When a property is sold, it’s expected that the seller will remove all personal belongings before settlement. However, goods left on property after settlement are a common issue that can lead to confusion or disputes between buyers and sellers.
Whether it’s forgotten furniture, leftover rubbish, or even valuable items, understanding who is responsible and how to handle the situation is crucial.
In this article, we’ll explore the responsibilities of both parties, steps buyers can take if they find unexpected items, legal considerations for disposing of goods, and how to prevent these issues altogether. With clear guidance, you can ensure a smoother property settlement experience.
I. Who Is Responsible for Goods Left Behind After Settlement?
When a property changes ownership, the seller is generally responsible for removing all their belongings before settlement. However, things don’t always go as planned, and sometimes items are left behind.
Under Australian property law, the contract of sale usually outlines what must be removed from the property and what is included. Fixtures, such as built-in appliances, typically remain unless otherwise specified. Personal belongings, on the other hand, should be taken by the seller.
If items are left behind, the responsibility depends on the agreement between the buyer and seller. For instance:
Before Settlement: The seller is still in control of the property and must ensure it is clear of unwanted goods.
After Settlement: The buyer becomes the new owner of the property and any leftover items may legally belong to them unless other arrangements have been made.
If there’s a disagreement, it’s essential to refer to the sale contract or consult a legal professional.
II. What Should I Do if I Find Items Left on the Property?
Discovering goods left on the property after settlement can be surprising. Here are steps you can take to address the situation:
Check the Contract of Sale
Review the contract to determine whether the items left behind were supposed to remain. Sometimes, specific agreements allow certain goods to stay, like furniture or outdoor equipment.
Contact Your Conveyancer
A conveyancer can clarify your legal rights and provide advice on the next steps. They may recommend contacting the seller to resolve the issue amicably.
Reach Out to the Seller
If possible, communicate with the seller to confirm whether the items were intentionally or accidentally left behind. They may arrange to collect their belongings.
Document the Situation
Take photos and keep records of any communication regarding the goods. This documentation can help if there are disputes later.
Consider Your Options
If the seller doesn’t respond or refuses to collect their items, you may need to seek legal advice to understand your rights to keep, dispose of, or store the goods.
Also Read: Things to Check Before Signing House Contract in Qld
III. Can I Dispose of Goods Left Behind by the Seller?
You might wonder if you can simply throw away or sell goods left on the property. While this may seem straightforward, it’s important to approach the situation carefully to avoid legal complications.
Ownership Matters
Legally, the goods belong to the seller until they’re abandoned. If you dispose of them without clear confirmation, the seller could later claim compensation.
Reasonable Timeframe
Sellers are typically allowed a reasonable amount of time to retrieve their belongings. What constitutes a “reasonable timeframe” can vary but is often a few weeks.
Seek Legal Advice
Before disposing of any goods, consult a conveyancer or solicitor. They can guide you on the correct process, which may involve sending a formal notice to the seller.
Storage Considerations
If you choose to store the goods temporarily, ensure they’re kept in a safe location. Keep receipts for any storage costs, as you may be able to claim reimbursement from the seller.
Taking these steps ensures you remain compliant with the law while resolving the situation.
IV. Are There Exceptions for Personal Belongings or Fixtures?
When discussing goods left on the property after settlement, it’s essential to distinguish between personal belongings and fixtures.
What Are Fixtures?
Fixtures are items attached to the property, such as built-in wardrobes, light fittings, or air conditioning units. These are typically included in the sale unless otherwise stated in the contract.
What Are Personal Belongings?
Personal belongings include movable items like furniture, clothes, and decorations. Sellers are expected to take these with them unless there’s a prior agreement.
Grey Areas
Some items, such as garden sheds or outdoor furniture, may fall into a grey area. The contract of sale should clarify whether these are included. If it doesn’t, disputes may arise.
Legal Exceptions
In rare cases, local laws or court rulings may override standard rules. For example, hazardous materials left on the property could require specialised removal at the seller’s expense.
By understanding these distinctions, both buyers and sellers can better manage expectations during the settlement process.
V. How Can These Situations Be Avoided?
Prevention is always better than cure. Buyers and sellers can follow these tips to minimise issues with goods left behind:
For Sellers:
Plan Ahead: Arrange for the removal of all personal belongings well before settlement day.
Communicate Clearly: Inform the buyer if you plan to leave specific items behind, and get their agreement in writing.
Double-Check the Property: Conduct a final walkthrough to ensure no goods are forgotten.
For Buyers:
Inspect the Property Carefully: During final inspections, ensure the property is clear of unwanted items.
Add Clauses to the Contract: Include specific conditions in the contract about the removal of goods to avoid misunderstandings.
Engage a Professional: A conveyancer or solicitor can help ensure the contract addresses potential issues with leftover goods.
By taking these precautions, both parties can enjoy a smoother settlement process and avoid unnecessary disputes.
Also Read: 7 Points to Include in Your Buying Property Checklist
Need Expert Help With Your Property Settlement?
Goods left on property after settlement can create unexpected challenges, but with clear communication and the right legal advice, these situations can be resolved smoothly. Buyers and sellers both have responsibilities to ensure the property is transferred in the agreed condition.
By understanding your rights and obligations, you can avoid costly mistakes and enjoy a successful property transaction.
At CJC Law, our experienced conveyancers are here to guide you every step of the way. Contact us today for reliable advice on your property needs.
