The goods in the shed

The real estate agent may promise the world, but if the goods aren't identified in the contract, they probably won't come with the property.  Unless you seek legal advice before you sign, that is. Here's a story about what could go wrong...

When Kelly signed the contract for her first home, she talked to the agent at length about the goods in the shed at the back of the property including a lawnmower, some tools and a beer fridge. Kelly was particularly interested in the lawnmower as moving from an apartment, she was going to have to buy one. When Kelly asked if the goods in the shed could be included, the agent said he thought that would be fine.  

However, when Kelly received the keys to the property after the settlement, she saw that the shed had been emptied. Confused, she called the real estate agent and was advised that because no allowance in the contract had been made for the lawnmower and contents of the shed, the vendor had reserved their rights to remove the items and take them to their new property. 

It is critical for buyers to have any agreements about goods written and recorded in the purchase contract. An oral agreement with the real estate agent may not be enough to protect your interests. Get in touch with a solicitor before signing the contract so your solicitor can draft a special condition to attach to your purchase contract and protect your rights.

We do two free contract reviews for each client.  Ask the agent for the contract and vendor's statement and email to laura@nestlegal.com.au BEFORE you sign!