Chattels are goods that may be included in or excluded from the sale. Generally, a fixture or a fitting is included in the sale of land, but it is sometimes unclear what is a fixture or fitting. To avoid disputes it is essential to set out in the contract all the items which are included or excluded from the sale.
Some items form an integral part of the home but may not be included in with the sale because they are still being paid off. The additional expense of taking over payments, or the cost of replacing the items, should be taken into account when the purchase price is agreed. The same applies to items that would normally be included with the home but the vendor wants to keep. These are called excluded chattels.
The removal of chattels (for whatever reason) can sometimes lead to expensive repairs, which should also be a consideration when fixing the purchase price.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.