Goods Sold with the Land

It is recommended that purchasers always have a Contract and Section 32 Statement reviewed by a legal professional before signing when buying a property to avoid any potential issues with the terms of a legally binding contract. But in the heat of the moment, buyers sometimes forget this important step.

Here, we explain another important contractual consideration for purchasers of property to avoid any confusion and heartache down the track.

One aspect of a Section 32 or Contract which can cause confusion or even a dispute if not dealt with properly is the issue of goods included with a sale.

The goods included in a sale are shown in the Particulars of Sale which is also where the parties, price, settlement date and some other details are shown.

Often the goods included with a sale will be shown as “all fixtures and fittings” or “electric light fittings, window furnishings and floor coverings” and a purchaser under pressure to sign a Section 32 or Contract might be told that this is the “standard” wording and there is no need to amend it.

However, issues can arise when all the goods the purchaser thinks they are getting are not actually listed, for example, pot plants, garden furniture and pool equipment. Less obvious examples might be things like circumstances in which the purchaser assumes shelving is built in but in reality, it is free standing and ends up being removed by the vendor before settlement.

The lesson? If there is any doubt as to whether an item is included or excluded, it is crucial have this shown in the Contract before signing.

Coulter Legal is here to assist. Contact us today for a pre-signing Contract review to protect your most important financial investment.