Buying or Selling A Home? How to Time Your Move for a Smooth Settlement
When it comes to buying or selling a home, most people focus on price negotiations, buyer conditions, and the paperwork. But one of the most important, and often overlooked, steps is the move-out timeline. In Queensland, you’re typically required to provide “vacant possession” at settlement, which means the property must be empty, clean, and ready to hand over at the agreed time.
If the move runs late, if items are left behind, or if buyers can’t access the property when expected, it can trigger legal and financial issues that could have been easily avoided. At Bradley & Bray, we often advise clients on how to prevent settlement-day headaches by planning the moving process with the same care they give to contracts and conditions.
Here’s what buyers and sellers should know about timing their move, and how working with a professional removalist can make the difference between a smooth handover and a stressful one.
Vacant Possession: What the Contract Really Requires
In most standard Queensland sale contracts, the seller is required to provide “vacant possession” by the time settlement occurs. This doesn’t just mean the keys are handed over – it also means the property is empty of all personal belongings (unless otherwise agreed), reasonably clean, and available for the buyer to occupy immediately.
Delays can happen for all sorts of reasons, but if the seller isn’t ready by the settlement time – whether because furniture hasn’t been moved out or final cleaning hasn’t been completed – it can breach the contract. That opens the door to penalties, disputes, or even delayed settlement.
When Should You Book a Removalist?
Property buyers and sellers often ask: Can I wait until finance approval before booking a removalist? While that might seem cautious, it’s usually too late if you’re aiming for a stress-free transition.
“Ideally, you want to secure a removalist two to four weeks out – especially if you’re moving during a busy period like school holidays or month-end,” says Ed Burton, CEO of Upmove, a platform where Australians can find and book trusted removalists. “Sellers don’t want to get stuck paying penalties or be forced to rush out mid-inspection because they didn’t book early enough.”
Burton advises that your Sunshine Coast removalists should be given your expected settlement date as soon as possible, even if it’s still subject to final conditions. Many companies can hold a flexible date or offer rescheduling if timelines change.
Don’t Overlook the Gap Between Moving Out and Settling
While the legal requirement is to have the property empty by settlement, many sellers find it helpful to move out the day before. This creates space for cleaning, waste removal, and final checks, without the time pressure of same-day logistics.
If you’re planning to leave it to the last minute, ensure you’ve got backup plans in case of delays. Having a cleaner scheduled, extra help available, or even short-term storage booked can make a real difference if something unexpected comes up.
Early Access to the Property Before Settlement
In some property transactions, a buyer may request early access to the property before settlement. While this is not a standard right, sellers may agree to it under carefully negotiated conditions. These arrangements are usually documented in writing, typically through a licence agreement or a special condition in the contract, to ensure both parties are protected and their obligations clearly defined.
Early access is generally granted for limited purposes, such as measuring spaces, storing items, or carrying out minor cleaning or repairs. Importantly, buyers are not permitted to occupy the property or make alterations unless expressly authorised. Because legal title doesn't transfer until settlement, access is granted on a licence basis – not as a tenancy – meaning the buyer has no legal interest in the property at this stage. Typically, the buyer must accept full responsibility for any risks, indemnify the seller against damage or liability, and maintain appropriate insurance. They may also be required to cover utility costs and ensure the property is kept secure during this period.
For these reasons, if you, as a buyer, have been granted early access, it's vital to understand your legal obligations before booking a removalist or making any firm plans.
Final Checks Before You Hand Over
A common issue at settlement is confusion about what stays and what goes. When the contract was agreed upon, it would have specified Included and Excluded Chattels. For example, items like whitegoods or pool maintenance equipment may be listed as Included or Excluded Chattels in the contract, depending on what has previously been agreed between the seller and the buyer. Obviously fixed items like carpets, light-fittings, and television aerials are considered to be fixtures, and are usually included, but are often also specified in the contract. Carrying out a final inspection will allow the buyer to ensure these items are still in place and functioning.
For sellers, we recommend doing a walkthrough before the buyer’s final inspection. Anything listed as an Excluded Chattel should be removed well in advance of the inspection. Sellers should also leave the following items in preparation of settlement:
● Garage remotes
● Spare keys
● Any warranty documentation
During the final inspection, buyers should walk through the property with the contract in hand, to ensure all the Included Chattels are present and functional.
Ensuring these details are in place helps prevent disputes and creates goodwill for both parties.
The Bottom Line
Buying and selling a property involves more than legal paperwork – it’s also a logistical process that needs careful coordination. Working with professional removalists, booking early, and allowing time for a final clean and check can help you meet your obligations without unnecessary stress.
If you’re unsure about the timing or your responsibilities in the lead-up to settlement, speak to your conveyancing lawyer early. At Bradley & Bray, we’re here to help you move forward with confidence.
Disclaimer: This article is general in nature and does not constitute legal advice. If you require legal advice in relation to your personal circumstances, you must formally engage our firm or another firm to provide legal advice in relation to your matter. Bradley & Bray lawyers take no responsibility for any use of the information provided in this article.
