MDL Senior Associate Ross Snell shares some helpful tips to guide you through the complexities, from fixtures to chattels, ensuring a seamless process in the process of home purchase. Remember, success in real estate involves more than just your agent; experts like lawyers, inspectors, and brokers are vital too. Today, let’s focus on valuable tips from McCarthy Dury Lawyers to streamline your transaction.
Ross said when buying property in Queensland it is crucial to understand the finer details of what is included in and excluded from the sale. The absence of a particular item from a property during the pre-settlement inspection is a regular cause for concern and frustration and can often be attributed to a misunderstanding of what items are automatically included or excluded from the deal.
When you purchase a property in Queensland fixtures and fittings, those items physically attached to the property, are included in the sale. Typical examples of fixtures and fittings include window coverings, built-in wardrobes, clothes lines, fixed floor coverings, antennae, and hot water systems. If it’s fixed to the property, it’s usually included unless otherwise specified in the contract.
Items of personal or movable property, also known as chattels, are excluded from the sale and the seller is required to remove them from the property before settlement.
In some cases, the contract may specify additional items known as “Included Chattels.” These are items of movable property that the parties have agreed are included in the sale. The contract reference schedule will normally include a field where you can identify these items, but attaching a list of Included Chattels to the contract will also be effective if it is initialled or signed by the parties.
Importantly there are a number of items that can appear to be fixtures or fittings or have a “built-in” look which are not actually fixed or attached to the property. The most common culprits in this respect are some models of dishwashers, mounted washing machines, mounted televisions, sound systems, light bulbs, and potted plants (particularly where the pot is submerged or buried). For this reason, it is often best to note any of these items in the Included Chattels section of the contract for certainties sake if you intend to include them in the sale.
As a final note, you should be aware that where a contract includes reference to a tenant occupying the property it can change the rules in relation to what items are included in the sale and what must be removed at settlement. This will change on a case-by-case basis and needs to be considered carefully before committing to the deal.
MDL Senior Associate Ross Snell shares some helpful tips to guide you through the complexities, from fixtures to chattels, ensuring a seamless process in the process of home purchase. Remember, success in real estate involves more than just your agent; experts like lawyers, inspectors, and brokers are vital too.
