Your Pre-Settlement Inspection Guide
You've made it through negotiations, secured your finance, and settlement day is just around the corner. Before you collect those keys to your new Queensland home, you might want to consider conducting a pre-settlement inspection. At Cozee, we help Queensland buyers navigate this optional but valuable walkthrough to ensure their property purchase goes smoothly.
What is a Pre-Settlement Inspection?
A pre-settlement inspection is your final opportunity to view the property before ownership officially transfers to you. This inspection typically occurs within a few days before settlement and serves a specific purpose: to confirm the property remains in the condition it was when you signed the contract, allowing for reasonable wear and tear.
While you're not legally required to conduct a pre-settlement inspection, it's a sensible precaution that many buyers choose to take. It helps ensure there are no unpleasant surprises on moving day.
Unlike the building and pest inspections you likely organised earlier in the buying process, the pre-settlement walkthrough isn't about uncovering hidden structural problems. Instead, it ensures the seller has met their contractual obligations right up to handover.
Your Rights as a Queensland Buyer
Under the standard Queensland contract for the sale of land, you have the right to conduct a pre-settlement inspection at a reasonable time before settlement. Generally, you're entitled to inspect the property within a few days leading up to settlement day. Access is typically arranged through the real estate agent who can coordinate with the seller.
What to Check During Your Walkthrough
Inclusions and Chattels
Walk through with your contract in hand and verify that every item listed as included is still present. Check for appliances like dishwashers, ovens, and rangehoods. Look for air conditioning units, ceiling fans, and light fittings. Don't forget window treatments such as blinds and curtains if they were specified. Take a moment to test appliances briefly—turn them on to ensure they're functioning.
Fixtures
Fixtures are items permanently attached to the property. Confirm that built-in wardrobes, bathroom fixtures, kitchen cabinetry, and permanently installed shelving remain in place. Sellers sometimes confuse what can be taken versus what must stay.
Property Condition
Compare the property's current state to how it appeared when you signed the contract. Look for any new damage such as scratches or dents caused by moving furniture, broken windows or damaged doors, stained or damaged flooring, or issues with fences and gates. Remember, minor scuff marks from normal living are expected—you're looking for damage beyond ordinary wear and tear.
Cleanliness and Outdoor Areas
The property should be left in a reasonably tidy state that allows you to move in. The seller should have removed all their belongings unless specifically included in the sale. If the property has gardens or outdoor spaces, check that they're in a similar condition to when you inspected previously, and verify any outdoor items like garden sheds are present.
Basic Systems
Run taps to check for obvious leaks, flush toilets, and flick light switches throughout the property. If there's a pool, check that equipment is present and appears operational.
Understanding "Fair Wear and Tear"
"Fair wear and tear" recognises that properties naturally experience some deterioration through normal use. A few light marks on walls from everyday living would generally be acceptable. However, large dents in plasterboard from moving furniture would not. Similarly, a slightly worn carpet is expected, but carpet that's been stained or burned is not.
If you're unsure whether something constitutes acceptable wear and tear, your conveyancer at Cozee can provide guidance based on Queensland property law and standard practice.
When Issues Arise
If you discover problems during your pre-settlement inspection, contact Cozee immediately. Don't wait until settlement day to raise concerns.
Common issues include missing inclusions specified in the contract, damage beyond normal wear and tear, removed fixtures, and the property not being left in reasonably clean condition.
We'll communicate with the seller's solicitor to seek a resolution. Depending on the issue's severity, solutions might include the seller repairing or replacing damaged items, financial compensation, or in serious cases, a brief delay to settlement.
It's crucial not to simply refuse to settle without proper legal advice. Refusing settlement without valid grounds could put you in breach of contract. Let your conveyancer handle negotiations and advise you on the best course of action.
Practical Tips for a Successful Inspection
- Bring Your Contract: Have a copy with you, particularly the pages listing inclusions and special conditions.
- Take Photos: Document the property's condition with photographs or video for your records.
- Don't Rush: Allow sufficient time for a thorough inspection—typically 30 minutes to an hour.
- Bring Someone: A friend or family member can provide a second set of eyes.
- Make Notes: Jot down anything that concerns you to discuss with your conveyancer afterward.
- Check Everything Works: Don't just look—test taps, switches, doors, and windows.
Example Scenarios
Consider a buyer who discovers the nearly new dishwasher listed in the contract has been replaced with an old, barely functioning unit. This would be a clear breach, and through their conveyancer, the buyer could insist the original dishwasher be reinstalled or receive compensation.
In another scenario, a buyer might find large holes in bedroom walls from removed wall-mounted televisions and shelving. While small picture hook holes might be considered normal wear and tear, substantial damage typically falls on the seller to repair or compensate.
What If the Property is Tenanted?
If the property is currently tenanted, you still have the right to conduct your pre-settlement inspection. However, this requires coordination with the tenant and reasonable notice. The tenant's presence shouldn't prevent you from conducting a thorough inspection of all areas included in the sale.
Common Questions
How long does a pre-settlement inspection take?
Most inspections take between 30 minutes to an hour, depending on the property's size.
What if the seller won't allow an inspection?
This would likely breach the standard contract terms. Contact Cozee immediately if you encounter this issue.
When should I schedule my inspection?
Ideally within one to three days of settlement, allowing time to address any issues.
Do I have to do a pre-settlement inspection?
No, it's not mandatory, but it's highly recommended as your last opportunity to verify the property's condition before taking ownership.
The Bottom Line
Your pre-settlement inspection is an optional but valuable safeguard before taking ownership of your new Queensland property. It's your opportunity to ensure you're getting exactly what you paid for and that the seller has met all their contractual obligations.
At Cozee, we guide Queensland buyers through every step of the conveyancing process. We're here to answer your questions, coordinate with all parties, and ensure your interests are protected right up to settlement day.
Ready to move forward with your Queensland property purchase? Contact the team at Cozee for expert conveyancing assistance that puts your interests first.