Whilst it is generally considered a common courtesy that the Seller should arrange for the property to be left in a clean and tidy condition for the Buyer at settlement, this is not always the case.

Most real estate property sales in Western Australia are carried out using the standard Real Estate Institute of Western Australia (REIWA) Contract for Sale of Land or Strata Title by Offer and Acceptance (“the Contract”) and incorporating the Joint Form of General Conditions for the Sale of Land (“the General Conditions”).

Unless specified otherwise, the standard Contract does not contain any specific requirements for the Seller to make the property clean and tidy at settlement, and one of the only relevant conditions in the General Conditions states:
“6.1(b)(2) …the Seller must remove from the Property before the Possession Date, all vehicles, rubbish and chattels, other than the Property Chattels.”

It is commonly understood that at settlement the property should be in the same or similar condition as at the date of inspection (or the Contract date). However, due to restrictions around the worldwide COVID-19 pandemic, as well as the extremely competitive property market recently, not all Purchasers have been able to inspect the property before making an offer to purchase. Even if an inspection is made, the Purchaser may not be able to inspect all aspects of the property during a short inspection timeframe.

The General Conditions also allow the Buyer the right to inspect the property on one occasion within five (5) business days before the Possession Date (normally the Settlement Date). This is the best opportunity for the Buyer to double-check the state of the property, to ensure that all of the Seller’s conditions under the Contract have been met, and to raise any last issues with the Real Estate Agent directly (who is usually present at the final inspections with the Buyer).

THE ABOVE CONTENT IS PROVIDED AS GENERAL INFORMATION ONLY. RWS SETTLEMENTS STRONGLY RECOMMENDS SEEKING PROFESSIONAL ADVICE ON THE SPECIFIC CIRCUMSTANCES OF YOUR SETTLEMENT.