What Does a Settlement Agent Do? (vs a Solicitor)

You’re buying or selling a home in Perth, someone’s told you to “get a settlement agent,” and you’re quietly wondering: what does a settlement agent actually do — and is that the same as a solicitor? It’s a fair question, and an important one to get right.

The short answer: a settlement agent (also called a licensed conveyancer) manages the legal transfer of property ownership when you buy or sell. In WA, that means carrying out searches, preparing and checking documents, calculating financial adjustments, attending to transfer duty, liaising with your bank, and completing settlement. A solicitor can do this too — and also gives broader legal advice and handles disputes.

Key takeaways

• A settlement agent (licensed conveyancer) handles the property settlement — the process of legally transferring ownership from seller to buyer.
• In WA, settlement agents are licensed under the Settlement Agents Act 1981 and overseen by Consumer Protection.
• A solicitor can also handle settlements, but additionally provides legal advice and can act in disputes or court matters.
• For a standard residential sale or purchase, most Western Australians use a licensed settlement agent; for complex or contested legal issues, a solicitor.
• A point of difference for us: our team also includes Farris Faris, a senior lawyer and barrister — so you get settlement-agent service with experienced legal know-how on hand.

What does a settlement agent do, day to day?

Think of your settlement agent as the person who handles all the moving parts between signing the contract and getting the keys. For a typical Perth purchase or sale, that includes:

• Reviewing the contract and key dates so you know what’s due and when.
• Conducting searches and enquiries on the property and title (for example, with Landgate, the WA land registry) to check for anything that affects you.
• Preparing and checking the transfer documents that legally move ownership.
• Calculating adjustments — splitting council rates, water rates, strata levies and land tax fairly between buyer and seller.
• Liaising with your bank or lender and the other party’s representative so finance and documents line up.
• Attending to transfer duty (stamp duty), which must be handled before the transfer can be registered.
• Completing settlement — these days usually electronically through PEXA (the online platform used for e-conveyancing) — and seeing the transfer registered.

In short, we do the careful, behind-the-scenes work so your purchase or sale settles correctly and on time.

Are settlement agents regulated in WA?

Yes — and this is worth knowing, because it’s part of what protects you. In Western Australia, settlement agents are licensed and overseen by Consumer Protection under the Settlement Agents Act 1981. To hold and keep a licence, an agent must:

• hold a current licence and triennial certificate (renewed every three years), subject to good character and suitability checks;
• carry professional indemnity and fidelity insurance; and
• complete ongoing professional development to stay current with the law.

Consumer Protection also maintains a fidelity guarantee scheme that can help reimburse clients in certain circumstances. And it’s actually an offence to call yourself a licensed settlement agent if you’re not one. The takeaway: when you use a licensed agent, you’re dealing with a regulated professional — not just anyone.

Settlement agent vs solicitor: what’s the difference?

Both a licensed settlement agent and a solicitor can handle a property settlement in WA. The difference is scope.

When a settlement agent is the right fit

For most everyday residential transactions — buying or selling a home, or a straightforward transfer — a licensed settlement agent is who Western Australians typically use. It’s focused, practical work, and it’s what we do every day.

When you might want a solicitor

If your situation involves a legal dispute, the risk of litigation, unusual ownership structures, or complex questions about your legal rights, a solicitor is better placed to advise and, if needed, represent you. Some contested or complicated deceased estate matters can fall into this category too.

A good settlement agent knows where that line sits. If something in your matter calls for legal advice beyond the settlement itself, we’ll tell you — and make sure you get the right help, rather than press on regardless.

A point of difference for us

Here’s where we’re a little different from many settlement agencies. Our team includes Farris Faris, a senior lawyer and barrister. That means you get the focused, practical service of a licensed settlement agent, with the reassurance of serious legal experience close by if your matter ever calls for it.

How we work with you

We handle the settlement side from start to finish, keep you updated in plain English, and flag anything that needs a solicitor or accountant. You shouldn’t need a law degree to buy or sell your home — that’s our job, not yours.

Frequently asked questions

What does a settlement agent do in WA? A settlement agent (licensed conveyancer) manages the transfer of property ownership: checking and preparing documents, carrying out searches, calculating adjustments, attending to transfer duty, liaising with your bank, and completing settlement. In WA, they’re licensed under the Settlement Agents Act 1981.

Do I need a settlement agent or a solicitor? For a standard residential purchase or sale, a licensed settlement agent is who most Western Australians use. If your matter involves a dispute, litigation or complex legal questions, a solicitor is the better fit — and a good settlement agent will tell you when that’s the case.

Are settlement agents regulated in WA? Yes. Settlement agents are licensed and overseen by Consumer Protection under the Settlement Agents Act 1981. They must hold a current licence and triennial certificate, carry professional indemnity and fidelity insurance, and complete ongoing professional development.

Can a settlement agent give me legal advice? A settlement agent handles the settlement transaction itself, not broader legal advice. If you need advice on a dispute, your legal rights in a complex situation, or court representation, that’s a solicitor’s role.

Does RG Settlements have a lawyer on the team? Yes. Alongside our settlement work, our team includes Farris Faris, a senior lawyer and barrister — a point of difference that means experienced legal know-how is close at hand when a matter calls for it.

Talk to a local settlement team

If you’re buying or selling in Perth and want a clear, friendly explanation of how your settlement will work, we’re happy to help. We’re a licensed settlement agency in Victoria Park, looking after Western Australians through every step. Get in touch and we’ll walk you through it.

This article is general information only and not legal or financial advice. For advice about your specific situation, please get in touch with our team.