When a seller is overseas, some extra requirements are in place to allow for the transfer of land between parties in the state of Western Australia.
This involves the witnessing and verification of identity documents by consular officials, so please be aware that some travel may be required in order to attend an Australian Consulate.
Focus Settlements are able and willing to conduct settlements for overseas Sellers, so please feel free to contact us should you wish to engage our services to act on your behalf for an upcoming settlement.
Some relevant information for Overseas Sellers
Landgate (The Titles Registry in Western Australia) have provided specific guidelines in signing the Transfer of Land together with providing specific forms of identification.
The witness on a Transfer of Land must be an Australian consular officer when that execution occurs outside of Australia.
An Australian consular officer is defined by section 145(4) of the Transfer of Land Act as a person appointed to hold or act in any of the following offices (being an office of the Commonwealth) in a country or place outside the Commonwealth, such as:
- High Commissioner
- Head of Mission
- Chargé d’Affaires
- Consul or Secretary at an Embassy
- High Commissioner’s Office
- Legation or other post
- Trade Commissioner, and
- Consular Agent
Landgate also require specific identification requirements and you will be required to provide the following documents:
- Current and original rate notice issued by the local Government Council for the property
- Current and original passport of the transferor; and
- Current and original drivers licence for the transferor
These identification documents must be copied, sighted and certified by a Consular official as described above and be provided for each seller.
This would be performed as part of the settlement process, and Focus Settlements are happy to provide information as we progress through settlement in regards to this.