When selling your home, it’s important to be aware of what items you can and cannot take with you. Unfortunately, many people are unaware of the restrictions and end up having to leave behind beloved item.
For instance, most appliances must be left in the home for the new owners. This includes the stove, fridge (if it has been plumbed-in to a water supply), dishwasher, and washer/dryer. Other items that you cannot take with you include window treatments, light fixtures, and built-in cabinets or shelving. This also includes things like ceiling fans and bathtubs. Any equipment required to operate or maintain the property’s swimming pool must remain. Any gardening plumbed sprinkler system, built-in water features and plants with roots in the ground must be left.
Personal items such as free-standing furniture and appliances, rugs, hanging artworks and mirrors may be removed.
Generally speaking, anything that is permanently attached to the structure of the home must be left for the new owners.
The only exception is if these items are specifically mentioned in the sales contract. Ultimately, it’s up to the buyer to decide what they do and do not want to include in the sale.Selling a property can be a stressful time, but understanding your rights and having a experienced conveyancer by your side can help to make the process much smoother.
Your conveyancer will be able to advise you and will also liaise with the buyer’s conveyancer to ensure that the sale runs smoothly. They will also coordinate the settlement process, which includes representation on the PEXA workspace and ensuring that all documents are in order.
If the sale does fall through, your conveyancer will be able to negotiate with the buyer’s conveyancer on your behalf to try and reach an agreement. If this is not possible, they will be able to provide you with advice on your options.
What are fixtures?
Regarless of whether it’s a unit your selling or an established home there are items that remain with the property and items that are excluded from the sale and you can take with you.
A contract refers to ‘fixtures’. A fixture is anything that is physically fixed (ie attached) to the property and can’t be removed without causing damage. So, if you’re thinking of removing TV or sound system brackets, which can cause damage to the walls, check with your conveyancer as you may be responsible for repairing any damage to the walls.
As the seller you can include a special condition in the contract which itemises any exclusions – ie you want to take your favourite chandelier. It is important to realise that unless items are specifically excluded, by being noted in the contract, all fixtures present at the property on the date the contract was formed must remain at the property.
What you can and can’t take with you when selling your home
When selling your home, it’s important to be aware of what items you can and cannot take with you. Unfortunately, many people are unaware of the restrictions and end up having to leave behind beloved item.
For instance, most appliances must be left in the home for the new owners. This includes the stove, fridge (if it has been plumbed-in to a water supply), dishwasher, and washer/dryer. Other items that you cannot take with you include window treatments, light fixtures, and built-in cabinets or shelving. This also includes things like ceiling fans and bathtubs. Any equipment required to operate or maintain the property’s swimming pool must remain. Any gardening plumbed sprinkler system, built-in water features and plants with roots in the ground must be left.
Personal items such as free-standing furniture and appliances, rugs, hanging artworks and mirrors may be removed.
Generally speaking, anything that is permanently attached to the structure of the home must be left for the new owners.
The only exception is if these items are specifically mentioned in the sales contract. Ultimately, it’s up to the buyer to decide what they do and do not want to include in the sale.
You Decide Not to Sell After Contracts are Exchanged
Leaving a beloved home is always difficult and sometimes circumstances change or you decide you don’t wish to move. There can be significant risks and costs involved in breaking a legally binding contract. Talk to your conveyancer as soon as you’re sure of your decision.
Depending on your separate sales contract with your real estate agent they can recoup their marketing expenses, as well as their lost commission. Also, the buyer may seek to have their conveyancing expenses repaid, together with their cost of obtaining finance and they could even instigate legal action against you for breach of contract.
The buyer wants to end the contract
A buyer has limited rights allowing them to withdraw from a contract.
They have three clear business days from the date of signing the contract in which to ‘cool off’ and advise that the contract is at an end. After this time, an attempt to withdraw from the contract may be considered a breach of contract. In certain circumstances the potential financial implications for them could be the loss of their deposit.
Some contracts include certain special conditions that allow a buyer to pull out of the contract after signing, such as ‘subject to building and pest inspection’ and ‘subject to finance’. With your conveyancer’s guidance and support, you can make sure you have fulfilled your own obligations as seller and get the right legal advice as to what rights your buyer has and what to do if they renege on the contract.
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This article is provided for general information purposes only. Its content is current at the date of publication. It is not legal advice and is not tailored to meet your individual needs. You should obtain specialist advice based on your specific circumstances before taking any action concerning the matters discussed in this article.
