You’ve found the place, made an offer “subject to finance,” and now you’re wondering what you’ve actually committed to. Can you still walk away if the loan doesn’t come through? Do you get your deposit back? It’s one of the most common worries we hear from Perth buyers, so let’s make it clear.
The short answer: buying “subject to finance” in WA means your purchase contract is conditional on you obtaining loan approval by a date set in the contract. If your finance is approved, the sale moves ahead. If it’s genuinely knocked back and you’ve met your obligations under the finance clause, you can usually end the contract and have your deposit returned.
“Subject to finance” is a condition in your purchase contract that makes the sale dependent on you obtaining loan approval. Until that condition is met (or waived), you’re not locked into completing the purchase — provided you follow the rules in the clause.
In Western Australia, most homes are bought using the standard “Contract for Sale of Land or Strata Title by Offer and Acceptance” (the O&A) together with the Joint Form of General Conditions for the Sale of Land. According to Consumer Protection (WA), these two documents together form the standard WA contract, and the finance terms sit in the section headed “Subject to Finance.” The O&A wording is owned by REIWA; the general conditions are owned jointly by REIWA and the Law Society of Western Australia.
When you make your offer, the contract records whether the finance clause applies and, if so, key details such as the loan amount and the latest date for finance approval.
This is the part buyers most often miss: “subject to finance” isn’t a free pass to wait and see. You have active obligations. Broadly, you need to:
If you don’t apply in time, or don’t follow the clause, you can lose the protection it gives you — which may leave you bound to the purchase even if finance later falls through. If you’re ever unsure what your contract requires, ask before the deadline, not after. =
You (or your broker) give notice that finance is approved, the condition is satisfied, and the contract becomes unconditional. From there it heads towards settlement — the stage we handle for you as your settlement agent.
If your finance is genuinely declined and you’ve met your obligations under the clause, you can usually end the contract and have your deposit refunded. The key is that the refusal is genuine and that you followed the clause’s requirements — applying properly and giving notice on time. Because the detail depends on your specific contract and circumstances, it’s worth getting guidance rather than assuming.
Short answer: not without advice. A “cash” or unconditional offer means there’s no finance clause protecting you — so if your loan doesn’t come through, you could still be bound to complete, and your deposit could be at risk.
Consumer Protection (WA) is blunt on this point: you should never make a cash offer to secure a property when you actually need finance, even if you’re confident of approval, without taking professional advice. In a competitive Perth market it can be tempting to drop the finance clause to make your offer stronger — just understand the risk before you do.
A few practical steps make “subject to finance” work for you:
Remember: your lender or mortgage broker arranges the finance, while your settlement agent handles the settlement once the contract is unconditional. They’re different roles, and lining both up early keeps things smooth. If a complex legal question comes up, that’s where a solicitor may be needed — and we’ll tell you if so.
What does “subject to finance” mean when buying property in WA? It means your purchase contract is conditional on you obtaining loan approval by a date set in the contract. If finance is approved, the sale proceeds; if it’s genuinely declined and you’ve met your obligations, you can usually end the contract and recover your deposit.
Do I get my deposit back if my finance is declined in WA? Usually yes — provided the refusal is genuine and you’ve complied with the finance clause (applying properly and giving notice on time). If you didn’t meet those obligations, your deposit could be at risk, so get advice before the deadline passes.
Can I apply through a mortgage broker, not just a bank? Yes. Since the 2022 update to WA’s standard contract, you can make your finance application through a lender or a mortgage broker, and a broker can provide the relevant approval or non-approval notice.
Is “subject to finance” the same as pre-approval? No. Pre-approval is an early indication from a lender before you buy; “subject to finance” is a condition in your contract. You can hold pre-approval and still need formal approval for the specific property by the contract deadline.
Once your offer is accepted and finance is sorted, the settlement process begins — and that’s where we come in. We’re a licensed settlement agency in Victoria Park, guiding Perth buyers through every step in plain English. If you’ve got a contract in front of you and want to understand your obligations, get in touch or learn more about how we handle a residential purchase.
Whether you’re buying or selling property in Perth, understanding the property settlement process in Western Australia is crucial. A smooth property transaction depends on accurate paperwork, legal compliance, and clear communication between all parties involved. At Rothschild Group, we specialise in simplifying this process for our clients.
In this guide, we break down the step-by-step process of property settlement in Perth, helping you feel informed and confident from start to finish.
Property settlement is the legal process of transferring ownership of real estate from the seller to the buyer. In Western Australia (WA), this is typically handled by a licensed settlement agent or conveyancer, such as the experienced team at Rothschild Group.
Once both parties sign the Offer and Acceptance (O&A) contract, the terms become legally binding. This includes the purchase price, finance clauses, building inspections, and settlement date.
✅ Tip: Engage a settlement agent early to review contract terms and flag potential issues.
If your contract is subject to conditions (e.g. finance approval or building inspection), these must be met within the specified timeframe. Failing to do so can result in the contract becoming void.
Your settlement agent will conduct a title search to confirm legal ownership, ensure no encumbrances exist, and verify property boundaries.
If you’re financing the property, your conveyancer will liaise with your lender to arrange funds and ensure the mortgage is registered correctly.
All legal documents required for transfer of land and payment of stamp duty (transfer duty) are prepared. These must be signed, verified, and submitted before settlement can proceed.
Your settlement agent will calculate adjustments for council rates, water usage, and other applicable costs, ensuring both parties pay only their share.
Buyers are entitled to a final inspection of the property to ensure it’s in the agreed condition prior to settlement.
On the agreed settlement date, your agent will exchange funds and lodge the required documents with Landgate to formally transfer ownership.
✅ After successful settlement, you or your agent will be notified, and you can collect the keys to your new property.
✅ Licensed & Experienced Conveyancers
✅ Clear Communication Throughout
✅ Competitive, Transparent Fees
✅ Fast Turnaround & Compliance Focused
At Rothschild Group, we understand how stressful buying or selling property can be. Our goal is to simplify the process, protect your interests, and ensure a seamless property transfer in accordance with WA laws.
Contact Rothschild Group today for a free consultation with one of our experienced settlement agents in Perth. We’ll guide you through the entire process — professionally, efficiently, and with your best interest in mind.
First home buyers in Western Australia are set to save thousands thanks to major stamp duty reforms announced by the WA Labor Government.
Effective from 21 March 2025, these long-awaited changes are the first major housing policy from the newly elected government and aim to make property ownership more achievable for thousands of Western Australians. With increased stamp duty exemptions and concessions now in effect, up to 22,000 buyers are expected to benefit—some saving as much as $18,000.
At Rothschild Group, we’re here to help you navigate these changes and take advantage of the new opportunities, whether you’re buying your first home, a new off-the-plan apartment, or investing in vacant land.
Here’s what you need to know about the changes coming into effect from 21 March 2025:
In Perth and Peel regions:
Stamp duty exemption on homes up to $500,000 (previously $450,000)
Stamp duty concession available up to $700,000 (previously $600,000)
In regional WA:
Stamp duty exemption on homes up to $500,000
Stamp duty concession available up to $750,000
Stamp duty exemption on land up to $350,000 (previously $300,000)
Stamp duty concession on land up to $450,000 (previously $400,000)
These reforms mean eligible buyers will pay no stamp duty at all on qualifying properties, saving nearly $18,000 in upfront costs.
In a further move to boost housing supply and encourage urban density, the Government has also expanded stamp duty concessions for off-the-plan dwellings purchased before or during construction. These now include:
100% stamp duty exemption for homes purchased before construction up to $750,000, tapering to a 50% concession above $850,000
75% concession for homes purchased during construction up to $750,000, tapering to a 37.5% concession above $850,000
For the first time, strata townhouses are included in this initiative
These expanded concessions will apply to off-the-plan purchases made between 21 March 2025 and 30 June 2026.
According to Premier Roger Cook, the reforms are designed to address WA’s rapidly growing population and the pressures it places on the housing market.
“These sensible changes will deliver real savings for Western Australians looking for their first home, helping to turn the dream of home ownership into reality for thousands of people each year.”
The updates also aim to stimulate the construction sector and increase housing choice, including for downsizers and investors looking for modern, low-maintenance homes.
If you’re planning to purchase a home, land or off-the-plan property in the coming months, now is the time to get prepared. With thousands expected to take advantage of these changes, having your finance, paperwork and settlement agent ready will help you move quickly when the right property appears.
At Rothschild Group, we assist first home buyers every step of the way—from reviewing contracts to completing your settlement and ensuring all eligible stamp duty savings are secured. If you’ve already settled under the old thresholds, you may even be eligible for a refund once legislation is finalised.
Whether you’re buying your first home or investing in new property, our team at Rothschild Group is here to help you understand your entitlements, maximise your savings, and handle the legal and settlement process with confidence.
Contact us today
Buying vacant land in Western Australia presents a unique opportunity to build a home, invest, or develop a business. However, ensuring that the land meets legal and zoning requirements is crucial before committing to the purchase. At Rothschild Group, we guide buyers through the legal and financial considerations to make informed decisions.
Failing to assess zoning laws, infrastructure limitations, or hidden costs can turn a great investment into a financial burden. Before signing a contract, buyers should consult with a property lawyer to:
Planning to buy vacant land? Contact Rothschild Group today for professional legal advice to ensure a smooth purchase process.
Buying a property is a significant investment, and before settlement, conducting a final inspection is essential to ensure you are getting exactly what you paid for.
Need help with your final property inspection or settlement? Contact Rothschild Group today for expert legal advice.
When purchasing property with a spouse, partner, friend, or family member, selecting the right ownership structure is crucial. The choice between Joint Tenancy and Tenants in Common impacts your property rights, financial obligations, and inheritance planning.
Selecting the correct ownership structure has long-term legal and financial consequences. Consulting a property lawyer ensures you make the right decision aligned with your goals and legal protections.
At Rothschild Group, we provide expert legal advice to help you navigate property transactions seamlessly.
Need assistance? Contact Rothschild Group today to safeguard your property rights.
Property law in Western Australia (WA) has its own unique characteristics, much like its coffee — distinct and worth understanding before entering the market. If you’re buying or selling property in Perth, you’ll notice several key differences compared to Sydney, Melbourne, or Brisbane. Let’s break them down:
WA primarily operates through private treaty sales, often using REIWA’s standard contracts for seamless transactions. In contrast, auctions dominate on the East Coast — and once the hammer falls, there’s no cooling-off period!
Buyers in NSW and VIC benefit from a 5-day cooling-off period after signing a contract. In WA? No such safety net! Once you sign, you’re committed — unless the contract includes a finance clause or other contingencies.
WA relies on REIWA-standard contracts, which are balanced, consistent, and regularly updated to protect both parties. On the East Coast, contracts tend to be seller-friendly and are often drafted by solicitors, making it crucial for buyers to scrutinize the fine print.
Perth boasts strong rental yields and low vacancy rates, making it an attractive investment destination. For example:
Understanding these nuances ensures you navigate the WA property market confidently, whether you’re buying, selling, or investing. While WA may lack a Harbour Bridge, it compensates with affordable properties, high rental yields, and a thriving real estate market. ☕
At Rothschild Group, our legal and conveyancing experts are here to guide you through WA’s unique property landscape.
Get in touch today for professional property law advice tailored to your needs!
The Federal Government’s Help to Buy Scheme has officially passed through Parliament, marking a significant milestone for first-home buyers. This initiative aims to make homeownership more accessible, especially for those struggling with large deposit requirements.
With property prices increasing significantly—up 47% nationally over the past five years—many Australians have found it challenging to enter the housing market. This scheme offers a realistic opportunity for buyers who have struggled to meet the traditional 20% deposit requirement.
✔ Reduced deposit requirement, making homeownership accessible sooner.
✔ Lower mortgage repayments due to government equity contribution.
✔ Support for individuals and families looking to enter the housing market.
❌ The government retains an ownership share in your property.
❌ Future sale or refinancing may require government approval.
❌ Income and property price caps may limit eligibility.
The Help to Buy Scheme could be a game-changer for young families, singles, and couples aiming to purchase their first home. However, it’s essential to weigh the long-term implications of shared ownership with the government.
Navigating homeownership and government schemes can be complex. At Rothschild Group, we provide expert legal guidance to ensure your property journey is smooth and stress-free.
Thinking about buying your first home? Contact Rothschild Group today for professional property settlement advice.
When purchasing property in Western Australia, one of the key decisions buyers face is choosing between Green Title and Strata Title. Understanding the differences between these ownership structures can help you make the best choice for your lifestyle and investment goals.
A Green Title means you own both the land and any structures built on it. This is the most traditional form of property ownership in Australia.
A Strata Title allows you to own a portion of a larger property, sharing common areas such as gardens, driveways, pools, and recreational facilities with other residents.
Choosing between Green Title and Strata Title depends on your lifestyle and investment goals:
Understanding property ownership structures is essential to making an informed decision. At Rothschild Group, we provide expert legal guidance on Green Title and Strata Title settlements, ensuring a seamless property transaction.
Need help deciding which property type suits your needs? Contact Rothschild Group today for expert property advice.
Buying property in Western Australia is an exciting milestone, but understanding the associated costs is essential for a smooth transaction. At Rothschild Group, we help buyers navigate the financial aspects of property purchases with expert legal guidance.
Navigating the costs of buying property in WA can be overwhelming, but our team ensures a seamless process by providing:
Planning to buy property in WA? Contact Rothschild Group today for expert legal and settlement services.
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