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What is included in the sale of a house? What you need to know about fixtures and chattels in WA.

Often buyers will ask us in the days prior to settlement, "Does the dishwasher stay?" or "What about the fridge?", "Can the seller take the garden shed?".  All reasonable questions, but these are the sort of things buyers should be asking before signing a contract.  Unfortunately, assumptions about what's included in the sale are one of the most common causes of disputes between buyers and sellers. The good news is that most of these disagreements are completely avoidable.


Whether you're buying your first home in Joondalup, upsizing in Mullaloo or purchasing an investment property around Padbury, understanding what's included in the sale before you sign the Offer and Acceptance (O&A) can save a lot of stress later.


What does the contract actually say?


The Offer and Acceptance (O&A) contract used in most residential property transactions in Western Australia includes a section called "Property Chattels".  This is where the parties record any movable items that are included in the sale.  You’ll see many real estate agents use standard wording similar to:

"All fixed floor coverings, window treatments and light fittings as inspected by the Buyer."


This provides a useful starting point, but every property is different.  If there are additional items that the buyer and seller have agreed will stay with the property, they should be specifically listed in the contract before it's signed. 


Remember: if it's not written into the contract, it can become much harder to prove later that it was intended to be included.


Fixtures vs chattels: What's the difference?

Without getting deep into the legalities, it helps to understand the difference between fixtures and chattels.  Generally speaking, a fixture is something attached to the property and a chattel is something that can usually be moved.


The Offer and Acceptance specifically includes a section for property chattels, so if there's a movable item you want included in the sale, don't assume it comes with the house.  Instead, ensure that you have it written into the contract.  Hint: Your settlement agent can also review the contract before you sign and identify anything that should be clarified.


What's usually included in the sale?

While every contract is different, buyers can generally expect items like these to remain with the property.


Usually included

Usually not included

Check the contract

Built-in oven

Refrigerator

Dishwasher

Cookstop/stove & rangehood

Washing machine

Security cameras

Fixed clothesline

Dryer

Alarm system

Fixed floor coverings

Outdoor furniture

Cubby house

Hot water system

BBQ

Pool equipment

Light fittings

Pot plants

Wall-mounted surround-sound speakers


Every property is different (as is every contract) so this table should be used as a guide only.  To put it simply: If there's something you particularly want included in the sale, ask the question before making your offer.


Common misunderstandings

Over the years, we've seen plenty of misunderstandings about what's included in a sale.  This could come down to a verbal agreement that is later disputed (e.g. "The seller told me I could have the fridge.") or a misunderstanding ("I thought the dishwasher came with the house.") or even a dispute around what was advertised ("The security cameras were advertised with the property."). 


Most of these situations arise because something was discussed during inspections or negotiations but never made its way into the written contract. Property transactions are governed by what's written (despite any other discussions you have to the contrary).  That's why it's so important to make sure any special agreements are documented before both parties sign.


The golden rule: If you're not sure, write it into the contract.


This is probably the single best piece of advice we can give buyers.  If there's anything you're unsure about, ask.  And if there's anything you specifically want included, have it written into the contract, and be as specific as possible.  Instead of writing ‘Fridge included’, write something like 'Stainless steel LG French-door refrigerator [Model]’.  Being specific removes uncertainty and makes everyone's expectations clear from the outset.


What if the seller removes something that should have stayed?

If you believe something included in the contract has been removed before settlement, let your settlement agent know immediately.  This is one of the reasons buyers are usually entitled to conduct a final inspection within the five business days before settlement.  The earlier any issues are identified, the easier they usually are to resolve. Waiting until after settlement can make matters significantly more complicated.


Here’s a fun little anecdote about this very situation.  When North Shore Conveyancing’s Licensee, Katelyn, purchased her property, she noticed at the final inspection that the oven had been removed.  Upon querying this with the sellers, they simply said yes, they had removed it and packed it into their shipping container to take back to the UK with them. To resolve this, once it was explained to the sellers that the oven was included in the sale, they replaced it like-for-like with a new one.  


Why the final inspection is so important

Your final inspection has many purposes, but one is to confirm that agreed inclusions remain with the property.  During your inspection, check that:

  • The agreed property chattels are still there.

  • Fixtures haven't been removed.

  • Nothing has been substituted with an inferior item.

  • The property is substantially in the same condition as when you made your offer.


If something doesn't look right, contact your settlement agent before settlement proceeds. For a complete checklist, take a look at our separate guide on final inspections in WA.


How a pre-contract review can help

One of the biggest advantages of having your settlement agent review your contract before you sign is that they'll often ask questions you hadn't even considered (or realise need to be included in writing). For example:

  • Is the dishwasher included?

  • Does the property have any security equipment?  Is this staying?

  • Is the pool equipment included?


These conversations are much easier to have before contracts are signed than after.  At North Shore Conveyancing, our complimentary pre-contract reviews are designed to identify these types of issues early, so everyone knows exactly what's included before the transaction becomes legally binding.


FAQ: What is included in the sale of a house?

What is included in the sale of a house in WA?

It depends on the contract. The Offer and Acceptance lists the property chattels included in the sale, and any additional agreed items should be specifically recorded before signing.

Sometimes. While many sellers leave the dishwasher, it's always best to check the contract rather than assume.

Usually not, unless it's specifically included in the Offer and Acceptance.

Notify your settlement agent immediately. If the item forms part of the contract, they can help resolve the issue before settlement.

Absolutely. Buyers and sellers can agree to include additional items, but they should always be clearly written into the contract.



Knowing what's included avoids surprises


One of the easiest ways to avoid disputes during settlement is to make sure everyone understands exactly what's included in the sale before the contract is signed. You should never assume an item stays simply because it was there during the home open or because someone mentioned it during negotiations.  If you're unsure whether something is included, ask the question and have the answer recorded in writing.


At North Shore Conveyancing, we help buyers across Perth review their contracts before they sign, making sure the details are clear and there are no surprises later. If you're preparing to make an offer and would like a complimentary pre-contract review, contact Katelyn today for practical, straightforward advice before you commit.


 
 
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