Don't forget the Chattels!
An important but often neglected part of a Sale and Purchase Agreement is the chattels list.
A chattel is a movable item that is not permanently attached to the land or building. Items that are permanently attached are generally considered fixtures and are treated differently. There is a small box on the second-to-last page of the standard Sale and Purchase Agreement containing a list of common items that are included with the property. These typically include floor coverings, window coverings, light fittings and the stove. However, there may be many other items at a property that a purchaser assumes will remain. If there is something you expect to be included in the sale, it is important to make sure it is specifically listed in the agreement.
Items such as garden sheds, dishwashers, waste disposal units, heat pumps, rangehoods, heated towel rails and alarm systems are often overlooked. I regularly receive distressed calls from purchasers who arrive for their pre-settlement inspection and discover that something they assumed was staying has been removed.
What you see is not necessarily what you are buying
One of the most important things for a purchaser to understand is that a property advertisement is not the same thing as the Sale and Purchase Agreement.
If an item is shown in photographs or mentioned in an advertisement, that does not necessarily mean it is included in the sale. If you want a particular item to remain at the property, make sure it is clearly identified in the agreement before you sign.
A real dispute and an unhappy purchaser
We recently dealt with a situation where a purchaser signed a Sale and Purchase Agreement without first obtaining legal advice.
At the pre-settlement inspection, they discovered that the spa pool shown in the property's advertising had been removed. The purchaser was understandably unhappy and raised the issue with us.
We reviewed the Sale and Purchase Agreement and found that the spa pool was not included in the chattels list. The purchaser then provided the original property advertisement, which clearly showed a spa pool at the property.
The vendor's position was that the spa pool had never been included in the agreed sale. They explained that the spa pool was available for the purchaser to purchase separately if they wished, but because it had not been included in the chattels list, they had accepted the purchaser's offer on that basis. The vendor's view was that, had the purchaser wanted the spa pool included, they would have expected a higher purchase price.
This illustrates an important point for buyers: what you see in a property advertisement is not necessarily the same as what you are legally purchasing.
The Sale and Purchase Agreement is the document that sets out the terms of the transaction. If there is something at the property that you expect to remain, make sure it is specifically addressed in the agreement before you sign.
Don't assume an expensive item will stay
I have also come across situations where vendors have removed or replaced chattels after the agreement has been signed.
For example, a vendor may replace an expensive light fitting with a cheaper one, or remove curtains and replace them with something of lesser value.
A purchaser is entitled to expect the property and included chattels to be in the agreed condition at settlement. However, disputes can arise when it is difficult to establish exactly what was at the property when the agreement was signed.
This is why taking photographs when you sign the agreement can be extremely useful. Your photographs can provide a record of what was actually at the property at the time of the sale.
What if you want to take a particular item with you?
The same principle applies to vendors.
I recently acted for a client who had a beautiful Venetian chandelier over the dining table. They definitely wanted to take the chandelier with them when they moved.
We advised them to address this before the agreement was signed by inserting a specific clause in the further terms of sale confirming that the chandelier was not included in the sale and would be removed before settlement.
This is a simple example of why it is important to identify anything unusual or valuable that you want to exclude from the sale before the agreement is signed.
Tips for avoiding chattel disputes
1. Walk through the property carefully before signing.
Don't just look at the rooms. Look at the kitchen, bathrooms, garage, garden and outdoor areas and identify anything you expect to remain.
2. Ask the agent what is included.
If you are unsure whether an item stays, ask the agent and make sure the agreement reflects what you have been told.
3. Check the chattels list carefully.
Don't assume that because an item is visible in the property or appears in the marketing photographs, it is included.
4. Take photographs.
Photographs taken when you sign the agreement can provide useful evidence of what was present at the property at that time.
5. Deal with unusual or valuable items specifically.
If there is a chandelier, artwork, appliance, garden structure or other item that is not straightforward, make sure it is specifically included or excluded in the agreement.
6. Get legal advice before you sign.
Once the Sale and Purchase Agreement is signed, it may be much more difficult to resolve a disagreement about what you thought was included. Having your lawyer review the agreement before you sign can help identify these issues early.
One of the easiest mistakes to avoid
Chattels might seem like a small part of buying a property, but they can become the source of a very unpleasant dispute.
If you are buying or selling a property, take the time to check the chattels list carefully and make sure it reflects what you have actually agreed.
And if you're not sure, ask before you sign. It's much easier to resolve a chattel issue before the agreement becomes unconditional than it is at settlement.
Originally published in 2016 and reviewed on 7 September 2026 by Sirpa Gunn.
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