When agents are completing the inclusions/exclusions on a sale Contract or forwarding the instructions through to the Vendor’s solicitor to assist with preparation of the hard copies of the sale Contract, it is important to note as clearly as possible exactly what is included and/or excluded.
In a recent situation regarding a completed purchase we have had an enquiry as to whether or not the oven which the Purchaser had seen on inspection, should still have been in the premises on settlement. On checking the Contract the inclusion was listed as stove, so technically if they received a stove on settlement and not the gas hot plates and oven first inspected, then the Vendor had fulfilled his obligations.
In this instance, if the agent had listed gas hot plates and oven there would be no confusion as to what the Purchaser could expect to receive on settlement. If specifically branded appliances/inclusions are of importance to the Purchaser, then these items should be clearly described on the Contract.
On final inspection the Purchaser and agent should ensure that the property about to be settled is as it was presented to the Purchaser originally and as described in the Contract or settlement should be delayed until the situation is resolved.
New South Wales Only