Found 159 relevant pages. The strongest matches explain what “title search clause western australia” means, where the buyer risk sits, and how the clause plays out in real contracts.

Frequent Risk Signals

• Undisclosed Encumbrances: Failing to conduct a thorough Title Search means you might purchase a property with existing mortgages, easements (like a neighbour's right of way), or restrictive covenants (e.g., limitations on building height) that were not disclosed by the seller, severely impacting your property rights and value. The REIWA Contract relies on the buyer's due diligence here.
• Caveats: A Title Search can reveal a caveat lodged against the property, indicating another party claims an interest in the land. Without proper investigation, you could face significant legal disputes and delays, potentially preventing settlement under your Western Australia property contract. This is a major buyer's risk.
• Unpaid Rates and Taxes: While often adjusted at settlement, a Title Search can flag outstanding council rates, water rates, or land tax. If not properly accounted for, these liabilities could become your responsibility post-settlement, adding unexpected costs to your purchase.
• Incorrect Boundaries: Although less common, a Title Search, combined with a survey, can highlight discrepancies in property boundaries or encroachments, leading to costly disputes with neighbours or local authorities if not addressed before settlement.
• Unregistered Interests: While a Title Search primarily shows registered interests, it can sometimes hint at potential unregistered interests (e.g., an unrecorded lease) that, if later proven, could complicate your ownership and use of the property.
• Contract Termination: If a Title Search reveals a defect that the seller cannot or will not remedy, and it's a fundamental breach, you might have grounds to terminate the REIWA Contract. However, missing the specified timeframe for raising requisitions could waive your right to object, leaving you bound to purchase a problematic property.