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If agreed inclusions are missing at the final inspection, notify your conveyancer immediately before settlement. The buyer may negotiate for the item to be returned, replaced, or compensated through a financial adjustment. The outcome depends on the Contract of Sale and whether the missing item was clearly listed as an inclusion.
So, what happens if an agreed inclusion has disappeared before settlement?
At Red Door Conveyancing, we regularly assist buyers and sellers across Victoria with resolving issues that arise before settlement, including disputes over missing inclusions.
What Are “Inclusions”?
Inclusions are the items that the seller has agreed will remain with the property when ownership transfers to the buyer.
These may include:
- Fixed light fittings
- Curtains and blinds
- Dishwashers
- Ovens and cooktops
- Rangehoods
- Air conditioning units
- Built-in wardrobes
- Garden sheds
- Television wall brackets (if specified)
- Solar panel systems
The Contract of Sale should clearly identify what is included in the purchase. If an item is listed as an inclusion, the buyer is generally entitled to receive it at settlement.
What Is the Purpose of the Final Inspection?
The final inspection is usually conducted shortly before settlement and allows the buyer to confirm that:
- The property is in substantially the same condition as when it was sold, allowing for fair wear and tear.
- Agreed repairs have been completed.
- Included fixtures and fittings remain at the property.
- No unexpected damage has occurred.
- The seller has complied with their contractual obligations.
This inspection provides an opportunity to identify any issues before settlement takes place.
What If Something Is Missing?
If an agreed inclusion is missing, it should be raised as soon as possible with your conveyancer.
Examples might include:
- A dishwasher has been removed.
- Curtains or blinds have been taken down.
- A split-system air conditioner has been removed.
- A garden shed has disappeared.
- A built-in appliance has been replaced with a different model without agreement.
The sooner the issue is identified, the more options there may be for resolving it before settlement.
Can Settlement Still Go Ahead?
In many cases, yes.
Rather than delaying settlement, the parties may negotiate a practical solution, such as:
- Returning the missing item.
- Replacing it with an equivalent item.
- Agreeing to a financial adjustment.
- Holding back an agreed amount until the issue is resolved.
The most appropriate outcome will depend on the circumstances and the value of the missing inclusion.
What If the Seller Refuses to Fix the Problem?
If the seller does not agree to resolve the issue voluntarily, the buyer’s legal options will depend on:
- The wording of the Contract of Sale.
- Whether the item was clearly included.
- The significance of the missing item.
- The extent of any financial loss suffered.
Your conveyancer can explain your options and, where appropriate, communicate with the seller’s representative to seek a resolution.
What Counts as a Fixture?
Many disputes arise because buyers and sellers have different expectations about what stays with the property.
Generally, fixtures are items attached to the property and intended to remain, while removable personal belongings (known as chattels) are usually excluded unless specifically listed in the contract.
For example, built-in appliances and fixed light fittings are commonly treated as fixtures, whereas freestanding furniture and decorative items are usually not included unless the contract says otherwise.
If there is any uncertainty, it’s best to clarify what is included before signing the Contract of Sale.
How Buyers Can Protect Themselves
There are several steps buyers can take to minimise the risk of disputes over missing inclusions:
- Carefully review the list of inclusions before signing the contract.
- Ensure any agreed items are clearly recorded in writing.
- Keep photographs from inspections where appropriate.
- Conduct a thorough final inspection before settlement.
- Notify your conveyancer immediately if any issues are identified.
Taking these steps can help resolve problems before settlement and avoid unnecessary delays.
How Red Door Conveyancing Can Help
Property transactions don’t always go exactly as planned, but experienced guidance can make all the difference. At Red Door Conveyancing, we help buyers and sellers throughout Victoria understand their rights, review Contract of Sale terms, and resolve settlement issues as efficiently as possible.
If something doesn’t look right during your final inspection, it’s important to seek advice before settlement proceeds. Our experienced team can assess the situation, explain your options, and work with the other party to achieve a practical outcome wherever possible.
For more questions and concerns, contact us on 03 8456 6797 or you may send us an email to info@reddoorconveyancing.com.au.
