Many vendors assume selling a home is simple. Choose a conveyancer, pay a low fee, sign the contract, and settle. In practice, one unclear list of inclusions and exclusions can trigger a last minute dispute that costs far more than proper drafting at the start.
This article uses a real Victorian style scenario to explain why fixtures and fittings disputes arise, what the law looks at, and how to avoid problems before settlement.
Key takeaways for sellers and buyers in Victoria
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Do a fixtures and fittings audit early
Walk through the property and identify anything attached, plumbed, wired, screwed, bolted, grouted, glued, or built in. -
Put inclusions and exclusions in the contract
Do not rely on an email, an agent text message, or a list provided “for reference”. If it matters, attach the list to the contract and refer to it in a special condition. -
Align the contract with what the buyer inspected
If the buyer inspected the property with items present, removing them without contractual clarity invites dispute. -
Do not remove anything that might be a fixture before settlement without advice
If you are unsure, treat the item as included until confirmed otherwise. -
Get the contract reviewed before you sign
Once signed, the contract is binding. Fixing ambiguity afterwards is usually harder, slower, and more expensive than addressing it upfront.
The story: how the dispute started
A vendor contacted our firm after a dispute arose during the sale of their Victorian home.
Before settlement, the vendor wanted to sell certain items separately, including outdoor tiles, shelving, a bar table and chairs, and other furniture. The vendor provided a list of items to their conveyancer.
The buyer inspected the property twice and then signed the contract.
The vendor later realised the contract did not clearly state that the listed items were excluded. Assuming the items were not part of the deal, the vendor sold and removed some of them before settlement.
Shortly afterwards, the buyer’s solicitor wrote alleging items had been removed, requiring the conduct to stop, and reserving the buyer’s rights to claim compensation.
The core issue was whether items like floor tiles and shelving were part of the “goods sold with the land” under the contract, or personal items the vendor could remove.
Why this becomes a legal problem: fixture or chattel
In Australian property law, disputes about “what stays and what goes” usually turn on whether the item is a fixture (part of the land) or a chattel (personal property).
Courts generally focus on two related questions:
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Degree of annexation
How physically attached is the item to the land or building -
Purpose of annexation
Was it attached to improve the property as property, rather than simply to enjoy the item itself
These are the well known principles discussed in Holland v Hodgson (1872) LR 7 CP 328, and commonly summarised as looking to attachment and objective purpose.
Victorian authority applies the same style of reasoning. A commonly cited example is Belgrave Nominees Pty Ltd v Barlin Scott Airconditioning (Aust) Pty Ltd [1984] VR 947, where installed plant was treated as a fixture in circumstances supporting an objective intention of permanent fitting.
Why the evidence often stacks up against the seller
Floor tiles
On most facts, a vendor faces a steep argument that floor tiling is not included.
Floor tiles are typically integrated into the premises and installed for the enduring improvement of the property. If the contract includes broad wording about fixtures and fittings of a permanent nature, removing tiling before settlement is high risk.
Shelving
Shelving is more fact sensitive. Some shelving is clearly fixed and intended to be part of the property. Other shelving is closer to removable furniture. The outcome often turns on the method of attachment and the objective purpose of installation, not what either party privately intended.
Outdoor furniture and movable items
Outdoor furniture, bar stools, and free standing items are usually chattels. Disputes arise when marketing materials, inspections, or unclear drafting create a different impression about what is included.
The simple fix that usually avoids the dispute
In many Victorian disputes of this kind, the practical solution is straightforward:
Attach the exclusion list to the contract and include a special condition stating that the listed items are expressly excluded from the sale.
If an item might reasonably be seen as part of the property, assume it must be dealt with expressly in writing in the contract documents.
Why “cheap conveyancing” can become an expensive false economy
Licensed conveyancers in Victoria can perform conveyancing work, but their permitted work is defined and limited. Government guidance summarises section 4 of the Conveyancers Act 2006 (Vic) as covering legal work connected with transactions that create, vary, transfer, convey, or extinguish legal or equitable interests in real or personal property, with examples including sale of land, leases, and mortgages. Regulators also emphasise that conveyancing work may be performed by lawyers and non lawyers, and that non lawyer conveyancers must be licensed and must stay within the statutory definition of conveyancing work.
The practical point is this: disputes about inclusions, removal before settlement, and compensation claims are precisely where a low fixed fee can become a false economy. Clear drafting at the start is usually the cheapest risk control available.
Final note
This article is general information only and is not legal advice. Whether an item is included in a Victorian sale depends on the contract terms, the facts of annexation, and the surrounding circumstances. If you are selling or buying in Australia and you are unsure about what stays and what goes, we can review the contract and help you document clear inclusions and exclusions before you sign.
