The seller must remove all excluded chattels 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, called a "good" in the Victorian contract, that the seller can take. Two things decide it. First, how firmly it's attached: something resting on its own weight, like a freestanding fridge or a potted plant, leans chattel, while something bolted, screwed, cemented or wired in that can't come off without damage leans fixture. Second, and more importantly, why it was attached: to improve the property itself, or just to use and enjoy the item. Don't rely on the test if you can avoid it: write anything you want to keep into Goods sold with the land, and list anything the seller intends to take as an excluded fixture. This is the kind of detail to settle when you review the contract and Section 32 vendor statement before you sign.
A few modern items cause the most arguments. A wall-mounted TV is a chattel, but the bracket screwed into the wall is a fixture. Solar panels are fixtures, but check they're owned outright. If they're leased or financed, the provider usually registers a security interest on the PPSR, the national register for security over goods, and that interest has to be discharged before settlement so it doesn't follow the panels to you. Your conveyancer should get a payout or release figure from the seller's side and confirm the discharge as part of settlement.
Does the seller have to leave the place in the same condition?
Yes. Under a standard Victorian contract the seller has to hand the property over in the same condition it was in on the day of sale, fair wear and tear aside. If they take an excluded fixture they're entitled to remove, they're expected to make good the damage from taking it out, so patching and tidying where a heater or a bracket came off, not leaving bare wires or open holes. Your due diligence carries through to the final inspection in the week before settlement, where you check the property still matches its day-of-sale condition.
What if something's missing or damaged at the final inspection?
If an agreed good is missing, or a fixture has been stripped out when you inspect, you generally can't cancel the contract over it. In Victoria you also can't simply dock money off the settlement figure on your own, because there's no general right to withhold funds without the seller's agreement. The practical fix is for your conveyancer to raise it before settlement and negotiate a remedy, usually a price adjustment or an agreed retention where money is set aside until the item is returned or the damage is made good.
Who hands over the keys, remotes and codes?
What you get at settlement is the property and the things you need to actually use it, not just the title. That means the keys, garage and gate remotes, security fobs and swipe cards, and any manuals, which usually pass through the agent once settlement is confirmed. For anything hardwired that runs on a code, like an alarm, an intercom or a fixed smart-home hub, the seller should hand over the current access codes or PINs and take the property off their own accounts. If a particular remote or code matters to you, list it as a good in the contract so there's no argument on the day.
Quick reference under a standard VIC (LIV) Contract of Sale
| Item | Included by default? | Contract action |
|---|---|---|
| Fixed floor coverings (carpet, timber) | Yes | Included under standard terms |
| Window furnishings (blinds, curtains) | Yes | Included under standard terms |
| Light fittings & ceiling fans | Yes | List explicitly if the seller wants to take a specific fitting |
| Freestanding under-bench dishwasher | No | Write under Goods Sold With The Land |
| Split-system air-conditioner remote | Yes | Must remain on site at settlement |
General information only — not legal advice. Conveyancing law varies by state and changes over time; confirm your situation with a licensed conveyancer or solicitor.
