Conveyancing Process: Removal Seller’s Belongings After the Sale

Conveyancing work requirements are that the buyer and seller must comply with the laws of the state while settling terms of contract. Both the buyer and the seller are assisted by real estate agents and conveyancing solicitors to prepare essential documents and to advise both parties regarding their rights and responsibilities. These professionals help in making the conveyancing process smooth and transparent for both buyer and seller. Among other important considerations to be made at the time of settlement, is removal of seller’s belongings from the premises. There are certain rules that need to be complied with regarding this issue.

 

Conveyancing solicitors in Gold Coast have complete knowledge with regards to the possible actions that can be taken if the seller has not removed all of their belongings from the property. This removal has to be done at the time of settlement on the settlement date as mentioned in the contract. In case certain items are not removed before the time and date of settlement, these belongings are considered as abandoned property of the seller. The buyer has the liberty to keep these if they please. Otherwise, they can dispose of in any manner they wish. The seller also has to indemnify the buyer against any damage or expense that results from buyer’s action.

 

According to the rule of real estate, the seller has to make sure that all of their belongings are removed at the time and date of settlement. This also includes any Excluded Fixtures specified in the Reference Schedule of the property contract. They are also allowed to leave any chattels that are listed as Included Chattels in the Reference Schedule. In case any damage is caused to the property while removing the excluded fixtures or belongings, the seller must bear the expense for that.

 

It is a wise thing for the buyer to consult their solicitor for all coveyancing works. Before taking any action for the abandoned belongings, professional help must be sought to make sure no disputes arise at a later date. There can be a case that the seller is finding it difficult to remove all of their belongings before the time of settlement on the date of settlement. In this case, they can get a written confirmation from the buyer and remove the belongings after settlement.

 

Conveyancing can be a tedious and complex process for some properties. In order to make sure all procedures are handled in the right manner, it is a good idea to consult professionals.

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Andrew Francey

B.Bus, GCAF, GAICD

Chief Operating Officer

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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