The seller is required to remove all chattels not included in the sale, and any substantial rubbish, before settlement, and may remove excluded fixtures. Anything not removed before settlement is considered abandoned, and the buyer can dispose of it as they see fit. If the property is tenanted and the tenancy isn't noted in the contract, this obligation extends to removing both the seller's and any tenant's property before settlement.
When it's not in the contract: chattel or fixture?
If an item isn't dealt with in the contract, whether it stays comes down to whether it's a fixture (part of the property, so it passes to you) or a chattel (personal property the seller can take). Two things decide it: how firmly it's attached — something resting on its own weight leans chattel, while something bolted, cemented or wired in that can't be removed without damage leans fixture — and, more importantly, why it was attached: to improve the property, or just to use the item. Don't rely on the test if you can avoid it: write anything you want to keep into Included Items, and note anything the seller intends to take under Excluded Fixtures.
Two practical points. If the seller removes an excluded fixture, they should make good any damage the removal causes — exposed wiring or unpatched holes at your final inspection are something your conveyancer can raise. And if an agreed item is missing at settlement, you generally can't cancel over it; the fix is a monetary adjustment or a retention at settlement rather than refusing to complete.
Quick reference under a standard QLD (REIQ) contract
| Item | Standard REIQ treatment | Contract action |
|---|---|---|
| Built-in oven / rangehood | Included fixture | No action needed (unless the seller excludes it) |
| Freestanding dishwasher | Chattel — not included | Must be written under Included Chattels |
| Solar panels & inverter | Included fixture | Verify the system is owned outright, not leased |
| Pool net, pole & robotic cleaner | Chattel — not included | Must be written under Included Chattels |
| Garden shed on a concrete slab | Included fixture | No action needed |
General information only — not legal advice. Conveyancing law varies by state and changes over time; confirm your situation with a licensed conveyancer or solicitor.
