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Your rights regarding the condition of the property on settlement?

Under a standard REIQ Contract for the sale of residential property, which is commonly used for real estate transactions in Queensland, the Seller must hand over the house and any chattels if they are expressly noted in the Contract.

Clients are often surprised to learn that there is no contractual obligation on sellers to clean the house, maintain the gardens, or the property more generally. Most sellers do the right thing and leave the property in the condition they would expect themselves. If you are however concerned about the level of cleanliness, junk stored in the shed or around the property, a tree which needs pruning or an overgrown garden, before you put in an offer, include a special condition in the Contract which puts an obligation on the seller – don’t just assume that these things will happen.

We also always recommend our clients conduct a pre-settlement inspection the day before or on the morning of settlement to check the condition of the property.

At Map Lawyers, we offer a pre-signing contract review service – you can raise any concerns you may have at this time and we will assist with the drafting of a special condition to protect against these matters becoming a headache down the track.

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