Conveyancing Works

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5 July 2011 Removal of Sellers Belongings after Settlement

Not sure what happens after the Seller has not removed all of their belongings from the property at the time of the settlement?A. Any such items not removed prior to the actual time of settlement on the settlement date are considered to be abandoned and the Buyer may keep or dispose of those items as they see fit. The Seller must also indemnify the Buyer against any damages and expenses resulting from the Buyers actions in that regard.

TIP: The Seller should ensure that they remove all of their belongings including any Excluded Fixtures noted in the Reference Schedule of the Contract. They must also leave in the property any chattels listed as Included Chattels in the Reference Schedule of the Contract. The Seller must repair, at their expense, any damage done to the property in removing any excluded fixtures or belongings.

It would be prudent for a Buyer to contact their Solicitor before treating any property as abandoned or communicating their intention to the Seller that this property will be disposed of to ensure no dispute arises.

If the Seller is having difficult removing all of their belongings prior to the time of settlement on the settlement date they should get written confirmation from the Buyer to allow them to remove the property after settlement has occurred and to confirm that such items are not considered abandoned

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Andrew Francey


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Andrew has over two decades experience in high growth fast moving consumer goods, agribusiness and professional services. Supporting the Ownit team to deliver on client expectations, and implementing processes to scale the organisation, is a key focus for Andrew.

Andrew is a C-Suite leader with Chairman and Board experience.  He has formal qualifications in Business, Applied Finance and AICD Company Directors Course.

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