Midland Settlements by Property Lawyers
Settlements for Midland, Ellenbrook and the Swan Valley
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If you are looking for a settlement agent in Midland or Ellenbrook, a property lawyer is the other option. In WA a settlement can be carried out by a licensed settlement agent or by a lawyer. Optimum Lawyers is a law firm, not a licensed settlement agent, and we handle WA settlements as lawyers, with advice on the offer before you sign.
The City of Swan stretches from the old railway town of Midland, through the vineyards of the Swan Valley, to the large planned estates at Ellenbrook and Brabham. Each brings its own checks.

Send us the offer before you sign it
We offer a free initial contract assessment. It is a brief first look at whether the contract appears ready for a full paid legal review. It is not the full review, and it is not free conveyancing.
Checks that are specific to Midland
- Ellenbrook and Brabham estates. Restrictive covenants, developer building guidelines, and whether the title has issued on new lots.
- Swan Valley rural land. Special rural and viticulture zones limit subdivision and some uses. Check before you plan anything.
- Flood. Land near the Swan and Helena rivers can be flood affected.
- Bushfire prone land. Land on the hills and rural edges can be designated bushfire prone, which affects building and insurance.
How a WA purchase runs
The selling agent usually writes your offer on the standard Offer and Acceptance form, and once the seller accepts it you are bound. WA law does not require a cooling-off period, so the only protection is the conditions written into the offer: finance, building inspection, timber pest, and anything specific to the property. WA Consumer Protection warns that some finance wording treats a loan offer as approval, which can make the contract binding earlier than you expect.
Selling in Midland
At least two RCDs must protect the power and lighting circuits before the title transfers, and compliant mains-powered smoke alarms must be in place before the sale. For a strata lot, the buyer must get the prescribed disclosure before signing. Every seller needs an ATO clearance certificate, or the buyer must withhold 15% of the price at settlement.
Transfers without a sale
We also act on transfers between partners, after a separation, from a deceased estate, and into or out of a trust or self-managed super fund. WA duty can apply even where no money changes hands, so get advice before anything is signed.
Lawyer or settlement agent?
Most WA settlements are handled by licensed settlement agents, and they do that work well. A property lawyer can also advise on the offer before you sign, negotiate its conditions, and act for you if the sale is disputed. With no cooling-off, that advice has to come before the seller accepts.
What clients say
“Wisam and team are fantastic, supported a tenanted dual-occupancy WA settlement and delivered well!”
Mia Charles, Google review
Questions about conveyancing in Midland
Do I have to use a settlement agent in WA?
No. A WA settlement can be handled by a licensed settlement agent or by a lawyer.
Can I subdivide land in the Swan Valley?
Usually only within strict limits. The zoning and the planning scheme for the lot decide it.
Is there a cooling-off period in WA?
No. WA law does not require one. You can ask for a cooling-off clause in your offer, but the seller does not have to agree.
Can a NSW law firm act on a WA property?
Yes. NSW and WA are both part of the Legal Profession Uniform Law.
Related: Settlement agent Perth | Joondalup | Property lawyers Perth | Contract review | Property lawyers Australia
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