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Condition of property on settlement

Property Law: 18 October 2023

Author: Lauren Woolley & Ralph Davies - Our People

Once your property is sold, you and the purchaser will need to agree on a settlement date. During this period, the vendor is still the registered proprietor of the property and, subject to any contractual arrangements to the contrary, is responsible for keeping the property maintained.

Condition of property on settlement

This is important as the vendor is required to provide the property and any items in the property provided in the contract as being sold to the purchaser in the same condition as at the day of sale.

The items included in the contract will generally always include fixtures. A fixture is something that is “fixed” to the property and cannot be easily removed. For example, a fitted kitchen, integrated appliances, air conditioning, carpets, or light fittings. Delays and disagreements can arise where vendors leave items in the property they were required to take, or conversely take items in the property that the purchaser believes are fixtures. As such you should always ensure you know what you are obliged to take and what items must be left at the property prior to settlement.

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