Selling Property Under an EPA in WA: Landgate Rules for Attorneys

The EPA Must Be Registered Before You List

An attorney acting under an Enduring Power of Attorney cannot sign any contract of sale, transfer of land, or mortgage document in Western Australia unless the EPA is registered with Landgate. Full stop. An unregistered EPA — no matter how correctly it was executed — does not give the attorney authority to execute land transactions for Landgate purposes.

If you're planning to sell a parent's home to fund aged care, or downsize a family property because the owner can no longer manage it, registration must happen before any transaction begins. A contract signed by an attorney under an unregistered EPA is legally invalid and will be rejected at settlement.

What Landgate Requires for Property Transactions

Once the EPA is registered, the attorney can sign land transaction documents on behalf of the donor. But Landgate applies strict requirements to every document lodged:

Verification of Identity (VOI). The attorney must complete a formal VOI process before lodging any transaction. Self-represented parties can do this at an authorised Australia Post branch or at the Landgate counter in Midland. Settlement agents and solicitors acting on your behalf can also complete VOI as part of their services.

Exact name matching. The donor's name on the EPA and transaction documents must match the registered proprietor's name on the Certificate of Title. The attorney's name must be consistent with the registered EPA, and the attorney must sign in a form that clearly identifies them as attorney for the donor. Any mismatch — middle name included vs omitted, different spelling, abbreviated name — triggers a requisition ($112.55) and delays settlement.

The registered EPA reference number. Every transfer or contract lodged by an attorney must reference the Landgate registration number from the registered EPA. This links the transaction to the attorney's authority.

The Settlement Process

Selling property as an attorney follows the same conveyancing process as a standard sale, with a few additional requirements:

1. Engage a settlement agent or solicitor. They'll handle the transfer documents, manage the settlement account, and interface with Landgate. If the buyer's lender requires confirmation of the attorney's authority, the settlement agent provides the registered EPA details.

2. Sign the contract of sale. The attorney signs as "Attorney for [Donor's Full Name] under Enduring Power of Attorney registered at Landgate [Registration Number]." The exact signing clause matters — an ambiguous signature block can stall settlement.

3. Sign the transfer of land. At settlement, the attorney signs the Transfer of Land form (electronically via PEXA or on paper). The settlement agent lodges this with Landgate along with the buyer's mortgage documents and payment.

4. Manage the proceeds. Sale proceeds must be deposited into an account in the donor's name, not the attorney's personal account. Co-mingling funds is a fiduciary breach — one of the most common triggers for SAT investigations into attorney conduct.

Traps That Delay Settlement

EPA not registered in time. Landgate takes two to four weeks to process a new EPA registration. If you sign a contract of sale before the EPA is registered, you'll miss settlement — and the buyer can claim breach of contract, potentially forfeiting your deposit or triggering default interest.

Three-month registration window expired. If the EPA was signed more than three months ago but never registered, Landgate requires a Statutory Declaration of Non-Revocation before they'll process the registration. This adds another round of witnessing and lodgement.

Title reference discrepancy. If the property was purchased under a different name (maiden name, deed poll change) and the EPA uses the current name, Landgate will issue a requisition. Run a title search ($33.90) before listing the property to check for name discrepancies.

Dormant EPA not activated. If the EPA is dormant (springing), the attorney has no authority until the SAT formally declares the donor's incapacity. A registered dormant EPA that hasn't been activated gives the attorney no power to sell.

Do You Need a Solicitor?

Technically, no. An attorney acting under a registered EPA can engage a settlement agent directly (standard in WA for residential conveyancing) and handle the sale without a solicitor.

In practice, a solicitor is worth considering if:

• The property is held as tenants in common (not joint tenants) and the sale affects multiple parties
• There's a mortgage that needs to be discharged as part of settlement
• Other family members are disputing the sale
• The donor's capacity is borderline and may be challenged

For a step-by-step property transaction checklist — from EPA registration through settlement signing — the Western Australia Power of Attorney Kit covers the Landgate requirements alongside the broader EPA setup process.

See more Western Australia guides →