><![CDATA[Brendan Leahy]]></dc:creator>
		<pubDate>Thu, 06 Aug 2026 09:25:45 +0000</pubDate>
				<category><![CDATA[Blog]]></category>
		<guid isPermaLink="false">https://nakedrealestate.com.au/?p=3161</guid>

					<description><![CDATA[<p>By Brendan Leahy, Naked Real Estate  Most settlement delays are not dramas. A bank is slow, a mortgage discharge has not come through, documents have not been returned, or the electronic workspace is not ready. Both sides still intend to complete. This is a money question, not a survival question, and it is worth understanding &#8230; <a href="https://nakedrealestate.com.au/what-happens-when-settlement-is-delayed-in-wa/" class="more-link">Continue reading <span class="screen-reader-text">What Happens When Settlement Is Delayed in WA?</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a href="https://nakedrealestate.com.au/what-happens-when-settlement-is-delayed-in-wa/">What Happens When Settlement Is Delayed in WA?</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
]]></description>
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									<p><i><span style="font-weight: 400;"><a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener">By Brendan Leahy, Naked Real Estate</a> </span></i></p><p><span style="font-weight: 400;">Most settlement delays are not dramas. A bank is slow, a mortgage discharge has not come through, documents have not been returned, or the electronic workspace is not ready. Both sides still intend to complete. This is a money question, not a survival question, and it is worth understanding before you panic, because the rules are more specific, and less symmetrical, than most people assume. </span></p><p><span style="font-weight: 400;">This is one part of a bigger picture. For how delay fits alongside the finance clause and an outright refusal to complete, see the full guide, </span><a href="https://nakedrealestate.com.au/can-buyer-seller-back-out-property-contract-wa/" target="_blank" rel="noopener"><span style="font-weight: 400;">can a buyer or seller back out of a WA contract</span></a><span style="font-weight: 400;">. </span></p><p><i><span style="font-weight: 400;">General information only, not legal advice. Your special conditions can change the outcome, so read your contract and get advice on it. </span></i></p><h2><span style="font-weight: 400;">Time is of the essence, but the clock has a specific shape </span></h2><p><span style="font-weight: 400;">Settlement is due on the agreed date, and time is of the essence under the contract. But the interest mechanism does not bite the instant settlement is a day late. It activates only if settlement remains incomplete more than three business days after the settlement date. Termination is a separate process again, and a delay on its own does not cancel anything. </span></p><h2><span style="font-weight: 400;">The rule is not symmetrical, and buyers should know it </span></h2><p><span style="font-weight: 400;">Most people assume whoever caused the delay pays. That is not what the standard conditions say. </span></p><p><span style="font-weight: 400;">If settlement is not completed within three business days after the settlement date for any reason not attributable to the seller, the buyer must pay the seller interest on the balance of the purchase price and any other money payable at settlement. If the delay is attributable to the seller, the seller allows the buyer compensation on the same basis, as a deduction from the purchase price. </span></p><p><span style="font-weight: 400;">Those are different tests, deliberately. A buyer can end up paying interest for a delay that was nobody’s fault in particular, or that was caused by their own bank or settlement agent. The seller only pays where the delay is actually attributable to them. So if you are buying, that is a reason to stay on top of your lender and settlement agent, not to assume a delay</span></p><p><span style="font-weight: 400;">outside your control is a delay outside your wallet. </span></p><h2><span style="font-weight: 400;">The rate, and the panic it causes </span></h2><p><span style="font-weight: 400;">The prescribed rate under the 2022 General Conditions is 9 per cent per annum, calculated daily. It is not 9 per cent per day. I have seen that misunderstanding cause genuine panic. </span></p><p><span style="font-weight: 400;">Interest runs from and including the original settlement date, up to but excluding the day settlement actually occurs. So the three-business-day period is not a grace period that shifts the start date. Once the clause applies, the calculation reaches back to the settlement date. </span></p><h2><span style="font-weight: 400;">What it looks like in practice </span></h2><p><span style="font-weight: 400;">Take a sale at $1.2m with a $50,000 deposit already paid, so the balance is $1,150,000. At 9 per cent per annum, that is 1,150,000 x 9% divided by 365, about $284 a day. A fourteen day delay is therefore around $3,970. </span></p><p><span style="font-weight: 400;">That figure is illustrative. Interest is calculated on the balance plus any other money payable at settlement, so the real number depends on the adjustments, and your settlement agent works out the actual figure. </span></p><h2><span style="font-weight: 400;">The interest is the whole claim, not the start of one </span></h2><p><span style="font-weight: 400;">This is where a lot of online advice goes wrong. Where settlement ultimately proceeds under the ordinary delay provisions, the interest or compensation is generally the whole contractual claim arising from that delay, not the beginning of a list. The standard conditions say the parties intend it as the best estimate of the damages caused by the delay. </span></p><p><span style="font-weight: 400;">So where the sale still completes, you generally cannot stack removalist costs, temporary accommodation and inconvenience on top of the interest. The interest is the remedy. That cuts both ways: it caps what a frustrated party can chase, and it makes the delaying party’s exposure calculable rather than open-ended. The position can change if court proceedings are instituted, or if the situation has moved beyond an ordinary delay into a default, which is another reason to get advice once a delay stops looking like a delay. </span></p><h2><span style="font-weight: 400;">You cannot claim interest if you were not ready yourself </span></h2><p><span style="font-weight: 400;">The delay provisions do not reward a party who was not in a position to settle. A seller who was not ready, willing and able to complete on the settlement date is not entitled to interest until they are ready and have given the buyer notice of that fact. If that notice comes within </span><span style="font-weight: 400;">three business days of the settlement date, interest still runs from the settlement date. If it comes later, interest runs only from the day the notice was given. The same principle applies in reverse to a buyer claiming compensation for a seller delay. This is why settlement agents need to establish what actually caused a delay rather than assuming. </span></p><h2><span style="font-weight: 400;">There is a process for claiming it </span></h2><p><span style="font-weight: 400;">A party who wants interest paid at settlement must serve a notice on the other party no later than two business days before settlement, setting out the basis of the claim and the amount, which can include a daily figure. If the other party disputes it, the disputed amount is still paid at settlement and held by a representative. If the dispute has not been resolved or taken to court within twenty business days after settlement, the money goes to the party claiming it. The key point: a dispute about interest does not stop settlement. Both parties still have to complete. </span></p><h2><span style="font-weight: 400;">Electronic settlement changes the picture </span></h2><p><span style="font-weight: 400;">Most settlements now happen electronically, and the standard conditions deal with that separately. A party is not in default where they are prevented from complying because the other party or the other party’s bank has not done something in the workspace, or where settlement fails because a system at Landgate, the Office of State Revenue, the electronic network operator or the Reserve Bank is down. And while the workspace is locked for settlement, neither party can exercise a right to terminate. So before anyone starts talking about default, the first question is usually practical: what actually happened in the workspace, and whose obligation was outstanding. </span></p><h2><span style="font-weight: 400;">Delay is not termination </span></h2><p><span style="font-weight: 400;">The three-business-day rule is about money, not about the contract ending. Nothing in the delay provisions cancels the contract. If a delay hardens into a refusal to complete, that is a different situation with its own process, covered in </span><span style="font-weight: 400;">what happens when a buyer or seller refuses to complete</span><span style="font-weight: 400;">. And if your delay is really a finance problem, see </span><span style="font-weight: 400;">the <a href="https://nakedrealestate.com.au/finance-clause-wa-property/" target="_blank" rel="noopener">finance-clause trap</a></span><span style="font-weight: 400;">, because that runs by different rules again. </span></p><h2><span style="font-weight: 400;">Frequently asked questions </span></h2><h3><span style="font-weight: 400;">Does a WA contract end if settlement is a few days late? </span></h3><p><span style="font-weight: 400;">No. Time is of the essence, but a delay triggers interest or compensation once settlement is more than three business days late, not termination. Ending the contract requires the </span><span style="font-weight: 400;">separate default process, or repudiation. </span></p><h3><span style="font-weight: 400;">Who pays interest for a late settlement? </span></h3><p><span style="font-weight: 400;">The tests are not symmetrical. The buyer pays the seller interest for a delay not attributable to the seller, which can include the buyer’s own bank. The seller pays the buyer compensation only where the delay is attributable to the seller. </span></p><h3><span style="font-weight: 400;">How much is the interest? </span></h3><p><span style="font-weight: 400;">The prescribed rate under the 2022 General Conditions is 9 per cent per annum calculated daily, not per day. On a $1.15m balance that is roughly $284 a day. Your settlement agent calculates the actual figure on the real balance and adjustments. </span></p><h3><span style="font-weight: 400;">Can the other side also claim removalist or accommodation costs? </span></h3><p><span style="font-weight: 400;">Generally not, where the sale completes under the ordinary delay provisions. The interest is intended as the whole claim for the delay, not the start of a list. That can change if the matter moves into default or court proceedings. </span></p><h2><span style="font-weight: 400;">The bottom line </span></h2><p><span style="font-weight: 400;">A late settlement is usually a money question with a calculable answer, not the end of the contract. Know that the interest test favours the seller, that the rate is 9 per cent a year and not a day, and that a party who was not ready themselves cannot claim. Stay on top of your lender and settlement agent, return paperwork the moment it arrives, raise any problem early, and get advice as soon as a delay starts to look like something more than a delay. </span></p><p><strong>Truth. Strategy. Sold. </strong></p><p>If you would like a free appraisal for your property, please enquire via the form on our &#8216;<a href="https://nakedrealestate.com.au/book-a-free-appraisal/">Book a Free Appraisal</a>&#8216; page.</p><p><span style="font-weight: 400;">About the author: <a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener">Brendan Leahy</a> has been selling homes throughout the Perth Hills and Foothills since 2002, with more than 1,500 personal sales. </span></p><p><i><span style="font-weight: 400;">General information only, not legal advice. If settlement may be delayed, speak to your settlement agent and a property lawyer.</span></i></p>								</div>
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		<p>The post <a href="https://nakedrealestate.com.au/what-happens-when-settlement-is-delayed-in-wa/">What Happens When Settlement Is Delayed in WA?</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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		<title>The Finance Clause Trap That Catches WA Buyers Out</title>
		<link>https://nakedrealestate.com.au/finance-clause-wa-property/</link>
		
		<dc:creator><![CDATA[Brendan Leahy]]></dc:creator>
		<pubDate>Thu, 06 Aug 2026 09:20:04 +0000</pubDate>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://nakedrealestate.com.au/?p=3200</guid>

					<description><![CDATA[<p>By Brendan Leahy, Naked Real Estate  A lot of buyers treat a finance condition as a safety hatch. If the loan does not come together, they assume the contract quietly dies and they walk away. That is the single most expensive misunderstanding I see, because the finance clause is not a way out. It is &#8230; <a href="https://nakedrealestate.com.au/finance-clause-wa-property/" class="more-link">Continue reading <span class="screen-reader-text">The Finance Clause Trap That Catches WA Buyers Out</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a href="https://nakedrealestate.com.au/finance-clause-wa-property/">The Finance Clause Trap That Catches WA Buyers Out</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
]]></description>
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									<p><a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener"><i><span style="font-weight: 400;">By Brendan Leahy, Naked Real Estate </span></i></a></p><p><span style="font-weight: 400;">A lot of buyers treat a finance condition as a safety hatch. If the loan does not come together, they assume the contract quietly dies and they walk away. That is the single most expensive misunderstanding I see, because the finance clause is not a way out. It is a set of obligations you have to actually perform, and a buyer who does not perform them can end up bound to the contract with no protection at all. </span></p><p><span style="font-weight: 400;">This is one part of a bigger picture. For how the finance clause sits alongside delays and outright refusals, see the full guide, </span><a href="https://nakedrealestate.com.au/can-buyer-seller-back-out-property-contract-wa/" target="_blank" rel="noopener"><span style="font-weight: 400;">can a buyer or seller back out of a WA contract</span></a><span style="font-weight: 400;">. </span></p><p><i><span style="font-weight: 400;">General information only, not legal advice. Finance-clause wording is specific and can be varied by your contract, so read yours and get advice on it. </span></i></p><h2><span style="font-weight: 400;">Finance approval is an active obligation </span></h2><p><span style="font-weight: 400;">Under the current Offer and Acceptance, the buyer must apply for finance immediately after the contract date, and must use all best endeavours in good faith to obtain approval. The buyer must then immediately tell the seller or the seller’s agent whether finance has been approved or the application has been rejected. </span></p><p><span style="font-weight: 400;">Those words carry the weight: immediately, best endeavours, in good faith. They describe things you must do, not a right you can passively rely on. </span></p><h2><span style="font-weight: 400;">The trap most buyers never see </span></h2><p><span style="font-weight: 400;">Here is the part that surprises people, and it is the most important thing in this article. If the buyer does not apply for finance as required, does not use best endeavours in good faith, or does not give the seller notice once approval comes through, then the contract does not come to an end under the finance clause, and the buyer cannot terminate under it either. The seller’s rights are not affected at all. </span></p><p><span style="font-weight: 400;">Read that again. A buyer who sits on their hands does not get released. They lose the protection of the finance clause and stay bound to the contract, while the seller keeps every right they had.</span></p><p><span style="font-weight: 400;">Older versions of the finance clause worked differently, and a lot of outdated advice still circulates as a result. In my own experience, buyers who had a change of heart would sometimes simply let the finance date pass and treat the contract as dead. Whatever someone remembers from an earlier transaction, the current clause has to be followed as it is actually written. </span></p><h2><span style="font-weight: 400;">What actually happens at the latest time </span></h2><p><span style="font-weight: 400;">There are three possible positions once the latest time for finance arrives. </span></p><p><span style="font-weight: 400;">The application has been rejected, or a non-approval notice has been given, on or before the latest time. The contract comes to an end under the finance clause without further action by either party. </span></p><p><span style="font-weight: 400;">An approval notice has been given, or approval obtained. The finance condition is satisfied and the contract is in full force. </span></p><p><span style="font-weight: 400;">Neither notice has been given. This is the dangerous one. The contract stays in full force and effect. It does not lapse. While neither notice has been provided after the latest time, the seller may terminate by written notice, and that right remains until an approval notice or a valid non-approval notice is given. So a buyer still chasing their lender, who has not given notice either way, is in a contract the seller can end at any moment, and may still be liable if they never properly applied. </span></p><h2><span style="font-weight: 400;">Finance termination does not use the default-notice process </span></h2><p><span style="font-weight: 400;">This distinction catches out sellers and buyers alike, and it runs opposite to the rest of the contract. Where a party terminates under the finance clause, the default and remedy provisions do not apply. There is no default notice and no ten-business-day remedy period. Termination is by written notice, the deposit and any other money paid by the buyer must be repaid, and neither party has a claim against the other, except where the buyer has breached their finance obligations. That exception is the seller’s protection: a buyer who never genuinely applied does not get a clean walk-away. </span></p><h2><span style="font-weight: 400;">Some conditional approvals are not “finance approval” </span></h2><p><span style="font-weight: 400;">When a buyer says they have approval, ask what kind. The form treats an approval as approval where it is subject only to a lender’s usual terms, or to conditions the buyer has already accepted in writing. Where approval is subject to something else, an acceptable valuation, a particular loan-to-value ratio, the sale of another property, or the buyer obtaining mortgage insurance, it counts as approval only once that condition has in fact been satisfied. A conditional approval sitting in an inbox is not automatically finance</span></p><p><span style="font-weight: 400;">approval under the contract. If it remains subject to an acceptable valuation, that condition ordinarily needs to be met before it meets the contractual definition. </span></p><h2><span style="font-weight: 400;">The seller can check on you </span></h2><p><span style="font-weight: 400;">The seller or the seller’s agent can ask the buyer in writing for progress on the application, and for written evidence of the application, any loan offer, any rejection, and any preliminary assessment from a broker. If the buyer does not respond within two business days, the buyer is taken to have authorised the seller or agent to obtain that information directly from the lender or broker. This is not the agent being difficult. It is a contractual right, and it exists because sellers were being left in the dark. </span></p><h2><span style="font-weight: 400;">Practical points that save buyers </span></h2><p><span style="font-weight: 400;">If no date for finance is written into the contract, the latest time defaults to 4pm on the fifteenth business day after the contract date. Do not assume you have longer than you do. </span></p><p><span style="font-weight: 400;">A buyer can waive the finance clause in writing before the latest time, in which case the condition is treated as satisfied. That is a decision to take with advice, not on a hunch, because it removes your exit. </span></p><p><span style="font-weight: 400;">And practically: get your payslips, bank statements, identification, tax returns and details of existing debts to your broker before you sign, not after. The clock starts at the contract date, and applying immediately and using best endeavours in good faith are things you have to actually do. </span></p><h2><span style="font-weight: 400;">Frequently asked questions </span></h2><h3><span style="font-weight: 400;">Is “subject to finance” a guaranteed way out of a WA contract? </span></h3><p><span style="font-weight: 400;">No. It is a set of obligations. You must apply immediately, use best endeavours in good faith, and give notice of approval or rejection. Fail to do those and you lose the protection of the clause while staying bound. </span></p><h3><span style="font-weight: 400;">What happens if the finance date passes and no one gives notice? </span></h3><p><span style="font-weight: 400;">The contract stays in full force. It does not lapse. The seller can terminate in writing at any time until an approval or a valid non-approval notice is given, and the buyer may still be liable if they never properly applied. </span></p><h3><span style="font-weight: 400;">Is a conditional pre-approval the same as finance approval?</span></h3><p><span style="font-weight: 400;">Not necessarily. If approval is still subject to something like an acceptable valuation, the sale of another property, or mortgage insurance, it generally counts as approval under the contract only once that condition has actually been satisfied. </span></p><h3><span style="font-weight: 400;">What if I decide I do not want the property, can I just let finance lapse? </span></h3><p><span style="font-weight: 400;">No. Letting the date pass without giving notice does not release you and can leave the seller able to terminate on their terms. If you want out, get legal advice about your actual options rather than relying on the finance clause to fail for you. </span></p><h2><span style="font-weight: 400;">The bottom line </span></h2><p><span style="font-weight: 400;">Treat the finance clause as a job, not a safety net. Apply at once, chase your lender, give notice the moment you know either way, and check whether any approval is truly unconditional under the contract. A buyer who does all of that is protected exactly as the clause intends. A buyer who sits back is the one who gets caught. If your real problem is that you no longer want the property, do not rely on finance quietly failing. That is covered in the full guide on </span><a href="https://nakedrealestate.com.au/can-buyer-seller-back-out-property-contract-wa/" target="_blank" rel="noopener"><span style="font-weight: 400;">backing out of a WA contract</span></a><span style="font-weight: 400;">, and it is a conversation for your lawyer. </span></p><p><strong>Truth. Strategy. Sold. </strong></p><p>If you would like a free appraisal for your property, please enquire via the form on our &#8216;<a href="https://nakedrealestate.com.au/book-a-free-appraisal/">Book a Free Appraisal</a>&#8216; page.</p><p><span style="font-weight: 400;">About the author: <a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/">Brendan Leahy</a> has been selling homes throughout the Perth Hills and Foothills since 2002, with more than 1,500 personal sales. </span></p><p><i><span style="font-weight: 400;">General information only, not legal advice. Finance-clause obligations are specific. Get advice from a property lawyer on your own contract.</span></i></p>								</div>
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		<p>The post <a href="https://nakedrealestate.com.au/finance-clause-wa-property/">The Finance Clause Trap That Catches WA Buyers Out</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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		<title>What Happens When a Buyer or Seller Refuses to Complete in WA?</title>
		<link>https://nakedrealestate.com.au/refusing-to-complete-wa-property/</link>
		
		<dc:creator><![CDATA[Brendan Leahy]]></dc:creator>
		<pubDate>Thu, 06 Aug 2026 09:15:30 +0000</pubDate>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://nakedrealestate.com.au/?p=3206</guid>

					<description><![CDATA[<p>By Brendan Leahy, Naked Real Estate  A delay is one thing. A refusal is another. When a buyer or seller makes clear they no longer intend to honour the contract, the situation moves out of the interest provisions and into default and termination, and this is where the money stops being calculable and starts being &#8230; <a href="https://nakedrealestate.com.au/refusing-to-complete-wa-property/" class="more-link">Continue reading <span class="screen-reader-text">What Happens When a Buyer or Seller Refuses to Complete in WA?</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a href="https://nakedrealestate.com.au/refusing-to-complete-wa-property/">What Happens When a Buyer or Seller Refuses to Complete in WA?</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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						<div class="elementor-element elementor-element-17f2ceb2 elementor-widget elementor-widget-text-editor" data-id="17f2ceb2" data-element_type="widget" data-e-type="widget" data-widget_type="text-editor.default">
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									<p><a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener"><i><span style="font-weight: 400;">By Brendan Leahy, Naked Real Estate </span></i></a></p><p><span style="font-weight: 400;">A delay is one thing. A refusal is another. When a buyer or seller makes clear they no longer intend to honour the contract, the situation moves out of the interest provisions and into default and termination, and this is where the money stops being calculable and starts being open-ended. It is also where the most dangerous assumptions live, because almost everything people believe about “just losing the deposit” is wrong. </span></p><p><span style="font-weight: 400;">This is one part of a bigger picture. For how a refusal differs from an ordinary delay or a finance problem, see the full guide, </span><a href="https://nakedrealestate.com.au/can-buyer-seller-back-out-property-contract-wa/" target="_blank" rel="noopener"><span style="font-weight: 400;">can a buyer or seller back out of a WA contract</span></a><span style="font-weight: 400;">. </span></p><p><i><span style="font-weight: 400;">General information only, not legal advice. Do not draft or rely on a default notice without a property lawyer. Your special conditions can change all of this. </span></i></p><h2><span style="font-weight: 400;">Nothing happens automatically </span></h2><p><span style="font-weight: 400;">The most common misunderstanding is that a contract dies on its own once someone misses a date. It does not. </span></p><p><span style="font-weight: 400;">Neither party may terminate the contract because of the other’s default, and a seller may not forfeit money paid by the buyer or retake possession because of the buyer’s default, unless two things have happened: the non-defaulting party has given a Default Notice, and the defaulting party has failed to remedy the default within the time required by that notice. A Default Notice has to specify the default and require it to be remedied within ten business days after it is properly given, or a longer period if the notice says so. </span></p><p><span style="font-weight: 400;">There is one significant exception. If a party repudiates the contract, meaning they make clear they do not intend to be bound, the Default Notice requirement does not apply. </span></p><p><span style="font-weight: 400;">And there is a trap for sellers. A Default Notice only supports termination if the notice itself states that the contract may be terminated if the default is not remedied in time. A notice that leaves that out does not do the job, no matter how firmly it is worded. Do not draft one of these yourself. This is the point where a property lawyer stops being optional. </span></p><h2><span style="font-weight: 400;">Specific performance is not what most people think</span></h2><p><span style="font-weight: 400;">I hear this term used incorrectly more than almost any other. Specific performance does not mean putting the property back on the market and chasing the shortfall. That is a different remedy entirely. Specific performance means asking a court to order the defaulting party to actually perform the contract: to settle, to hand over the property, or to pay the money and complete the purchase. A seller who refuses to sell may face proceedings seeking an order that the sale proceed. A buyer who refuses to buy may face proceedings seeking completion. Which remedy fits a given case is a matter for lawyers and, ultimately, a court. </span></p><h2><span style="font-weight: 400;">What a seller can do if the buyer defaults </span></h2><p><span style="font-weight: 400;">Where the buyer has failed to comply with a Default Notice, or has repudiated, the seller has a menu of options, not a single automatic outcome. The seller may affirm the contract and sue the buyer for damages; affirm and sue for specific performance, with damages in addition to or instead of it; retake possession, subject to the notice requirements; or terminate by notice to the buyer. If the seller terminates, they may then elect to forfeit the deposit, sue for damages, and resell. </span></p><p><span style="font-weight: 400;">Note the word elect. These are choices with consequences, and choosing wrongly can cost a seller their position. That is a decision to make with a lawyer, not with a mate at a barbecue. </span></p><h2><span style="font-weight: 400;">The deposit is not a cancellation fee </span></h2><p><span style="font-weight: 400;">Some buyers assume the worst case is losing the deposit and walking away. That assumption is unsafe. After a valid termination, the seller may forfeit the deposit AND sue for damages AND resell. Those rights sit alongside each other. They are not alternatives. </span></p><p><span style="font-weight: 400;">There is one limit worth knowing. If the deposit exceeds 10 per cent of the purchase price, the seller may forfeit only the part that does not exceed 10 per cent, and anything above that is treated differently under the contract. That matters where a contract provides for a deposit greater than 10 per cent. </span></p><h2><span style="font-weight: 400;">The resale mechanism </span></h2><p><span style="font-weight: 400;">This is what people are usually reaching for when they say “specific performance,” and it is worth understanding properly. If the seller terminates and resells, the seller does not have to give the original buyer notice of the resale, and has the discretion, acting reasonably, to determine the manner and terms of the resale. </span></p><p><span style="font-weight: 400;">Where settlement of the resale happens within twelve months of termination, the standard conditions do the arithmetic. You take the resale proceeds, account for the costs and expenses of the resale and the amount of the deposit that has been forfeited, and compare</span></p><p><span style="font-weight: 400;">the total the seller holds against the original purchase price. If the seller holds less than the original purchase price, the original buyer must pay the difference as liquidated damages. If the seller holds more, the excess belongs to the seller. Read that second one again if you are a buyer thinking about walking away: there is no upside for you in the resale. A better result for the seller does not come back to you. </span></p><h2><span style="font-weight: 400;">A simple illustration </span></h2><p><span style="font-weight: 400;">Assume a buyer contracts to pay $1.2m, defaults, the contract is properly terminated, and the property is resold within twelve months for $1m. The original buyer may face a claim built from the shortfall against the original purchase price, the costs and expenses of the resale, legal costs relating to the termination, and other recoverable losses. The forfeited deposit is brought into that calculation, so the answer is not simply one price subtracted from the other. But the point stands: walking away from a $1.2m contract can create a liability many times the size of the deposit. </span></p><h2><span style="font-weight: 400;">What a buyer can do if the seller defaults </span></h2><p><span style="font-weight: 400;">The position is broadly mirrored, and sellers who think they can simply refuse to proceed should read it. Where the seller has failed to comply with a Default Notice or has repudiated, the buyer may affirm and sue for damages, affirm and sue for specific performance or damages, or terminate. If the buyer terminates, the deposit and any other money paid must be promptly repaid, the buyer is entitled to interest earned on the deposit, and the seller must pay interest at the prescribed rate on other money the buyer paid. Where the contract is terminated as a result of one party’s default or repudiation, the standard conditions also make the defaulting party liable for the other party’s legal costs relating to that termination. </span></p><h2><span style="font-weight: 400;">Sometimes settling and reselling is the least damaging option </span></h2><p><span style="font-weight: 400;">This sounds counterintuitive. I have dealt with buyers who no longer wanted to proceed even though finance was approved and there was no right to terminate. In one case the change was driven by family circumstances. My advice was to get legal advice, complete the purchase, and put the home straight back on the market. It resold quickly. They still carried costs, including the selling fee and the transfer duty already paid, but the resale covered a meaningful part of it, and it was over in weeks. </span></p><p><span style="font-weight: 400;">Compare that to a refusal to settle: a default notice, a termination, a resale controlled entirely by the seller, a claim for the shortfall, and legal costs, over months, with an uncertain number at the end. Nobody wants to buy a house in order to sell it, but the least expensive way out of a binding purchase is sometimes to honour it, take ownership, and move on quickly. The duty, tax, finance and legal consequences need working through with</span></p><p><span style="font-weight: 400;">your lawyer and financial adviser, but it is an option worth raising early, because it is often the one nobody has thought of. </span></p><h2><span style="font-weight: 400;">If a delay or finance problem is your real situation </span></h2><p><span style="font-weight: 400;">Not every stalled settlement is a refusal. If both sides still intend to complete and a bank is simply slow, that is a delay, and it is handled differently. See </span><a href="https://nakedrealestate.com.au/what-happens-when-settlement-is-delayed-in-wa/" target="_blank" rel="noopener"><span style="font-weight: 400;">what happens when settlement is delayed</span></a><span style="font-weight: 400;">. If the sticking point is a loan that has not come together, see </span><a href="https://nakedrealestate.com.au/finance-clause-wa-property/" target="_blank" rel="noopener"><span style="font-weight: 400;">the finance-clause trap</span></a><span style="font-weight: 400;">, because that runs by its own rules and can leave a buyer bound in ways the default process does not. </span></p><h2><span style="font-weight: 400;">Frequently asked questions </span></h2><h3><span style="font-weight: 400;">If I refuse to settle, do I just lose my deposit? </span></h3><p><span style="font-weight: 400;">No. That assumption is unsafe. After a valid termination the seller can forfeit the deposit and sue for damages and resell, and if the resale within twelve months produces a shortfall you can be pursued for the difference. Walking away can cost far more than the deposit. </span></p><h3><span style="font-weight: 400;">Does the contract end automatically if someone refuses to complete? </span></h3><p><span style="font-weight: 400;">No. Ending it generally requires a valid Default Notice that states the contract may be terminated, and a failure to remedy within the time given. Repudiation is the exception. Do not rely on a contract lapsing on its own. </span></p><h3><span style="font-weight: 400;">What is specific performance? </span></h3><p><span style="font-weight: 400;">A court order requiring the defaulting party to actually perform the contract, to settle. It is not the resale mechanism, which is a separate remedy where the seller terminates and resells and claims any shortfall. </span></p><h3><span style="font-weight: 400;">Can a seller keep a deposit larger than 10 per cent? </span></h3><p><span style="font-weight: 400;">Generally not the whole of it. If the deposit exceeds 10 per cent of the purchase price, the seller may forfeit only the part up to 10 per cent, and the rest is treated differently under the contract. </span></p><h2><span style="font-weight: 400;">The bottom line </span></h2><p><span style="font-weight: 400;">A refusal to complete is the one situation where the numbers stop being predictable, so it is the one where doing it yourself is most dangerous. Nothing happens automatically, the notices have to be exactly right, the deposit is not a cancellation fee, and the resale</span></p><p><span style="font-weight: 400;">mechanism gives a walking-away buyer no upside and real downside. If you are anywhere near this, on either side, get a property lawyer involved before you issue a notice, refuse access, or withhold a deposit. The cost of that advice is almost always smaller than the cost of getting it wrong. </span></p><p><strong>Truth. Strategy. Sold. </strong></p><p>If you would like a free appraisal for your property, please enquire via the form on our &#8216;<a href="https://nakedrealestate.com.au/book-a-free-appraisal/">Book a Free Appraisal</a>&#8216; page.</p><p><span style="font-weight: 400;">About the author: <a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/">Brendan Leahy</a> has been selling homes throughout the Perth Hills and Foothills since 2002, with more than 1,500 personal sales. </span></p><p><i><span style="font-weight: 400;">General information only, not legal advice. If a default notice is being considered or received, get advice from a property lawyer immediately.</span></i></p>								</div>
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		<p>The post <a href="https://nakedrealestate.com.au/refusing-to-complete-wa-property/">What Happens When a Buyer or Seller Refuses to Complete in WA?</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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		<title>What Stays With the House When You Sell in Western Australia?</title>
		<link>https://nakedrealestate.com.au/what-stays-with-the-house-when-you-sell-in-western-australia/</link>
		
		<dc:creator><![CDATA[Brendan Leahy]]></dc:creator>
		<pubDate>Tue, 04 Aug 2026 08:47:39 +0000</pubDate>
				<category><![CDATA[Blog]]></category>
		<guid isPermaLink="false">https://nakedrealestate.com.au/?p=3137</guid>

					<description><![CDATA[<p>You have sold the house, settlement is getting close, and then somebody asks the question no one thought to settle properly at the start. Does the dishwasher stay? What about the curtains, the television bracket, the garden shed, the security cameras, the pot plants, the bore equipment or the expensive light fitting in the dining &#8230; <a href="https://nakedrealestate.com.au/what-stays-with-the-house-when-you-sell-in-western-australia/" class="more-link">Continue reading <span class="screen-reader-text">What Stays With the House When You Sell in Western Australia?</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a href="https://nakedrealestate.com.au/what-stays-with-the-house-when-you-sell-in-western-australia/">What Stays With the House When You Sell in Western Australia?</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>You have sold the house, settlement is getting close, and then somebody asks the question no one thought to settle properly at the start.</p>
<p>Does the dishwasher stay? What about the curtains, the television bracket, the garden shed, the security cameras, the pot plants, the bore equipment or the expensive light fitting in the dining room?</p>
<p>These questions sound minor until a buyer arrives after settlement and discovers something they reasonably expected to receive has disappeared.</p>
<p>After more than two decades and more than 1,500 personal sales, I can tell you most arguments over what stays and what goes are avoidable. The problem is usually not dishonesty. It is two people making different assumptions about the same item. If an item matters to either the buyer or the seller, put it in the contract. Do not rely on what seems obvious.</p>
<p><em>This article is general information, not legal advice. Whether a particular item is a fixture or</em><br />
<em>a chattel can depend on how it is attached, why it is attached, the contract wording and the</em><br />
<em>surrounding circumstances. If an item is valuable or disputed, obtain advice before signing.</em></p>
<h2>The simple rule of thumb: turn the house upside down</h2>
<p>One of the simplest ways agents are taught to explain fixtures and chattels is this. If you could turn the house upside down and shake it, whatever falls out is generally a chattel. Whatever stays attached is generally a fixture.</p>
<p>That is not the complete legal test, but it is a useful starting point. As a general rule, an item that is screwed, nailed, glued, concreted or otherwise permanently fixed to the home or land will usually be treated as a fixture, and things planted in the ground ordinarily remain with the land. An item that is free-standing and easily movable will usually be a chattel.</p>
<p>The trouble is the grey area. A dishwasher can be connected to plumbing and power but still be removable. A large shed can look permanent without being fixed to a slab. Curtains are removable, while their tracks are fixed. A television is movable, while its wall bracket may stay. That is why the rule of thumb helps, but the contract is what removes the doubt.</p>
<h2>Fixtures usually stay; chattels usually go</h2>
<p>WA Consumer Protection describes chattels as movable items that are not part of the land<br />
or building, and fixtures as items fixed to or forming part of the property. Its guidance is that fixtures generally remain while chattels are removed, unless the contract says otherwise.</p>
<p>Common fixtures include fixed floor coverings, light fittings, built-in air conditioning, fixed mirrors, television aerials, permanently installed sheds and plants growing in the ground. Common chattels include rugs, free-standing furniture, removable appliances, pot plants and other loose items.</p>
<p>Those are only examples. The classification of a particular item can still depend on its method and purpose of attachment, which is exactly why the safest practice is to list any uncertain item clearly in the <a href="https://nakedrealestate.com.au/how-the-offer-and-acceptance-process-works-in-western-australia-and-why-it-is-different-to-the-rest-of-australia/" target="_blank" rel="noopener">Offer and Acceptance</a>.</p>
<h2>What we put in every contract</h2>
<p>To remove the most common arguments, every Offer and Acceptance we prepare includes wording to the effect that the offer includes all fixed floor coverings, window treatments, light fittings and the dishwasher in place.</p>
<p>If the seller wants to keep one of those, it is excluded in writing before the buyer signs. If the buyer expects an unusual movable item, it is included in writing. For a valuable appliance, the brand and model can be recorded too. Those few words save a lot of misunderstanding at settlement.</p>
<h2>The contract beats the assumption</h2>
<p>A seller can generally exclude an item that might otherwise stay, provided the exclusion is clear and accepted as part of the contract. A buyer can also negotiate for a movable item to be included. For example:</p>
<ul>
<li>Included in the sale: Bosch free-standing dishwasher, model ABC123.</li>
<li>Excluded from the sale: dining-room pendant light. The seller will remove it before settlement and install a standard working light fitting in its place.</li>
</ul>
<p>The more valuable or unusual the item, the more specific the wording should be.</p>
<h2>The items that cause the most confusion</h2>
<h3>Dishwashers.</h3>
<p>A fully integrated unit can look like part of the kitchen, while a free-standing one is easy to remove. WA guidance specifically identifies dishwashers as items to list, and our contracts include the dishwasher in place unless agreed otherwise.</p>
<h3>Curtains, blinds and window treatments.</h3>
<p>Tracks, rods and fitted blinds are attached to the building. Curtains themselves can usually be removed. Because expectations differ, our standard wording includes window treatments unless the contract states otherwise.</p>
<h3>Televisions and wall brackets.</h3>
<p>The television normally belongs to the seller unless expressly included. A fixed bracket may remain, and if it is being removed, agree what happens to any holes or damage.</p>
<h3>Sheds, cubby houses, aviaries and animal enclosures.</h3>
<p>This matters throughout the Perth Hills and Foothills. Some structures are concreted or fixed, others can be moved. If it appears in the marketing and matters to either side, identify it in the contract.</p>
<h3>Solar panels, batteries and EV chargers.</h3>
<p>Roof-mounted panels and permanently installed equipment ordinarily appear to form part of the property. The contract should also deal with any finance, lease, service agreement, cables, adaptors and account transfers.</p>
<h3>Pool equipment.</h3>
<p>Fixed pumps, filters and heating are different from loose cleaners, covers, rollers and accessories. List the removable equipment if the buyer expects to receive it.</p>
<p>Everything else follows the same logic, so record it rather than guess: fixed mirrors and<br />
hung mirrors, sentimental light fittings, security cameras and smart-home hubs (including<br />
the codes and accounts needed to run them), outdoor kitchens and pizza ovens, workshop<br />
benches, statues, water features and established plants. If it matters to either side, one line<br />
in the contract settles it.</p>
<h2>A story from my first year in real estate</h2>
<p>One of my earliest sales was a home in the Kelmscott hills. The sellers had come from England, and everything went smoothly through the contract and final inspection.</p>
<p>The property settled. Not long afterwards the buyer rang me and said, “Brendan, you had better come up here and have a look.”</p>
<p>When I arrived I could hardly believe it. The sellers had removed the carpets, curtains, blinds and light fittings. The home had been stripped back.</p>
<p>I called the seller and asked what had happened. His answer was completely genuine: “What do you mean? That is what we do in England.”</p>
<p>He honestly believed he had done the right thing. I had to explain that this was Western Australia, and more importantly, the contract specifically included the fixed floor coverings, window treatments and light fittings. They had to be returned and properly reinstalled.</p>
<p>Fortunately the buyer was easy-going and could see the funny side once it was explained. The sellers arranged for the items to be put back by qualified people, and it was resolved. The lesson was not that anybody was dishonest. It was that assumptions change from country to country, and person to person, and the contract is there to make the expectation clear.</p>
<h2>A much more expensive lesson about internet advice</h2>
<p>A later sale was not so easy.</p>
<p>The seller had a stove and oven that formed part of the property and were included in the sale. We explained repeatedly that they were fixtures under the contract and could not simply be removed.</p>
<p>By that stage, though, the seller had started relying on advice from online forums. It did not seem to matter what the agent or the other professionals said. She had found people online telling her what she believed she was entitled to do, and she made up her own mind.</p>
<p>When the buyer’s building inspector attended and took his normal photographs, the report showed the stove and oven had been dismantled and left in pieces, with the gas connection cut. The matter had to move into the legal channel before settlement. The appliances had to be reinstated properly, and the delayed settlement exposed the seller to default interest under the contract.</p>
<p>That is where it gets expensive. On a seven-figure sale, with an outstanding balance well over a million dollars, default interest adds up fast. The <a href="https://nakedrealestate.com.au/wp-content/uploads/2026/07/JFOG.pdf" target="_blank" rel="noopener">2022 Joint Form</a> sets default interest at 9 per cent a year, calculated daily, though the form is updated from time to time and the rate that applies should always be confirmed against the current contract. On an outstanding balance of around 1.3 million, 9 per cent works out to roughly 320 dollars a day. A delay of a couple of weeks can add several thousand dollars, before any legal and trade costs on top.</p>
<p>The lesson is not “never use the internet.” It is that general online advice does not know your signed contract, your property or the facts of your transaction. Licensed agents, settlement agents and property lawyers are not infallible, but they are dealing with the actual transaction in front of them. Where the agent, settlement agent and lawyer are all telling you the same thing, an anonymous online opinion should not override the contract you signed.</p>
<h2>Advertising photographs do not decide what is included</h2>
<p>Buyers sometimes assume everything in the marketing photographs will remain. That is unsafe. Photographs normally show furniture, artwork, rugs, lamps, outdoor furniture, pot plants and decorative items that belong to the seller.</p>
<p>Marketing photographs do not, by themselves, reliably establish what is included in the sale. The contract is what identifies inclusions and exclusions. At the same time, advertising must still accurately represent the property and should not create a misleading impression about a significant feature that will be removed. If a major feature shown in the campaign is going to be removed, the safest approach is to declare it before offers are made.</p>
<h2>What sellers should do before launching</h2>
<p>Before photography and home opens, walk through the property with your agent and identify anything you intend to take that a buyer may reasonably think belongs to the property: sentimental light fittings, curtains and custom window treatments, dishwashers and appliances, wall-mounted televisions and brackets, security and smart-home equipment, sheds and enclosures, pool equipment, workshop benches, EV charging equipment, statues, water features and established plants.</p>
<p>Where practical, remove or replace the item before the photography. That is cleaner than presenting the home with an attractive feature and announcing later that the buyer does not receive it.</p>
<h2>What buyers should do before making an offer</h2>
<p>During the inspection, ask one question: what do I expect to still be here when I receive the<br />
keys? If something matters, tell the agent before the offer is written. A verbal conversation is not a substitute for clear contract wording. Pay particular attention to window treatments, the dishwasher and appliances, TV brackets and fixed mirrors, security and smart-home equipment, sheds and outdoor structures, pool equipment, bore, rainwater and reticulation equipment, solar and EV charging, and any valuable plants or garden features.</p>
<h3>Keys, garage remotes and access devices must be handed over</h3>
<p>The sale is not complete in a practical sense if the buyer receives the house but cannot properly access or operate it. The Joint Form of General Conditions deals with the handover of keys and relevant remotes or access devices, and “access device” is defined to include keys, security devices and the codes for any security system. Sellers should collect and hand over everything reasonably required to enter and use the property, subject to the<br />
exact contract terms: front, rear and side-door keys, security-screen keys, mailbox keys, shed and workshop keys, garage-door and gate remotes, and alarm fobs, access cards and relevant codes.</p>
<h2>Brendan’s tip for sellers: create a settlement box</h2>
<p>As soon as the property goes under offer, start a small box or drawer for everything that needs to stay with the home: all keys and labelled spares, garage and gate remotes, alarm fobs and access cards, instruction manuals, warranties and service records, smart-home reset or transfer instructions, spare remote batteries, and any agreed equipment or accessories. By settlement day everything is in one place, and there is no frantic search through packed boxes.</p>
<h2>Brendan’s tip for buyers: change the locks after settlement</h2>
<p>This is not a legal requirement, but I recommend it to almost every buyer. Once the property has settled, consider having a locksmith re-key the external locks. The first reason is convenience. Older homes often have a different key for every door, and a locksmith can frequently change the barrels so one or two keys operate the whole home. The second is security. You do not know how many copies of the old keys exist, or who may still have one. Previous owners may have given keys to relatives, neighbours, tradespeople, cleaners or house sitters over many years. Re-keying means you know exactly who can access your new home. As a rough guide it is commonly around 300 to 600 dollars depending on the number and type of locks, so get a current locksmith quote rather than treating that as fixed pricing.</p>
<h2>What happens if something disappears before settlement?</h2>
<p>The <a href="https://nakedrealestate.com.au/final-inspection-in-western-australia-what-it-is-and-what-it-isnt/" target="_blank" rel="noopener">final inspection</a> is your chance to <a href="https://nakedrealestate.com.au/wp-content/uploads/2026/08/Poperty-Sale-Checklist.pdf" target="_blank" rel="noopener">check the property</a> remains in the required condition and the seller has complied with the contract. If something is missing:</p>
<ol>
<li>Record exactly what is missing or altered.</li>
<li>Take photographs where appropriate.</li>
<li>Do not argue at the property.</li>
<li>Notify the settlement agent and selling agent in writing.</li>
<li>Let the settlement agents deal with it under the contract.</li>
</ol>
<p>Depending on the item and the contract, the solution might be its return, replacement, repair of removal damage, an agreed settlement adjustment or legal advice. A missing item does not automatically entitle a buyer to cancel settlement. The contract and the seriousness of the breach matter.</p>
<h2>Five practical things to do on settlement day</h2>
<ol>
<li>Confirm all keys, remotes, fobs and access codes have been received.</li>
<li>Walk through the home and confirm the agreed inclusions are present.</li>
<li>Photograph the electricity, gas and water meter readings for your records.</li>
<li>Confirm utility and internet arrangements.</li>
<li>Book a locksmith to re-key the external locks.</li>
</ol>
<h2>Frequently asked questions</h2>
<h3>Does the dishwasher stay when you sell a house in WA?</h3>
<p>It depends on the contract. WA guidance specifically flags dishwashers as items to list, because an integrated unit can look built-in while a free-standing one is easy to remove. Our contracts include the dishwasher in place unless it is expressly excluded, so the safest thing is to have it written in either way.</p>
<h3>Do curtains and blinds stay when you sell in WA?</h3>
<p>Curtain tracks, rods and fitted window treatments may appear to form part of the property, while curtains and some blinds can be readily removed. WA Consumer Protection actually lists curtains and blinds among its examples of chattels, and recommends identifying window fittings in the contract because expectations can differ. Our contracts include window treatments unless they are expressly excluded, which removes the argument before it starts.</p>
<h3>Can a seller remove fixtures before settlement?</h3>
<p>A seller can keep an item that might otherwise stay only if it is clearly excluded in the contract and accepted before the buyer signs. Removing a fixture that the contract includes is a breach, and it can lead to reinstatement, an adjustment, delayed settlement and default interest.</p>
<h3>What is the difference between a fixture and a chattel?</h3>
<p>A fixture is attached to or forms part of the property and generally stays. A chattel is a movable item that is not part of the land or building and generally goes. The rule of thumb: shake the house, what falls out is usually a chattel, what stays attached is usually a fixture. The contract settles anything uncertain.</p>
<h3>The bottom line</h3>
<p>The legal difference between a fixture and a chattel matters. But the best transaction is not the one where somebody wins an argument about it after settlement. It is the one where the argument never happens.</p>
<p>If the seller wants to keep it, exclude it in writing. If the buyer expects to receive it, include it in writing. One extra line in the Offer and Acceptance can save days of stress, damaged goodwill, trade costs, default interest and legal expense over an item worth a fraction of the property itself.</p>
<p>After more than 1,500 personal sales, my advice is simple: never assume the other side sees an item the same way you do. Put it in the contract.</p>
<p>If you are buying or selling in the Perth Hills or Foothills and want the process explained in plain English before you sign, get in touch.</p>
<p>To help you, please feel free to download our <a href="https://nakedrealestate.com.au/wp-content/uploads/2026/08/Poperty-Sale-Checklist.pdf" target="_blank" rel="noopener">property sale checklist</a></p>
<p><strong>Truth. Strategy. Sold.</strong></p>
<p><em>About the author: <a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/">Brendan Leahy</a> has been selling homes across the Perth Hills and</em><br />
<em>Foothills since 2002, with more than 1,500 personal sales.</em></p>
<p><em>This article is general information only and is not legal advice. The classification of an item</em><br />
<em>and the remedies available may depend on the method and purpose of attachment, the</em><br />
<em>contract wording and the particular circumstances. Speak with your settlement agent or</em><br />
<em>property lawyer if an item is valuable, disputed or unclear</em></p>
<p>&nbsp;</p>
<p>The post <a href="https://nakedrealestate.com.au/what-stays-with-the-house-when-you-sell-in-western-australia/">What Stays With the House When You Sell in Western Australia?</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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		<title>How the Offer and Acceptance Process Works in Western Australia (and Why It Is Different to the Rest of Australia)</title>
		<link>https://nakedrealestate.com.au/how-the-offer-and-acceptance-process-works-in-western-australia-and-why-it-is-different-to-the-rest-of-australia/</link>
		
		<dc:creator><![CDATA[Brendan Leahy]]></dc:creator>
		<pubDate>Thu, 30 Jul 2026 09:26:26 +0000</pubDate>
				<category><![CDATA[Blog]]></category>
		<guid isPermaLink="false">https://nakedrealestate.com.au/?p=3103</guid>

					<description><![CDATA[<p>How the Offer and Acceptance Process Works in Western Australia (and Why It Is Different to the Rest of Australia) By Brendan Leahy, Naked Real Estate® Buying or selling a home is one of the biggest financial decisions most people ever make. Yet the document that controls the whole thing is often the one people &#8230; <a href="https://nakedrealestate.com.au/how-the-offer-and-acceptance-process-works-in-western-australia-and-why-it-is-different-to-the-rest-of-australia/" class="more-link">Continue reading <span class="screen-reader-text">How the Offer and Acceptance Process Works in Western Australia (and Why It Is Different to the Rest of Australia)</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a href="https://nakedrealestate.com.au/how-the-offer-and-acceptance-process-works-in-western-australia-and-why-it-is-different-to-the-rest-of-australia/">How the Offer and Acceptance Process Works in Western Australia (and Why It Is Different to the Rest of Australia)</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h1><b>How the Offer and Acceptance Process Works in Western Australia (and Why It Is Different to the Rest of Australia)</b></h1>
<p><a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener"><i><span style="font-weight: 400;">By Brendan Leahy, Naked Real Estate®</span></i></a></p>
<p><span style="font-weight: 400;">Buying or selling a home is one of the biggest financial decisions most people ever make. Yet the document that controls the whole thing is often the one people understand the least.</span></p>
<p><span style="font-weight: 400;">In Western Australia, almost every residential sale is done using an <strong>Offer and Acceptance contract</strong>, usually just called the O and A. If you have spoken to friends or family in the eastern states, their buying process probably sounded completely different. That is because it is.</span></p>
<p><span style="font-weight: 400;">I have sold more than 1,500 properties across more than two decades in the same handful of suburbs. In that time I have watched the same misunderstandings cost people money and sleep, almost always because nobody explained the process in plain English before they signed. This is my attempt to do that.</span></p>
<p><i><span style="font-weight: 400;">This article is general information, not legal advice. Every transaction is different. If you are unsure about your rights or obligations, get independent legal advice before you sign anything.</span></i></p>
<h2>Why Western Australia is different</h2>
<p><span style="font-weight: 400;">There is a common belief that WA works differently because we have a different land title system. That is not really the case. Australia&#8217;s registered land systems are predominantly based on the Torrens model, which began in South Australia in 1858 and was adopted across the country. Each state and territory has its own legislation and procedures, but WA&#8217;s simpler contracting process is not explained by a fundamentally different system of land ownership. It is explained by how the sale is put together and who does what.</span></p>
<h3><span style="font-weight: 400;">What actually makes WA simpler is how the sale is put together and who does what:</span></h3>
<ul>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">In WA, the real estate agent commonly prepares the standard Offer and Acceptance contract and negotiates it between buyer and seller.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Once both parties agree on the terms, the contract is signed and acceptance is communicated. At that point it is binding.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">After that, a separately licensed settlement agent, or a lawyer, handles the settlement, which is the legal transfer of the property.</span></li>
</ul>
<p><span style="font-weight: 400;">In much of the eastern states, a solicitor or conveyancer is involved much earlier, often preparing the contract and a stack of disclosure documents before the property is even advertised. That front-loading is a big part of why their process feels heavier.</span></p>
<p><span style="font-weight: 400;">WA has a dedicated licensed settlement agent profession that takes over once the contract is formed. That is the practical difference, and it is why selling here can feel refreshingly straightforward.</span></p>
<p><span style="font-weight: 400;">I will be straight about the flip side of that, because it matters. A simpler process for the transaction also means more of the responsibility sits with you before you sign. That is the honest trade, and the rest of this article is really about how to carry that responsibility well.</span></p>
<h2>The two documents that make up the contract</h2>
<p><span style="font-weight: 400;">Most people think they are signing one document. In reality the standard WA contract is usually made up of:</span></p>
<ul>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">The Offer and Acceptance (the O and A)</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">The Joint Form of General Conditions</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Any annexures</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Any special conditions</span></li>
</ul>
<p><span style="font-weight: 400;">The O and A is the part everyone looks at. The Joint Form of General Conditions is just as important, because it carries a large part of the legal rights and obligations that are not written on the front page. Most people never read it. You do not have to read every clause, but you should understand it exists and that it forms part of your agreement.</span></p>
<p><span style="font-weight: 400;">You can view the standard forms here by clicking on the respective PDF icons below</span></p>
<table><!-- Row 1 --></p>
<tbody>
<tr>
<td><a href="https://nakedrealestate.com.au/wp-content/uploads/2026/07/Offer-Acceptance-3.pdf" target="_blank" rel="noopener"><img data-dominant-color="e6b4ae" data-has-transparency="true" style="--dominant-color: #e6b4ae;" loading="lazy" decoding="async" class="wp-image-3109 alignleft has-transparency" src="https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf.png" alt="" width="101" height="101" srcset="https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf.png 512w, https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf-300x300.png 300w, https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf-150x150.png 150w, https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf-100x100.png 100w" sizes="(max-width: 101px) 100vw, 101px" /></a></td>
<td><a href="https://nakedrealestate.com.au/wp-content/uploads/2026/07/JFOG.pdf" target="_blank" rel="noopener"><img data-dominant-color="e6b4ae" data-has-transparency="true" style="--dominant-color: #e6b4ae;" loading="lazy" decoding="async" class="wp-image-3109 alignleft has-transparency" src="https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf.png" alt="" width="101" height="101" srcset="https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf.png 512w, https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf-300x300.png 300w, https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf-150x150.png 150w, https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf-100x100.png 100w" sizes="(max-width: 101px) 100vw, 101px" /></a></td>
</tr>
<p><!-- Row 2 --></p>
<tr>
<td><strong>Offer and Acceptance Form</strong></td>
<td><strong>Joint Form of General Conditions</strong></td>
</tr>
</tbody>
</table>
<p>*** Please note that the documents linked above are used with permission. Copyright REIWA ***</p>
<p><strong>Page one: the scheduleThe first page holds the commercial terms:</strong></p>
<ul>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Property address</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Purchase price</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Deposit</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Settlement date</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Finance details, if any</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Chattels included in the sale</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Buyer and seller details</span></li>
</ul>
<p><span style="font-weight: 400;">It looks simple. It is not. Every completed part of that page can affect the parties&#8217; legal rights and practical obligations, and a small error, even a misspelled name, can cause real problems at settlement.</span></p>
<h2>One decision buyers make without realising it: how you hold the title</h2>
<p><span style="font-weight: 400;">Look at the first page of the contract and you will see three boxes: sole owner, joint tenants, or tenants in common. If you are buying with someone else, which one you tick matters enormously, and a lot of people tick it without being told what it means.</span></p>
<p><span style="font-weight: 400;">If you are buying a home with your partner, it is normally done as joint tenants. In simple terms, you both own the whole property together. If one of you passes away, the property automatically stays with the surviving owner. It happens by law and does not depend on what a will says.</span></p>
<p><span style="font-weight: 400;">Tenants in common works differently. Here, each owner holds a defined share, and those shares do not have to be equal. If one owner passes away, their share does not automatically go to the others. It is dealt with according to their will.</span></p>
<p><span style="font-weight: 400;">That difference makes tenants in common a useful structure in some situations. Say you are helping one of your children into a property. You might hold it as tenants in common with a third each to you, your partner, and your child. If something later happens to one owner, their third is dealt with by their will, not simply absorbed by the others. It can also offer your child some protection. If they buy with a partner down the track and that relationship later ends, their defined share is the share in play, not the whole home. Sadly that situation comes up more often than it used to.</span></p>
<p><span style="font-weight: 400;">Blended families are another common reason. If you and your partner each have children from earlier relationships, tenants in common lets each of you leave your own share to your own children through your will.</span></p>
<p><span style="font-weight: 400;">This is one of those decisions that is simple to tick and hard to unwind. Before you decide how to hold the title, get legal advice, and speak to your accountant too, because there can be tax and estate consequences that are not obvious at the time.</span></p>
<h2>When the contract becomes binding</h2>
<p><span style="font-weight: 400;">This is the single most important thing to understand about buying and selling in WA.</span></p>
<p><span style="font-weight: 400;">The signed O and A becomes a binding contract once acceptance is communicated to the buyer. Not when the deposit is paid. Not after a few days of thinking it over. When acceptance is communicated.</span></p>
<p><span style="font-weight: 400;">And there is no cooling-off period in Western Australia. Once you are in a binding contract, you are in it. The only way out is through the conditions written into the contract itself, and if all of those are satisfied, you are committed to settling.</span></p>
<p><span style="font-weight: 400;">Be honest with yourself about what that means. There is no cooling-off period to fall back on if you get cold feet, and WA has no mandatory vendor statement handed to you before you commit the way some states do. That is not a reason to be nervous. It is a reason to do your homework, ask your questions, and get your advice before you sign, not after. It is a very different world to the eastern states, and we will come back to it.</span></p>
<h2>Why the deposit still matters</h2>
<p><span style="font-weight: 400;">Here is something that surprises people. The deposit does not create the contract.</span><span style="font-weight: 400;">The contract is formed when acceptance is communicated. The deposit is then payable under that existing contract, usually within a set number of days. If a buyer fails to pay it on time, they are not tearing up a contract that never existed. They are in breach of one that already does.</span></p>
<p><span style="font-weight: 400;">That is why, when something goes wrong, one of the first questions a settlement agent or lawyer asks is whether the deposit has been paid. The answer tells them whether the buyer is already in default, whether a notice can be issued, and how much money is sitting in trust.</span><span style="font-weight: 400;">So while the deposit does not form the contract, it does several important jobs:</span></p>
<ul>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">It shows the buyer is committed.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">It is held in trust and gives the seller security.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">It forms part of the purchase price at settlement.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">If the buyer defaults, it may be forfeited under the contract.</span></li>
</ul>
<p><span style="font-weight: 400;">On that last point, there is a rule worth knowing. A deposit of up to 10 percent is a standard and recognised genuine deposit that a seller can keep if the buyer defaults. Push much beyond that and a court may treat the excess as a penalty and refuse to enforce it. Ten percent is the standard for a reason.</span></p>
<p><strong>Finance, cash and subject-to-sale offers</strong></p>
<p><span style="font-weight: 400;">One of the most common conditions in a WA contract is finance approval. If finance is included, the contract will usually name the lender or broker, the amount required, and the date by which finance must be approved.</span></p>
<p><span style="font-weight: 400;">The wording of a finance clause matters more than people think. &#8220;Subject to finance&#8221; is not a simple phrase. Whether a buyer can walk away, and whether a seller can end the contract, depends on exactly what the clause says and whether the buyer has met their obligations under it.</span></p>
<p><span style="font-weight: 400;">A cash offer removes that whole layer of risk, which is part of why a clean cash offer can be so attractive to a seller even when it is not the highest number on the table. <a href="https://nakedrealestate.com.au/should-i-buy-a-house-before-selling-mine-wa-subject-to-sale-guide/" target="_blank" rel="noopener">For more information, please see our &#8216;Subject to Sale&#8217; guide</a>.</span></p>
<h2>Building and pest inspections are not automatic</h2>
<p><span style="font-weight: 400;">This one catches a lot of first home buyers.</span></p>
<p><span style="font-weight: 400;">A building inspection is not automatically included in a WA contract. Neither is a timber pest inspection. If you want either, you generally need to have a proper condition included before your offer is accepted.</span></p>
<p><span style="font-weight: 400;">Once the seller has accepted, you cannot simply decide you would now like to add a building inspection or a longer finance period. Any change after that needs both parties to agree. If you want a protection in the contract, ask for it before you sign, not after.</span></p>
<h2>Why the selling agent cannot choose your protections for you</h2>
<p><span style="font-weight: 400;">There is a reason your seller&#8217;s agent will not build your offer&#8217;s protections for you, and it is worth understanding.</span></p>
<p><span style="font-weight: 400;">I act for the seller. The seller is my client, so I cannot advise a buyer which conditions to include, or design an offer around the buyer&#8217;s interests. I can explain what the standard parts of the form do, and I can accurately record the terms a buyer instructs me to put forward. But deciding what legal protections a buyer needs is a matter for the buyer and their own settlement agent or lawyer. While the real estate agent acts strictly for the seller and cannot provide legal or strategic advice to the buyer or design conditions for the buyer&#8217;s benefit, the agent remains legally bound to act with honesty, fairness, and accurate disclosure toward all parties.</span></p>
<p><span style="font-weight: 400;">None of that means I get to play you. I will always be straight with you and I will never mislead you. But I am not your representative in the deal, and you should not expect me to be. That is not a gap in the service. It is the same single-minded representation you would want on your own side the day you are the one selling.</span></p>
<p><span style="font-weight: 400;">Which is why my best advice to any buyer is simple. If you are in any doubt about a condition, or about anything you are signing, speak to your own settlement agent or solicitor before the offer is written, not after. Once your offer is accepted there is no cooling-off period in Western Australia and no easy way to add a protection you left out. The time to get that advice is before you sign, and the call costs you very little.</span></p>
<h2>What we have to tell you, and what you should ask</h2>
<p><span style="font-weight: 400;">People from the eastern states often assume that because WA has no vendor disclosure statement, there is no disclosure here at all. That is wrong, and it is worth understanding properly.</span></p>
<p><span style="font-weight: 400;">Two duties sit over every sale. Agents must not mislead buyers, and they may be required to disclose known facts that would be material to a buyer&#8217;s decision, even where the seller would prefer the information not to be raised. Alongside that sits the Australian Consumer Law, which says we cannot engage in conduct that is misleading or deceptive. The second duty is broader than most people realise.</span></p>
<p><span style="font-weight: 400;">In WA this is not just general law that applies to everyone. The Code of Conduct that agents work under here spells out that an agent must act honestly and must not engage in conduct that is misleading or deceptive, and that Code is legally enforceable under WA&#8217;s real estate regulatory framework. So the duty to be straight with you is written into the rules of my licence, not only into consumer law generally.</span></p>
<p><span style="font-weight: 400;">Under that law, you do not have to intend to mislead someone to be caught by it. The test is the effect on the buyer, judged by what a reasonable person would take from it, not whether the agent meant any harm. And conduct can mislead by silence or by omission, by leaving something out that creates a false impression, not only by an outright false statement, where the circumstances reasonably called for it to be disclosed.</span></p>
<p><span style="font-weight: 400;">Here is the kind of thing that catches agents out. A home is advertised as exceptionally quiet, a whisper quiet cul-de-sac with photos of a peaceful backyard, while a nearby source of substantial and regular noise, say a main flight path, is knowingly left out. Depending on the circumstances, advertising the peace while withholding the noise can create a misleading overall impression, and that can expose the agent to a compensation claim from the buyer and to action from the regulator. &#8220;It was just a turn of phrase&#8221; is not much of a defence, because the test is the impression the advertising created, not what was intended.</span></p>
<p><span style="font-weight: 400;">Consumer Protection WA gives an even plainer example of the same idea: advertising &#8220;beachfront lots&#8221; for land that does not actually front the beach. If the words paint a picture the property does not match, that is misleading, no matter how it was meant.</span></p>
<p><span style="font-weight: 400;">Direct questions work the same way. If a buyer asks me straight out whether a home is under the flight path, I cannot tell them no when the answer is yes. If the seller has told us about an easement on the title, asbestos, an unapproved structure, or something that is not in working order, that gets disclosed in writing too.</span></p>
<p><span style="font-weight: 400;">A common example is an unapproved structure. Say a previous owner built a granny flat or a large patio without council approval. We disclose in the contract that the structure is unapproved, so the buyer goes in with their eyes open. But disclosure is not the end of it. An unapproved structure can still carry an obligation with the local council that a contract clause does not make disappear. So we disclose it, and we tell the buyer plainly to make their own enquiries with the council and their settlement agent about what it means for them before they commit.</span></p>
<p><span style="font-weight: 400;">What the law does not do is turn your seller&#8217;s agent into your adviser, or ask us to guess at things we do not know. So the responsibility runs both ways. We will declare what we are required to declare, and we will answer your questions honestly. You should ask your questions, all of them, and get your own advice from your settlement agent or solicitor before you sign. Never assume that not asking is the same as there being nothing to find.</span></p>
<h2>How special conditions work</h2>
<p><span style="font-weight: 400;">The standard contract covers most ordinary sales. Special conditions deal with everything else, and this is where each transaction becomes unique.</span></p>
<p><span style="font-weight: 400;">Special conditions can address almost any lawful matter the buyer and seller agree on. But &#8220;almost anything&#8221; is not &#8220;anything.&#8221; A special condition still has to be lawful, clear, capable of being carried out, and consistent with the rest of the contract. Careless wording is where disputes are born.</span></p>
<p><span style="font-weight: 400;">One point that trips up even some agents. The Joint Form of General Conditions applies except where it is varied by the special conditions. That means a special condition can deliberately override a general condition, which is fine when it is done on purpose and clearly. Where a special condition is intended to alter or replace a standard general condition in the Joint Form of General Conditions, the special condition should explicitly state which standard clause is being varied or overridden, to prevent contractual ambiguity. The danger is the accidental contradiction, where it is unclear which clause was meant to win. That is where deals fall over.</span></p>
<h3><span style="font-weight: 400;">A good special condition answers four questions:</span></h3>
<ul>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">What has to happen?</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Who has to do it?</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">By when?</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">What happens if it does not?</span></li>
</ul>
<p><span style="font-weight: 400;">Get those four right and the condition protects everyone. Get them wrong and it creates the exact fight it was meant to prevent. When a condition is unusual or commercially serious, it is worth having a property lawyer draft or review the wording.</span></p>
<h2>The strangest condition I have ever written</h2>
<p><span style="font-weight: 400;">After more than 1,500 sales, you see some unusual requests. </span></p>
<p><span style="font-weight: 400;">One stands out.</span><span style="font-weight: 400;">A buyer wanted the property to settle at exactly 11:45 in the morning on a particular day, because in her belief that was the moment the moon and stars aligned and the home would bring her peace. Normally that might sound far fetched. But contracts are not there to judge why people want things. They are there to document what has been agreed.</span></p>
<p><span style="font-weight: 400;">The seller was happy to accommodate it. The risk was obvious though. If the buyer did anything to delay settlement, by their own actions, the exact time could be missed. So we tied the deposit directly to the settlement timing obligation. Both parties agreed that if the buyer caused settlement not to occur as agreed, the deposit was at risk. It was a standard ten percent deposit and a cash purchase with no finance involved, so the chance of an outside delay was very low.</span><span style="font-weight: 400;">The property settled exactly as agreed. The lesson is not that unusual conditions are a good idea. It is that a condition does not have to be common. It has to be clear, and for anything this specific, drafted with care and ideally a lawyer&#8217;s eye. It is worth being plain about the risk, too. Specifying a settlement time down to the exact minute creates real practical and legal risk under modern electronic conveyancing, where administrative and banking delays of minutes or hours are common. Trying to trigger an automatic forfeiture of a 10 percent deposit over a minor timing delay is vulnerable to challenge as an unenforceable penalty, particularly since standard contract terms require default notices and cure periods before termination.</span></p>
<h2>Why more conditions usually means a weaker offer</h2>
<p><span style="font-weight: 400;">Buyers often assume that adding conditions makes their offer safer, and therefore stronger. Usually the opposite is true.</span></p>
<p><span style="font-weight: 400;">Every extra condition is another way the contract can fall over, and sellers know it. Imagine two offers at the same price:</span></p>
<ul>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Offer A: finance, building inspection, timber pest inspection, subject to the sale of another property, and an extended settlement.</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Offer B: finance only.</span></li>
</ul>
<p><span style="font-weight: 400;">All other things being reasonably equal, most sellers will take Offer B. Not because the price is better, but because there are fewer ways for it to collapse.</span></p>
<p><span style="font-weight: 400;">That does not mean strip out protections you actually need. It means every condition should earn its place. A seller comparing offers is not only weighing the price. They are weighing finance risk, inspection risk, settlement timing, the size of the deposit, and how many ways the buyer could walk. The cleanest offer often wins, even when it is not the highest.</span></p>
<h2>A warning most sellers never hear</h2>
<p><span style="font-weight: 400;">Here is one that has caught good people out over the years.</span></p>
<p><span style="font-weight: 400;">If you are selling in order to buy your next home, and you need finance to buy that next place, sort your finance out and get your approval in hand before you sign a contract to sell.</span></p>
<p><span style="font-weight: 400;">I have seen sellers accept an offer, then discover they cannot get the finance to buy their onward property, and try to pull out. Unfortunately the contract does not work that way. As long as the buyer keeps meeting their obligations through to settlement, the seller cannot terminate simply because their own next purchase has fallen through. The finance clause protects the buyer. There is no equivalent escape hatch for a seller who has not sorted their own funding.</span></p>
<p><span style="font-weight: 400;">Accepting an offer is a commitment. Make sure your side of the puzzle is in place before you make it.</span></p>
<p><i><span style="font-weight: 400;">This touches on financial matters. Speak to your bank, broker or financial adviser about your own situation before you commit.</span></i></p>
<h2>How WA compares to the rest of Australia</h2>
<p><span style="font-weight: 400;">The table below is a general guide to a typical residential private-treaty sale in each state and territory. Processes vary within each jurisdiction, so treat it as a starting picture, not a rule for your own transaction. The biggest practical differences are when a contract becomes binding, whether there is a cooling-off period, and how much disclosure and legal preparation happens before you sign.</span></p>
<p><i><span style="font-weight: 400;">Cooling-off figures below were current as at July 2026. These rules change, so check the current position for your state before relying on them.</span></i></p>
<table><!-- Row 1 --><!-- Row 2 --></p>
<thead>
<tr>
<th><b>State or territory</b></th>
<th><b>Who typically prepares the contract</b></th>
<th><b>Cooling-off period (private treaty)</b></th>
<th><b>Who typically handles settlement</b></th>
</tr>
</thead>
<tbody>
<tr>
<td><span style="font-weight: 400;">Western Australia</span></td>
<td><span style="font-weight: 400;">Real estate agent (standard O and A)</span></td>
<td><span style="font-weight: 400;">None, unless the parties insert one</span></td>
<td><span style="font-weight: 400;">Licensed settlement agent or lawyer</span></td>
</tr>
<tr>
<td><span style="font-weight: 400;">New South Wales</span></td>
<td><span style="font-weight: 400;">Solicitor or conveyancer, before marketing</span></td>
<td><span style="font-weight: 400;">5 business days</span></td>
<td><span style="font-weight: 400;">Solicitor or conveyancer</span></td>
</tr>
<tr>
<td><span style="font-weight: 400;">Victoria</span></td>
<td><span style="font-weight: 400;">Solicitor or conveyancer (with a section 32 statement)</span></td>
<td><span style="font-weight: 400;">3 clear business days</span></td>
<td><span style="font-weight: 400;">Solicitor or conveyancer</span></td>
</tr>
<tr>
<td><span style="font-weight: 400;">Queensland</span></td>
<td><span style="font-weight: 400;">Agent completes a standard contract; solicitor-led conveyancing</span></td>
<td><span style="font-weight: 400;">5 business days</span></td>
<td><span style="font-weight: 400;">Solicitor (conveyancers less common)</span></td>
</tr>
<tr>
<td><span style="font-weight: 400;">South Australia</span></td>
<td><span style="font-weight: 400;">Conveyancer or solicitor (with a Form 1 statement)</span></td>
<td><span style="font-weight: 400;">2 clear business days</span></td>
<td><span style="font-weight: 400;">Conveyancer or solicitor</span></td>
</tr>
<tr>
<td><span style="font-weight: 400;">Australian Capital Territory</span></td>
<td><span style="font-weight: 400;">Seller&#8217;s contract pack prepared before sale</span></td>
<td><span style="font-weight: 400;">5 business days</span></td>
<td><span style="font-weight: 400;">Solicitor or conveyancer</span></td>
</tr>
<tr>
<td><span style="font-weight: 400;">Northern Territory</span></td>
<td><span style="font-weight: 400;">Agent, conveyancer or solicitor (approved form)</span></td>
<td><span style="font-weight: 400;">4 business days, unless waived, reduced or extended by agreement</span></td>
<td><span style="font-weight: 400;">Conveyancer or solicitor</span></td>
</tr>
<tr>
<td><span style="font-weight: 400;">Tasmania</span></td>
<td><span style="font-weight: 400;">Property agent or legal representative</span></td>
<td><span style="font-weight: 400;">No general statutory cooling-off period identified for ordinary private-treaty sales; check the contract terms</span></td>
<td><span style="font-weight: 400;">Conveyancer or solicitor</span></td>
</tr>
</tbody>
</table>
<p><span style="font-weight: 400;">Two things stand out from that table for anyone used to the eastern states.</span></p>
<p><span style="font-weight: 400;">First, cooling-off. Most eastern jurisdictions give a buyer a few days to change their mind after signing a private treaty sale. WA does not. Here, once your offer is accepted and acceptance is communicated, you are bound.</span></p>
<p><span style="font-weight: 400;">Second, and this is the part people rarely connect, that lack of cooling-off is part of what makes auctions attractive over east. In states where private-treaty buyers ordinarily receive cooling-off rights, those rights generally do not apply at auction. An auction therefore gives the seller an unconditional contract with no cooling-off period once the property is knocked down to the successful bidder. That is one practical attraction of auctions in those markets, alongside others like market culture, competition and local pricing customs. WA already provides no general statutory cooling-off period on an ordinary private-treaty contract, so we reach that same certainty without needing an auction to get it, although auction and private-treaty sales still differ in other ways.</span></p>
<p><span style="font-weight: 400;">Disclosure is the other divide. Victoria has its section 32 statement, South Australia it&#8217;s Form 1, and Queensland now has a mandatory seller disclosure regime. WA has no universal vendor disclosure statement of that kind. As covered earlier, sellers and agents here still have a real duty to disclose known material facts and to avoid misleading conduct, but the process carries less compulsory paperwork before signing.</span></p>
<p><span style="font-weight: 400;">This catches people from interstate, and it catches people from overseas even more. If you have bought a home in England, the United States, or anywhere else, the process there almost certainly worked differently again. Different contract, different protections, different timing. That is the point worth holding onto. Whatever you are used to, at home or interstate, do not assume it carries over here. Western Australia has its own way of doing things, and the smartest thing any buyer from outside the state can do is treat the WA process as new, ask how it works, and get local advice before signing rather than after. That is not a criticism of how it is done anywhere else. It is simply the reality of buying here.</span></p>
<h2>Final thoughts</h2>
<p><span style="font-weight: 400;">The Offer and Acceptance contract is far more than paperwork. It records the agreement between buyer and seller. Every figure, every date, every condition, every obligation.</span></p>
<p><span style="font-weight: 400;">In Western Australia, that agreement becomes binding the moment acceptance is communicated, with no cooling-off period to fall back on. That makes understanding the contract before signing especially important in WA.</span></p>
<p><span style="font-weight: 400;">After more than two decades and more than 1,500 sales, I can tell you that most contract problems do not happen because someone was dishonest. They happen because someone did not fully understand what they were agreeing to before they signed.</span></p>
<p><span style="font-weight: 400;">If you are buying or selling in the Perth Hills and you would like someone to walk you through the process in plain English before you sign anything, get in touch. Happy to help.</span></p>
<p><i><span style="font-weight: 400;">This article provides general information only and is not legal, financial or tax advice. For advice on your specific situation, speak to a qualified professional.</span></i></p>
<p>The post <a href="https://nakedrealestate.com.au/how-the-offer-and-acceptance-process-works-in-western-australia-and-why-it-is-different-to-the-rest-of-australia/">How the Offer and Acceptance Process Works in Western Australia (and Why It Is Different to the Rest of Australia)</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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		<item>
		<title>Final Inspection in Western Australia: What It Is, and What It Isn’t</title>
		<link>https://nakedrealestate.com.au/final-inspection-in-western-australia-what-it-is-and-what-it-isnt/</link>
		
		<dc:creator><![CDATA[Brendan Leahy]]></dc:creator>
		<pubDate>Thu, 30 Jul 2026 08:49:46 +0000</pubDate>
				<category><![CDATA[Blog]]></category>
		<guid isPermaLink="false">https://nakedrealestate.com.au/?p=3108</guid>

					<description><![CDATA[<p>By Brendan Leahy, Naked Real Estate For most buyers, the final inspection is one of the most exciting parts of buying a home. Settlement is only days away, the paperwork is nearly done, and before long you will be collecting the keys.  It is also the stage where small misunderstandings can create unnecessary stress. The &#8230; <a href="https://nakedrealestate.com.au/final-inspection-in-western-australia-what-it-is-and-what-it-isnt/" class="more-link">Continue reading <span class="screen-reader-text">Final Inspection in Western Australia: What It Is, and What It Isn’t</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a href="https://nakedrealestate.com.au/final-inspection-in-western-australia-what-it-is-and-what-it-isnt/">Final Inspection in Western Australia: What It Is, and What It Isn’t</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener"><span style="font-weight: 400;">By Brendan Leahy, Naked Real Estate</span></a></p>
<p><span style="font-weight: 400;">For most buyers, the final inspection is one of the most exciting parts of buying a home. Settlement is only days away, the paperwork is nearly done, and before long you will be collecting the keys. </span></p>
<p><span style="font-weight: 400;">It is also the stage where small misunderstandings can create unnecessary stress. The good news is that a final inspection is a very simple process once you understand what it is actually for. </span></p>
<h2><span style="font-weight: 400;">What a final inspection is </span></h2>
<p><span style="font-weight: 400;">A final inspection is not another home open, and it is not another building inspection. </span></p>
<p><span style="font-weight: 400;">Its purpose is narrow and specific: to let the buyer confirm that the seller has met their obligations under the contract before settlement. In plain terms, that the property is in the same state and condition it was in when you agreed to buy it, and that the things the seller warranted to be in working order actually are. </span></p>
<p><span style="font-weight: 400;">Under the Joint Form of General Conditions used in Western Australia, the buyer is entitled to one inspection within five business days before the possession date, and the seller must give access for it. The inspection has to take place on a business day between 9am and 4pm. The buyer may be accompanied by two other people, so three of you in total.</span></p>
<p><span style="font-weight: 400;">There is also a second inspection right that many people do not know about. If your first inspection turns up something the seller has to put right under the contract, you can give </span><span style="font-weight: 400;">notice of it, and you are entitled to one further inspection to check that it has been fixed before possession.</span></p>
<p><span style="font-weight: 400;">In most cases the inspection takes about 10 to 15 minutes, depending on the size of the home. </span></p>
<h2><span style="font-weight: 400;">The defining thing: warranted services and equipment, not plug-in items </span></h2>
<p><span style="font-weight: 400;">Here is the point buyers most often get wrong. The inspection is about the services and equipment the seller has actually warranted, the electrical, gas and plumbing systems, hard-wired appliances, and the fixed and included items listed in the contract. It generally does not extend to things that are simply plugged into a power point, or to the buyer’s own belongings, or to cosmetic matters. </span></p>
<ul>
<li><span style="font-weight: 400;">So you are there to check things like: </span></li>
<li><span style="font-weight: 400;">Lights and power points work. </span></li>
<li><span style="font-weight: 400;">The hot water system works. </span></li>
<li><span style="font-weight: 400;">The oven, cooktop and rangehood work (oven lights and rangehood lights are usually excluded). </span></li>
<li><span style="font-weight: 400;">Hard-wired air conditioning operates. </span></li>
<li><span style="font-weight: 400;">Toilets flush and do not leak. </span></li>
<li><span style="font-weight: 400;">Taps run freely and there are no obvious leaks under the sinks. </span></li>
<li><span style="font-weight: 400;">The garage door works. </span></li>
<li><span style="font-weight: 400;">Gas appliances that are included operate. </span></li>
<li><span style="font-weight: 400;">A dishwasher, if it is included in the sale. </span></li>
<li><span style="font-weight: 400;">Where the home runs on a bore or rainwater, the pressure pump and water supply work. Septic systems and leach drains, where the home has them. </span></li>
</ul>
<p><span style="font-weight: 400;">Many Western Australian contracts include a Limited Warranty Annexure, under which the seller warrants that these listed items are in working order at settlement unless the contract says otherwise. That annexure is the backstop for exactly which items are covered, and it is worth reading before you inspect so you know what you are entitled to check. That list is broader than just the mains-connected services, which is why “warranted items” is the right way to think about it rather than “mains.”</span></p>
<h2><span style="font-weight: 400;">What a final inspection is not </span></h2>
<p><span style="font-weight: 400;">This is where people get confused. </span></p>
<p><span style="font-weight: 400;">It is not a chance to decide whether you still like the house. It is not the time to start picking at cosmetic things that were already there when you first inspected. You are generally not there to raise: </span></p>
<ul>
<li><span style="font-weight: 400;">Small cracks that were already visible. </span></li>
<li><span style="font-weight: 400;">The pitch of the driveway. </span></li>
<li><span style="font-weight: 400;">The way the tiles were laid. </span></li>
<li><span style="font-weight: 400;">Minor wear and tear. </span></li>
<li><span style="font-weight: 400;">Leaves that blew into the gutters overnight. </span></li>
<li><span style="font-weight: 400;">Anything else that was part of the property when you decided to buy it. </span></li>
</ul>
<p><span style="font-weight: 400;">Remember, you are not buying a brand-new home. Many homes throughout the Perth Hills and Foothills are 40, 50, even 100 years old. Older homes have character, quirks and signs of age. Those things do not suddenly become contractual issues because settlement is close. The standard is simple: the home should be in the same state and condition it was in when you agreed to buy it. </span></p>
<h2><span style="font-weight: 400;">One lesson I have never forgotten </span></h2>
<p><span style="font-weight: 400;">Years ago I sold a lovely home in the hills to a young couple. They loved it. Before they made their offer, the buyer’s mother and stepfather looked through it and were very happy. </span></p>
<p><span style="font-weight: 400;">Come the final inspection, though, another family member turned up who had not been involved in the purchase at all. Within minutes he was pointing out leaves in the gutters, complaining the driveway was too steep, and finding fault with all sorts of things that had never been raised before. </span></p>
<p><span style="font-weight: 400;">By the end of it the young buyer looked deflated. He genuinely felt he had made a terrible mistake. The reality was that nothing had changed. The home was exactly what he had agreed to buy. It was simply a case of someone else’s opinions overshadowing what should have been one of the happiest days of his life. </span></p>
<p><span style="font-weight: 400;">Family and friends almost always mean well. But too many opinions at the final inspection can create doubts where there were none. </span></p>
<p><span style="font-weight: 400;">If you find something that genuinely needs attention</span></p>
<p><span style="font-weight: 400;">Occasionally something real does turn up. If it does, do not argue with the seller and do not try to negotiate in the driveway. Do not try to sort out who is right or wrong on the spot. </span></p>
<p><span style="font-weight: 400;">Make a note of it and email it to both your settlement agent and your selling agent. Your settlement agent will deal with the seller’s settlement agent, and the matter gets handled under the terms of the contract. That process protects both sides and takes the emotion out of it. </span></p>
<p><span style="font-weight: 400;">Sellers have responsibilities too </span></p>
<h2><span style="font-weight: 400;">The final inspection is not only about buyers. </span></h2>
<p><span style="font-weight: 400;">If you are selling and you know something has stopped working before settlement, do not hope nobody notices. This is not the moment to say the air conditioner has not worked for years, or that the hallway light stopped working, or that the bore pump failed last week. </span></p>
<p><span style="font-weight: 400;">If those items are covered by the contract or the warranty you have given, they generally need to be repaired before settlement, or the parties agree an appropriate price adjustment through their settlement agents. It is almost always easier to organise repairs before the inspection than to scramble for tradespeople in the last few days. </span></p>
<h2><span style="font-weight: 400;">My advice to every seller </span></h2>
<p><span style="font-weight: 400;">Before the final inspection, have an electrician go through the home. Make sure every light and every power point works and the hard-wired appliances operate. It is a small cost that removes a lot of last-minute stress. </span></p>
<p><span style="font-weight: 400;">Before settlement, sellers should make sure the property complies with Western Australia’s smoke alarm and RCD laws. In most residential sales that means compliant mains-powered smoke alarms that are in working order and less than 10 years old, together with the required RCD protection on the power and lighting circuits. If you are not sure whether your property complies, have a licensed electrician check it well before the final inspection. </span></p>
<p><span style="font-weight: 400;">One myth worth clearing up. Selling an older home does not mean every hard-wired appliance, the oven, the air conditioner, the hot water system, has to be put on an RCD. That broader requirement applies to new electrical work, not to every existing house at the point of sale. A licensed electrician can tell you exactly what your home needs, and it is often less than people fear. </span></p>
<p><span style="font-weight: 400;">WA law does not require an electrical compliance certificate, but I recommend getting one anyway. It is independent evidence that the smoke alarms and RCDs were checked before settlement, and it protects you if a question is ever raised later.</span></p>
<h2><span style="font-weight: 400;">A note for hills properties </span></h2>
<p><span style="font-weight: 400;">Selling throughout Bedfordale, Roleystone, Mount Richon and the Kelmscott hills often involves equipment that many city homes do not have. If the property relies on a rainwater tank, a pressure pump, a household bore, a septic system or similar, those systems are part of how the home runs. If they are included in the sale, the buyer is entitled to expect them to be working at settlement. </span></p>
<p><span style="font-weight: 400;">That includes the bore. If a home is sold with a working bore, the seller cannot say at the last minute that it stopped working a few weeks ago and leave it there. It needs to be repaired before settlement, or an adjustment made so the buyer can sort it afterwards. </span></p>
<h2><span style="font-weight: 400;">Do not expect a display home </span></h2>
<p><span style="font-weight: 400;">By the time you do your final inspection, the sellers are usually in the middle of moving. There may be boxes stacked everywhere, furniture already gone, cupboards empty. The home may not look as neat as it did at the home open. That is completely normal. The question is not whether the house is beautifully presented. It is whether the seller has met their obligations under the contract. </span></p>
<h2><span style="font-weight: 400;">The bottom line </span></h2>
<p><span style="font-weight: 400;">A final inspection should be one of the more enjoyable parts of buying a home. In most cases it takes less than fifteen minutes. If buyers understand what they are checking, sellers prepare properly, and everyone follows the contract, there is usually very little to worry about. </span></p>
<p><span style="font-weight: 400;">After all, the next time you walk into the property should be to collect the keys and start the next chapter. </span></p>
<p>Please feel free to view or download our Final Inspection Checklist by clicking on the PDF icon below:</p>
<p><a href="https://nakedrealestate.com.au/wp-content/uploads/2026/07/REPS-NRE-Final-Inspection-Checklist.pdf" target="_blank" rel="noopener"><img data-dominant-color="e6b4ae" data-has-transparency="true" style="--dominant-color: #e6b4ae;" loading="lazy" decoding="async" class="wp-image-3109 alignnone has-transparency" src="https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf.png" alt="" width="93" height="93" srcset="https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf.png 512w, https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf-300x300.png 300w, https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf-150x150.png 150w, https://nakedrealestate.com.au/wp-content/uploads/2026/07/pdf-100x100.png 100w" sizes="(max-width: 93px) 100vw, 93px" /></a></p>
<p><i><span style="font-weight: 400;">This article is general information only and is not legal advice. Every contract is different. If you are unsure about your rights or obligations, speak to your settlement agent or a lawyer before settlement. </span></i></p>
<p>The post <a href="https://nakedrealestate.com.au/final-inspection-in-western-australia-what-it-is-and-what-it-isnt/">Final Inspection in Western Australia: What It Is, and What It Isn’t</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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		<title>The Five Questions Every Seller Should Ask Before Signing With Any Agent</title>
		<link>https://nakedrealestate.com.au/the-five-questions-every-seller-should-ask-before-signing-with-any-agent/</link>
		
		<dc:creator><![CDATA[Brendan Leahy]]></dc:creator>
		<pubDate>Fri, 24 Jul 2026 04:44:47 +0000</pubDate>
				<category><![CDATA[Blog]]></category>
		<guid isPermaLink="false">https://nakedrealestate.com.au/?p=2878</guid>

					<description><![CDATA[<p>Article written by Brendan Leahy There is a question almost nobody asks their agent, and it is the one I would ask first if I were selling.  Do you, or anyone connected to you, have any interest in buying my home?  Most of the time the answer is a straightforward no, and that is the &#8230; <a href="https://nakedrealestate.com.au/the-five-questions-every-seller-should-ask-before-signing-with-any-agent/" class="more-link">Continue reading <span class="screen-reader-text">The Five Questions Every Seller Should Ask Before Signing With Any Agent</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a href="https://nakedrealestate.com.au/the-five-questions-every-seller-should-ask-before-signing-with-any-agent/">The Five Questions Every Seller Should Ask Before Signing With Any Agent</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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										<content:encoded><![CDATA[<p><span style="font-weight: 400;">Article written by <a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener">Brendan Leahy</a></span></p>
<p><span style="font-weight: 400;">There is a question almost nobody asks their agent, and it is the one I would ask first if I were selling. </span></p>
<p><span style="font-weight: 400;">Do you, or anyone connected to you, have any interest in buying my home? </span></p>
<p><span style="font-weight: 400;">Most of the time the answer is a straightforward no, and that is the end of it. But it is worth asking out loud, and it is worth understanding why, because an agent’s job is to get you the highest price, and a buyer’s job is to pay the lowest. Nobody can genuinely do both at once. The moment those two roles sit in the same person, your interests and theirs are pulling in opposite directions.</span></p>
<p><span style="font-weight: 400;">That is not a small technicality. It goes to the heart of the relationship between a seller and their agent. </span></p>
<h2><span style="font-weight: 400;">Where it matters most </span></h2>
<p><span style="font-weight: 400;">This matters most when the seller is not in a position to fight for themselves. An elderly owner selling alone. Someone selling after their partner has passed. A family dealing with a deceased estate from another state. A home that has been let go and the owner is tired and just wants it over with. </span></p>
<p><span style="font-weight: 400;">Those are the exact situations where an honest agent should be doing more to protect you, not less. </span></p>
<h2><span style="font-weight: 400;">What the rules actually say in Western Australia </span></h2>
<p><span style="font-weight: 400;">You do not have to take my word for any of this. It is in the law. </span></p>
<p><span style="font-weight: 400;">Agents in WA operate under the Real Estate and Business Agents Act 1978 and a Code of Conduct. A few things sit at the heart of it: </span></p>
<p><span style="font-weight: 400;">An agent is required to act in your best interests, to comply with the Real Estate and Business Agents Act and the Code of Conduct, and to properly manage any conflict of interest. </span></p>
<p><span style="font-weight: 400;">An agent must act fairly and honestly, exercise due skill, care and diligence, and must not engage in misleading, deceptive, harsh or unconscionable conduct. </span></p>
<p><span style="font-weight: 400;">Conflicts of interest must be disclosed. Consumer Protection WA is explicit that where a conflict arises, an agent has to disclose it and obtain consent. </span></p>
<p><span style="font-weight: 400;">And it is stronger than most people realise. Section 64 of the Real Estate and Business Agents Act 1978, headed “Conflicts of interest of agents”, says an agent must not have any interest, direct or indirect, in a transaction they are acting in, unless the client has </span></p>
<p><span style="font-weight: 400;">given prior written consent. There is a penalty for breaching it, and a court can order the agent to hand over any profit they made. In other words, the law already forbids the exact thing this article is about, unless you have signed off on it in advance. </span></p>
<p><span style="font-weight: 400;">And this is the part most people miss: consent does not wipe the slate clean. Even after a conflict is disclosed and consented to, the agent must still act in your best interests, and your consent does not stop you pursuing a claim later if you have been disadvantaged. </span></p>
<p><span style="font-weight: 400;">So the framework is there to protect you. What it relies on is you knowing to ask, and the agent being straight with you.</span></p>
<h2><span style="font-weight: 400;">The five questions worth asking any agent </span></h2>
<p><span style="font-weight: 400;">Ask them of me. Ask them of anyone you are considering. Save this list, or send it to whoever is helping you decide. </span></p>
<ol>
<li><span style="font-weight: 400;"> Do you, your family, your staff, or any company you are connected to have any interest in buying my property? </span></li>
<li><span style="font-weight: 400;"> Will you tell me about every genuine offer that comes in, not just the ones you think I should take? </span></li>
<li><span style="font-weight: 400;"> If a conflict of interest ever arises, exactly how will you handle it? </span></li>
<li><span style="font-weight: 400;"> Would you recommend I get independent legal advice if anyone connected to your agency ever wanted to buy my property? </span></li>
<li><span style="font-weight: 400;"> Can my family sit in on our meetings and contact you directly? </span></li>
</ol>
<p><span style="font-weight: 400;">You are entitled to a clear answer to every one of those. If any of them get a vague answer, or a “don’t worry about that”, that is your answer. </span></p>
<h2><span style="font-weight: 400;">Our policy, in writing </span></h2>
<p><span style="font-weight: 400;">I will put ours on the record, because I think you should be able to hold us to it. </span></p>
<p><span style="font-weight: 400;">Our standing policy is simple. Naked Real Estate® does not buy the properties we are engaged to sell. Not personally, not through family, not through a company. </span></p>
<p><span style="font-weight: 400;">If some exceptional circumstance ever arose, we would not lean on a signature and call it fair. It would require full written disclosure, an independent licensed valuation obtained independently of us, independent legal advice for the seller, and a purchase price no lower than ten per cent above that valuation. Depending on the situation, we would also consider stepping aside as the selling agent altogether, so the owner has completely independent representation. In more than two decades, that situation has arisen once. </span></p>
<p><span style="font-weight: 400;">Why ten per cent above an independent valuation, rather than at it? Because if there is even a hint that the person selling your home might benefit from it going cheaply, the only fair answer is to remove the incentive entirely, and then some. A discount is exactly what should never happen. </span></p>
<p><span style="font-weight: 400;">I would rather tell you all of that up front than have you wonder. </span></p>
<h2><span style="font-weight: 400;">Bring your family into the room </span></h2>
<p><span style="font-weight: 400;">Here is the other half of it, and I mean this genuinely.</span></p>
<p><span style="font-weight: 400;">If your children, your family or your friends want to be part of the conversation, bring them. If they want to sit with us and go through everything together, or ring me directly and ask me whatever they like, that is fine by me any time. I will happily explain the price, the strategy, the fee and the process to anyone you want in the room. </span></p>
<p><span style="font-weight: 400;">An agent who wants you on your own is telling you something. An agent with nothing to hide has no reason to mind who is listening. </span></p>
<h2><span style="font-weight: 400;">If something does not feel right </span></h2>
<ul>
<li><span style="font-weight: 400;">You have somewhere to go, and you should use it. </span></li>
<li><span style="font-weight: 400;">You can check whether an agent is licensed, and their status, through Consumer Protection WA. </span></li>
<li><span style="font-weight: 400;">You can make a complaint to Consumer Protection WA if you believe an agent has breached their obligations. </span></li>
<li><span style="font-weight: 400;">Complaints can be referred to the State Administrative Tribunal, which has power to discipline agents, including reprimands, fines, and suspending or cancelling a licence or registration. </span></li>
<li><span style="font-weight: 400;">If real money is at stake, see a lawyer. Do not just hope it works out. </span></li>
</ul>
<h2><span style="font-weight: 400;">Why I have bothered writing this </span></h2>
<p><span style="font-weight: 400;">Most agents you deal with in these hills are decent people doing an honest job. This is not a piece about them. </span></p>
<p><span style="font-weight: 400;">It is a piece about the fact that you are selling the biggest asset you own, often at the hardest moment of your life, and you should not have to take anyone’s character on faith. Ask the question. Get the answer. Write it down. </span></p>
<p><span style="font-weight: 400;">Our whole business is built on being able to answer questions like these without flinching. If you are thinking of selling in the Perth Hills and you want a straight conversation about what your home is worth and how we would go about it, with whoever you like in the room, get in touch. </span></p>
<p><span style="font-weight: 400;">Ask the question. Get the answer. Write it down. The right agent will not be offended by any of it. They will expect it. </span></p>
<p><a href="#"><span class="popmake-2893">Book a free, no-obligation appraisal</span></a></p>
<h3><span style="font-weight: 400;">Important note </span></h3>
<p><span style="font-weight: 400;">This article is general information about a seller’s position in Western Australia. It is not legal advice and does not take your circumstances into account. Rules and codes change, so check the current requirements with Consumer Protection WA, and if you are concerned about a transaction, seek advice from a qualified lawyer.</span></p>
<p>The post <a href="https://nakedrealestate.com.au/the-five-questions-every-seller-should-ask-before-signing-with-any-agent/">The Five Questions Every Seller Should Ask Before Signing With Any Agent</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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		<title>Downsizing in the Perth Hills: Don’t Leave It Too Long</title>
		<link>https://nakedrealestate.com.au/downsizing-perth-hills/</link>
		
		<dc:creator><![CDATA[Brendan Leahy]]></dc:creator>
		<pubDate>Tue, 21 Jul 2026 03:57:32 +0000</pubDate>
				<category><![CDATA[Blog]]></category>
		<guid isPermaLink="false">https://nakedrealestate.com.au/?p=2783</guid>

					<description><![CDATA[<p>By Brendan Leahy, Naked Real Estate®   I have sat in a lot of kitchens over more than two decades in these hills, having the same conversation. It usually starts with someone quietly saying, “the place is getting a bit much.” And it usually ends with them deciding to think about it for another year.  &#8230; <a href="https://nakedrealestate.com.au/downsizing-perth-hills/" class="more-link">Continue reading <span class="screen-reader-text">Downsizing in the Perth Hills: Don’t Leave It Too Long</span> <span class="meta-nav">&#8594;</span></a></p>
<p>The post <a href="https://nakedrealestate.com.au/downsizing-perth-hills/">Downsizing in the Perth Hills: Don’t Leave It Too Long</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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										<content:encoded><![CDATA[<p><i><span style="font-weight: 400;"><a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener">By Brendan Leahy, Naked Real Estate® </a> </span></i></p>
<p><span style="font-weight: 400;">I have sat in a lot of kitchens over more than two decades in these hills, having the same conversation. It usually starts with someone quietly saying, “the place is getting a bit much.” And it usually ends with them deciding to think about it for another year. </span></p>
<p><span style="font-weight: 400;">I understand why. But if there is one thing I could tell every hills family, it is this: the hardest part of downsizing is not the move. It is the timing. </span></p>
<h2><span style="font-weight: 400;">You are not selling a house </span></h2>
<p><span style="font-weight: 400;">Let’s be honest about what is really going on, because the practical stuff is not what stops people. </span></p>
<p><span style="font-weight: 400;">You look out at the backyard and you see the spot where your son came off the swing and split his knee open. You see where the dog used to tear around. You see the 21st, the wedding, the Christmases where the whole family somehow fitted around one table. That is not a floor plan. That is your life. </span></p>
<p><span style="font-weight: 400;">Nobody sells that easily. Anyone who tells you it is just a house has not been doing this long enough. </span></p>
<h2><span style="font-weight: 400;">Why the hills make this harder than most places </span></h2>
<p><span style="font-weight: 400;">This is not a general downsizing article, because our situation here is genuinely different. </span></p>
<p><span style="font-weight: 400;">Our blocks are big. Half an acre in Mount Nasura or Mount Richon, a bigger original block up in the Kelmscott hills, acreage in Bedfordale or Roleystone with a paddock and a shed. That is exactly why you moved here, and it is exactly what becomes unmanageable first. A courtyard on a cottage block does not do this to you. Half an acre on a slope does. </span></p>
<p><span style="font-weight: 400;">And the public transport is what it is. It exists, but it was never built for someone who cannot drive. So if a licence goes, or driving gets hard, the shops and the doctor and the family suddenly depend on cabs, an Uber, or someone else’s schedule. In a lot of Perth you can age in place. Out here it is a harder proposition, and it is worth being honest with yourself about that while you still have every option open. </span></p>
<h2><span style="font-weight: 400;">The honest case for staying </span></h2>
<p><span style="font-weight: 400;">I am not going to pretend this only runs one way, because it does not. </span></p>
<p><span style="font-weight: 400;">If you are well, if the place is still manageable with a bit of help, and if living here is the thing that gets you out of bed, then staying is a perfectly good decision. Moving costs money. It costs energy. It costs the thing you cannot price, which is thirty years of knowing exactly where everything is and who everyone is. Plenty of people have looked at all of it and decided the trade is not worth it, and they were right for them. </span></p>
<p><span style="font-weight: 400;">So the question is not whether staying is valid. It is whether you are choosing it, or drifting into it. Those feel identical from the inside and they end up in very different places. </span></p>
<h2><span style="font-weight: 400;">What the waiting actually costs </span></h2>
<p><span style="font-weight: 400;">There comes a point where a property gets away from you. It is never one big moment. It is gradual. </span></p>
<p><span style="font-weight: 400;">The gutters do not get done. Then the roof gets a couple of leaks that do not get fixed straight away. The paint goes. The garden gets ahead of you, and then the cuttings pile up out the back because there is no easy way to shift them. </span></p>
<p><span style="font-weight: 400;">And the house fills up. This is the one nobody thinks about. Every year seems to add another cupboard, another box in the roof space, another corner of the shed. Sorting through forty years of it is hard enough. Sorting through forty-five is harder again, and you will have less energy for it then than you have today. </span></p>
<p><span style="font-weight: 400;">Meanwhile the home is quietly losing ground against every other property on the market. Not because the market moved. Because it stopped being maintained, and buyers price that in fast. I have walked into homes that were immaculate five years ago and are now worth a lot less than they should be,</span></p>
<p><span style="font-weight: 400;">for no other reason than time and tiredness. </span></p>
<p><span style="font-weight: 400;">And at the other end, the place you would be moving into, the lower-maintenance home, the unit, the villa, is not waiting for you. In my experience those homes have not got any easier to buy. </span></p>
<p><span style="font-weight: 400;">So the gap can widen from both ends. That is the part that sneaks up on people. </span></p>
<h2><span style="font-weight: 400;">“The kids will help” </span></h2>
<p><span style="font-weight: 400;">I hear this a lot, and it is almost always said with complete sincerity by everyone involved. </span></p>
<p><span style="font-weight: 400;">The kids genuinely mean it. But they have jobs, and their own kids, and some of them are fly in fly out, and some of them live an hour away. So the help that was going to be every weekend becomes once a month, and once a month does not maintain a half-acre block in the hills. That is not a criticism of anyone. It is just what life does. </span></p>
<p><span style="font-weight: 400;">I have also had children tell their parents not to sell, because it is still their family home too. That comes from a good place. But wanting the house to stay in the family is not the same as being able to look after it, and mum and dad are the ones living with the difference. </span></p>
<h2><span style="font-weight: 400;">Bring your family into it. Please. </span></h2>
<p><span style="font-weight: 400;">This is something I say to everyone, so I will say it here too, and I mean it as an open invitation. </span></p>
<p><span style="font-weight: 400;">If your children, your family or your friends want to be part of this conversation, bring them. If they want to sit down and go through it all together, or ring me themselves and ask me anything at all, I have no problem with that at any time. Just let me know. </span></p>
<p><span style="font-weight: 400;">This is not a decision anyone should be making alone in a kitchen with an agent they have just met. The more people who love you that are in the room, the better the decision usually is. I have never once minded being asked hard questions by someone’s daughter. </span></p>
<h2><span style="font-weight: 400;">The people who love you, and love your house </span></h2>
<p><span style="font-weight: 400;">Here is one almost nobody talks about, and I want to be careful how I say it. </span></p>
<p><span style="font-weight: 400;">You have wonderful friends who come up for morning tea. They sit on the verandah, they look out at the trees and the view, and they say, “oh, don’t sell this, it’s beautiful. Why would you ever leave?” </span></p>
<p><span style="font-weight: 400;">They mean every word, and they are not wrong. They can see something real. This place is beautiful, and they know you, and their view belongs in the room. </span></p>
<p><span style="font-weight: 400;">Just be clear about what they are weighing. They get the cuppa, the birds, the view on a perfect morning. They are not there for the gutters, the roof, the ride-on that will not start, or the days when the place quietly asks more of you than you have got. They see the best of it. You live all of it. </span></p>
<p><span style="font-weight: 400;">So take their love for what it is, which is real, and listen to them properly. Just make sure the person carrying the work gets a say too, and that person is you. </span></p>
<h2><span style="font-weight: 400;">The part people do not say out loud </span></h2>
<p><span style="font-weight: 400;">There is a fear underneath all of this that has nothing to do with money. </span></p>
<p><span style="font-weight: 400;">If I move, I have to make new friends. At my age. Will they like me? Will I like them? Do I even want to start again? You have known your neighbours for thirty years. You know which checkout person asks after your grandkids. </span></p>
<p><span style="font-weight: 400;">That is real, and it deserves to be taken seriously rather than brushed aside. But it is also worth asking honestly whether it is easier to build that new life at seventy or at eighty-five. From what I have seen, the difficulty of change does not stay flat. </span></p>
<p><span style="font-weight: 400;">And when one partner passes and the other is left in a house they built a life in together, everything gets harder again. There is guilt in leaving. There is guilt in staying. There is nothing simple about it, and there is no version of this where a stranger should be pushing you. </span></p>
<h2><span style="font-weight: 400;">So what do I actually reckon? </span></h2>
<p><span style="font-weight: 400;">Not advice. Just the pattern I have watched for more than two decades. </span></p>
<p><span style="font-weight: 400;">The people who do this well tend to move six or twelve months before they had to. While they are well. While they can still drive. While they can still walk the block and make the decisions themselves and enjoy the place they move to. They sold a home in good condition, they had choices, and they had a bit of fun with the next chapter. </span></p>
<p><span style="font-weight: 400;">The people who struggle are the ones who waited for a reason to move. Because by the time the reason arrives, it is often a health event, and now you are making a very big decision in the worst possible circumstances, with a house that needs work and no time to do it. </span></p>
<p><span style="font-weight: 400;">A change of mind is fine, by the way. I have had people go back and forth for months, and that is completely normal. This is not a transaction, it is an upheaval. Anyone who rushes you through it should not be in your kitchen.</span></p>
<h2><span style="font-weight: 400;">Where to start: a checklist for the kitchen table </span></h2>
<p><span style="font-weight: 400;">You do not have to decide anything today. But these are the questions worth sitting down with, together, before the years decide for you. Do we actually know what this place is worth today, or are we guessing? </span></p>
<ul>
<li><span style="font-weight: 400;">Have we been honest about what the block needs each month, and who is really doing it? </span></li>
<li><span style="font-weight: 400;">If we stay, what has to change to make staying work, and who is doing that? </span></li>
<li><span style="font-weight: 400;">If we move, what does the next chapter actually look like? Not the address. The days. </span></li>
<li><span style="font-weight: 400;">What would the next place realistically cost, and what would be left over? </span></li>
<li><span style="font-weight: 400;">Have we spoken to a financial adviser about how a move affects our position? </span></li>
<li><span style="font-weight: 400;">Have we had one conversation with the family all together, rather than five different phone calls? </span></li>
<li><span style="font-weight: 400;">Are we choosing to stay, or just putting it off again? </span></li>
</ul>
<p><i><span style="font-weight: 400;">This is a starting point for conversations with your family and your financial adviser. It is not a substitute for their advice. </span></i></p>
<h2><span style="font-weight: 400;">Where I fit in </span></h2>
<p><span style="font-weight: 400;">I am not going to tell you to sell. I have talked people out of it more than once, because it was not the right time for them. That is not a line. It is the job. </span></p>
<p><span style="font-weight: 400;">What I will do is give you a straight answer about what it is worth today, what it would take to present it properly, and what the realistic options look like, so you can make the decision with real information instead of guesswork. Then you take that to your family, your accountant and your financial adviser, who are the right people for the money and the aged-care side of it. </span></p>
<p><span style="font-weight: 400;">No pressure, no obligation, and no timeline from me. If the answer is “not yet”, that is a perfectly good answer. At least it is a decision you made, rather than one the years made for you. </span></p>
<p><span style="font-weight: 400;">If you are in the hills and you have started wondering about it, even quietly, that is usually the sign it is worth a conversation. <a href="https://nakedrealestate.com.au/book-a-free-appraisal/" target="_blank" rel="noopener">Book a free, no-obligation appraisal</a> or just <a href="tel:0862546333">give me a call</a> for a chat. </span></p>
<p><strong>Truth. Strategy. Sold. </strong></p>
<h2><span style="font-weight: 400;">Send this to someone who needs it </span></h2>
<p><span style="font-weight: 400;">If this sounds like someone in your family, send it to them. Sometimes the hardest conversation is not about selling. It is about knowing when to start talking. </span></p>
<h2><span style="font-weight: 400;">Frequently asked questions </span></h2>
<h3><span style="font-weight: 400;">When is the right time to downsize? </span></h3>
<p><span style="font-weight: 400;">There is no single right age. From what I have seen in the hills, the people who do it well tend to move while they are still well and still driving, six or twelve months before they had to, rather than waiting for a reason. The people who struggle are usually the ones who waited, because the reason that finally arrives is often a health event, and that is the worst possible time to be making a big decision. </span></p>
<h3><span style="font-weight: 400;">Is it better to downsize early or wait? </span></h3>
<p><span style="font-weight: 400;">Waiting is a perfectly valid choice if you are well, the place is manageable and living there is what you want. The risk is not waiting itself, it is drifting rather than choosing. A home that stops being maintained loses ground against the market quickly, and the lower-maintenance homes people move into have not got any easier to buy. </span></p>
<h3><span style="font-weight: 400;">What happens to a big hills block when it stops being maintained? </span></h3>
<p><span style="font-weight: 400;">It is gradual and it is expensive. Gutters, roof, paint and garden all slip, and buyers price that in fast. I have walked into homes that were immaculate five years earlier and were worth a lot less than they should have been, for no reason other than time and tiredness. </span></p>
<h3><span style="font-weight: 400;">Should my family be involved in the conversation? </span></h3>
<p><span style="font-weight: 400;">Yes, and I actively encourage it. Bring your children, your family or your friends, or have them ring me directly and ask me anything. Nobody should be making this decision alone in a kitchen with an agent they have just met. </span></p>
<p><span style="font-weight: 400;">About the author: <a href="https://nakedrealestate.com.au/about/our-team/brendan-leahy/" target="_blank" rel="noopener">Brendan Leahy</a> has been selling homes across the Perth Hills and Foothills since 2002, with more than 1,500 personal sales. [Link to author page.]</span></p>
<p><i><span style="font-weight: 400;">This article is general information based on my experience as a local agent. It is not financial, legal or aged-care advice, and it does not take your circumstances into account. Decisions about downsizing, retirement living, pensions and aged care should be made with a qualified financial adviser and, where relevant, a lawyer.</span></i></p>
<p>The post <a href="https://nakedrealestate.com.au/downsizing-perth-hills/">Downsizing in the Perth Hills: Don’t Leave It Too Long</a> appeared first on <a href="https://nakedrealestate.com.au">Naked Real Estate: Real Estate Agency Perth, WA</a>.</p>
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