How to add Chattels in contract correctly.

[Earnest1]

Hello,

I am interested on how to go about wording the inclusion of chattels on the contract correctly. I am located in QLD for the record. The list of things I want to ensure stay with the purchase of the property is as follows:

• Bricks and Pavers (These are situated outside stacked up in a couple of various spots and a few odd ones laying here and there around the yard)
• Roof Tiles and Roof Tile Caps (These are also outside sitting next to the house)
• Dishwasher (Is located in the kitchen of course)
• Airconditioning Units (These are probably fixtures, but am covering my butt. There is one in the living area and one in the master bedroom)
• Oven (The oven is of course in the kitchen, but looks like it could be easily removed as the hole it sits in isn't cut for the shape of the oven)
• Blinds and Curtains (Found all around the windows of the house of course)
• Internal and External Light Fittings, Coverings and Globes

What I want to know is, how specific do you need to be? For example, is it sufficient to say "Any and All Pavers and Bricks" as well as "Any and All Roof tiles and Capping tiles"? Or do you need to be more specific?

I have already taken photos of these items as a record.

 

[JoP]

chattels recorded on a contract

Do you have a lawyer, if yes discuss with him or her
If you are acting for yourself, there will be a space in the contract for 'inclusions'. Write them in. If they won't fit, write in 'see attached list' and itemise them separately and annex list to contract and make sure it is in the contract signed by the vendor as well
If the inclusions are worth a bit of money, by doing it this way you will be paying stamp duty on the value of the inclusions. So, you might want to consider having a simultaneous and interdependent contract, or just a special condition in the contract, noting the chattels as a separate sale for $X which you won't pay stamp duty on. Deduct the consideration allocated to the inclusions from the sale price on the contract. You wouldn't bother for less than $5,000 of inclusions, which it doesn't sound as though you have (don't know how many bricks and pavers) If you still don't have a lawyer, may I suggest you get one. Lawyers are cheap in terms of the problems they can save you. They are trained and experienced in what you are doing. A house is a massive investment and you are probably going into debt for many years. If you make a mistake, it is on your head. If your lawyer makes a mistake, it's a claim on their professional indemnity insurance. And everyone makes mistakes. PS Photos are a great way to go, you have to prove that the intention was that what is in the pic.s is part of the subject matter of the contract.

 

[Andrew_A]

Firstly asking the seller or the agent directly would be a start, window covers and window furnishings are probably one to ask specifically about in most cases, dishwashers are another common one. Be clear about your expectations and place the items in the contract, also conduct a pre settlement inspection, almost all cases these things run smoothly if they have been discussed before.

 

[RPI]

The Australian Encyc of precedents from LexisNExisAu provides a very complex wording for a chattel inclusion clause for the special conditions section of the contract.


"Included in the sale are the following:"

I am not suggesting that you use this clause, see a lawyer

D

 

[travelbug]

Just tick the boxes on the front page of the contract under Inclusions for all except the first 2 (they are listed there). Write those in, in the same box.

The last ones (except the dishwasher would be fixtures anyway). Unless the AC are portable.

 

[KJB]

So, you might want to consider having a simultaneous and interdependent contract, or just a special condition in the contract, noting the chattels as a separate sale for $X which you won't pay stamp duty on. Deduct the consideration allocated to the inclusions from the sale price on the contract.

Are there any general rules ot thumb to come up with a number or percentage of the chattels proportion of a property? I know the age would play a big factor but lets say I put in an offer on 20-25 year old townhouse and decalre that 5% of the cost are chattels. Would you think thatsa conservative or optamistic number?

 

[Scott No Mates]

Chattels doesn't include building materials so you will need to document these items otherwise they'll end up in the skip.

 

[Terry_w]

You need more than ticking boxes for these sorts of things. I would think special conditions with very clear descriptions of the item are the way to go. Word it so that there can be no doubt - your solicitor can tidy it up, but you will need to describe it first.