WA settlement agent engagement and verification checklist
In Western Australia, property conveyancing is typically handled by licensed settlement agents rather than solicitors. The Settlement Agents Act 1981 (WA) regulates licensing, trust accounts, and professional conduct. This checklist ensures due diligence when engaging a settlement agent for a residential or commercial transaction.
This is a 12-step checklist for engaging and verifying a licensed settlement agent in Western Australia under the Settlement Agents Act 1981 (WA), covering licensing, trust accounts, and electronic settlement readiness.
The checklist
Verify current licence
Confirm the settlement agent holds a current triennial certificate issued under the Settlement Agents Act 1981 (WA) by searching the DMIRS public register.
Check for disciplinary history
Search the State Administrative Tribunal decisions and DMIRS public records for any disciplinary action against the agent.
Confirm professional indemnity insurance
Verify the agent holds current professional indemnity insurance as required by the Settlement Agents Act regulations.
Confirm trust account compliance
Confirm the agent maintains a trust account with an authorised deposit-taking institution and has passed the most recent annual audit.
Review fee disclosure
Obtain a written fee disclosure statement from the agent before engagement, including itemised fees, disbursements, and any third-party charges.
Confirm PEXA subscriber status
Verify the agent is a registered PEXA subscriber and can complete electronic settlement through the PEXA platform as required for most WA transactions.
Sign agency agreement
Execute a written agency agreement specifying the scope of work, estimated timeframe, fees, and obligations of both parties.
Confirm title search capability
Confirm the agent has access to Landgate for conducting title searches, plan searches, and survey searches in WA.
Verify stamp duty calculation capacity
Confirm the agent can correctly calculate and lodge transfer duty with the WA Office of State Revenue, including any concessions or exemptions.
Check conflict of interest
Confirm the agent has no conflict of interest, including acting for both parties in the same transaction without written consent.
Confirm settlement booking process
Agree on the settlement booking process, including who initiates the PEXA workspace and the expected settlement timeline.
Confirm post-settlement obligations
Confirm the agent will attend to post-settlement tasks including registration of transfer, release of deposit, and notification to relevant authorities.
When this checklist applies
Use when engaging a settlement agent for a WA property transaction, whether acting for the buyer or seller.
Common pitfalls
- Engaging an unlicensed or lapsed-licence agent
- No written fee disclosure before engagement
- Agent not registered as a PEXA subscriber causing settlement delays
- Failing to check for disciplinary history or complaints
- Assuming the agent will handle stamp duty concession applications without instruction
Run this checklist on a real matter
Quillio can flag licensing checks, generate engagement letter templates, and track settlement timelines across WA transactions. See /practice-areas/conveyancing or start a free trial.
General WA settlement agent guidance only. Licensing and regulatory requirements may change — verify current requirements with DMIRS.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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