Settlement fixtures

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aminn524

Member
6 October 2021
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We’re about to settle on a property, but I am not clear about what items are considered fixture and cannot be removed.

In the contract, the solar panel is listed in the inclusions but we didn’t explicitly mention the solar storage battery.

The property also has plantation shutters throughout the building but in the contract it is only mentioned as blinds.

So my question is that is the seller allowed to take out the shutters and solar battery on settlement?

All these items are clearly listed in the property advertisement.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
So my question is that is the seller allowed to take out the shutters and solar battery on settlement?

Unlikely.

You should make it clear those items were advertised as part of the sale and as such are to stay at the property. My be better to have the argument before settlement rather than after settlement when the vendor has your money. If dispute arises, then ask for some monies to be held on trust while the settlement proceeds. Gives time to work out a deal.