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FAQ: Does that fixture come with the property?

What comes with the property you are buying, and what doesn't? It depends if it's a fixture and if it's written into the contract.

Things that are physically bolted, concreted or nailed to a property are called fixtures. These include light fittings, carpets and tiles, taps, curtains and blinds, shelving and any appliances built into the kitchen cabinetry. All these things are automatically sold with a residential property in Victoria.

But if an item isn’t fixed to property = if you could easily unplug it and walk away with it, then it's not a fixture. Things like a dishwasher, a free-standing bath that isn't attached to the floor, upright cooker stove, swimming pool equipment, water tank pumps and portable garden sheds. The vendor can remove these items prior to settlement.

Garden fountains/statues and TV brackets can be contentious, because some vendors don't consider these to be fixtures of a permanent nature. Some vendors will also specifically exclude certain items that ordinarily stay behind, such as a particular light fitting.

Other items that may need to be clarified are large outdoor pot plants, cubby houses, bathroom mirrors, BBQs, walk-in-robe shelving and electric car charging equipment.

To remove any doubt or confusion, ensure all the items you want to stay behind are written into the contract, next to the standard line about light fittings and floor coverings. This is usually included under the heading Goods Sold With The Land, or Chattels, and is located near the sale price in the contract.

Note: the above is general information and should not be considered as legal advice.

Buying Property

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