Tips for vendors

If you are selling your property, we refer to you as a “seller”. If we represent you as your lawyer for your property transaction, we will lead you through all the legal steps necessary to ensure your sale goes through smoothly and legally. 

In addition, there are things that you need to do when selling your property that your lawyer cannot do on your behalf – often equally as important as the legal side of the sale. 

The buyer of your property should do a pre-purchase inspection, whether that is with a builder, trusted family member or on their own, this will determine the standard at which they expect the property to be in come settlement day. You are legally obligated to leave the property in the condition it was in when the purchaser signed the Sale & Purchase Agreement and by maintaining the premises to the same standard will avoid any disputes that could arise after the pre-settlement inspection. For example, you must remove any rubbish from around the property.

It is possible that issues with the property may arise with the pre-offer or pre-settlement inspection process. You should be prepared to undergo remedial work at the request of the purchaser, or to negotiate on the sale price. Rest assured, we are at your disposal to advise you through any necessary negotiations. 

It is important to understand that the sale can go through any time after 9am. Once the buyer pays for the property, they will want to move straight in so you must be moved out. It is a good idea to be packed up, cleaned up and ready to go – it is likely the buyer will be expecting to move in soon after the settlement is complete and so we recommend booking your moving truck for first thing in the morning if you can, or better still, moving out prior to settlement day. You risk paying the new owner compensation if you are not out when they take possession. 

Whilst there is no legal obligation to leave the property clean but as you are probably also moving into another house yourself – why not leave the place as you would like to find your new home when you move in.

Key tips

  • Remember to leave all keys, codes and garage door remote controls. The agents should have a set of keys or a key to hand to the buyer on settlement.
  • Make sure you arrange for your pets to read to move on or before settlement day. 
  • Remember to organise your final power readings to avoid any issues with the change of ownership
  • You must ensure there are no outstanding charges on the property and that all chattels are owned by you including heat pumps and other chattels as well as electricity, water and rates.
  • Do not attempt to contact the buyer, all communication with the buyer is to be conducted through your lawyer, and theirs.
  • When you arrange the change-over of your contents insurance, we recommend ensuring you are covered on the day that you move.
  • You may not remove any chattels that the contract specifies should stay. Be sure to refer to the Sale & Purchase Agreement and familiarise yourself with the list of chattels.