In this blog we explain all you need to know for cleaning, mowing, gardening & rubbish for a QLD property settlement.

This video/blog is great for - QLD property owners, real estate agents & mortgage brokers who want to know the law around the above topics, and how they impact a Queensland property settlement.

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Hi everybody - George Sourris, Empire Legal.

Today's topic: Queensland property - cleaning, mowing, gardening & rubbish. What is the law?

OK, so you've bought a property, you've signed a contract, and it's nearly time for settlement. You arrange the pre-settlement inspection with the real estate agent. You go to the property, and you notice the house needs a clean, the lawns are long, the gardens are messy and there's rubbish.

What do you do? Buyers often believe they can terminate or delay a property settlement in the event that a property is unclean or the gardens and lawns are untamed. It's usually a shock when a buyer is told that these issues will not allow a buyer to terminate or delay settlement. 

Let's start with cleaning.

A seller is obliged to keep their property in substantially the same condition it was in at the time of the contract being signed, except for any "fair wear and tear".  For example, a small mark on a carpet or a scratch on an appliance is unlikely to be a valid reason to claim the property is not in the same condition. 

However, unlike for tenants in a standard rental agreement, a seller doesn't actually have an obligation to have the property cleaned when they vacate. A property that is not "clean" to the standard of the buyer, does not allow the buyer to delay settlement or force a price reduction.  Buyers need to be aware that contractually it is unlikely that they have a leg to stand on if they're not happy with the standard of the cleanliness. 

We suggest if cleanliness is an issue of concern to you that a special condition is added to the contract prior to signing, obliging a bond clean to be obtained, prior to settlement. We can provide this special condition to our clients that we're acting for.  If there's any damage to the property that you uncover at pre-settlement that was caused by the seller, and not there previously, i.e. damages to walls that likely occur in the process of moving things out, etc.  That's a totally separate issue. We suggest bringing it to the attention of your lawyers as soon as possible, prior to settlement. It may be possible for your solicitor to negotiate a retention of monies or a price reduction depending on the issues found. 

You need this agreement in writing, before settlement in order to claim compensation. 

Gardens and lawns. 

Similar to cleaning, there is no contractual obligation on a seller to maintain lawns or gardens on a property. In the same fashion as cleaning, the seller has an obligation to keep the property in the same condition it was in when the property went under contract, with the exception of "fair wear and tear".

If the seller has done something to the property to cause a buyer later expense, e.g. cause willful damage - a buyer may have a right to claim compensation after settlement. Delaying settlement or withholding a portion of the purchase price is not an option. If the lawns and gardens are not kept to the same standard, realistically it will be difficult to recover the cost of rectification, as the cost of engaging a lawyer to advocate on your behalf will likely outweigh the cost to attend to this.

If you are concerned, we suggest a special condition be added into the contract, before signing, to ensure you will have neat lawns and gardens when the property settles. 

Rubbish and chattels.

Okay, that's all good to know about cleaning gardens and lawns, but what about rubbish? Standard REIQ contracts define "reserved items" as: "excluded fixtures and all chattels on the land, other than excluded chattels". 

If you want to know more about chattels and fixtures, we explain them in our blog here. Put simply, it's the seller's belongings. There is no right to delay or stop a property settlement if the items are not removed by settlement or if there is any damage to the property, that was a result of the removal of the reserved items.

An example of this may be - fixing plasterboard after a TV wall mount is removed. After settlement,  ownership of any remaining items are deemed as "abandoned" and become the property of the buyer - leaving the items to be removed at the buyer's discretion. If there's a cost involved in the removal of the items or fixing any damage as mentioned earlier, then the buyer may do so at their own expense and recover the cost against the seller, as a debt.

Keep in mind here that practically if the seller does not comply, they would need to be pursued at law, which is often more costly than paying for the repair or removal. It is also critical that the lawyer or conveyancer representing the buyers puts this in writing to the seller's lawyers, prior to settlement.

We're here to help and guide you with any issues related to your conveyancing. We suggest as soon as you have any concerns or want to understand your rights at law, you contact us ASAP - so we can help.

If someone you know would like to know this, please share this blog or video. Thanks to everyone for listening.

See you next week.

Special shout out to Juliana Gomes for the blog suggestion. 

Get in touch with us. Jump on our Instagram, our Facebook, our website.

George Souris. Empire Legal.

If you have any questions, you can email me: george@empirelegal.com.au. 

If this has added value, please share this blog / the YouTube video with a friend. 

Thanks for reading everybody. See you on the next one.

Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Gold Coast, Queensland, Australia.

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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.