When you buy a property in NSW, what you are really buying is the land.
So when you are looking at that four bedroom house with the beautiful polished floors, an amazing chandelier in the foyer and with a wooden cubby house in the back yard, what you are really purchasing is a plot of dirt.
That’s why it’s so important to go through the contract in detail and really specify what you expect to be on that plot of dirt when you hand your money over!
On the NSW Contract for Sale of Land, what you want and what you don’t want are set out in three clear sections – Improvements, Inclusions and Exclusions.
Improvements are the structures that have been built on the land. This is where we specifically list what you are buying, for example a House, or Home Unit, a Garage or Carport. If you are buying vacant land, this will also be stated in this section.
Inclusions are a list of all the items in the house that you expect to remain in the property when you take ownership. Standard inclusions noted on the Contract are blinds, built-in wardrobes, clothes line, curtains, dishwasher, fixed floor coverings, insect screens, light fittings, range hood, stove, pool equipment and TV antenna. Some other common examples are air conditioner, ceiling fans, gas heater, security system etc.
Occasionally you may make an agreement with the seller to buy something that belongs to them and is not really a part of the house, so for example if there are not built in wardrobes in the property, you may agree to purchase a free standing wardrobe that they have in the bedroom as part of the Contract.
The idea here is to be as specific as you can about what you expect so that there are no surprises on settlement.
We have had clients on the day of settlement disappointed about comparatively small things, for example the owner removing tomato plants from the garden. If you really want that tomato plant, or chandelier, or whatever it may be for you, the best thing you can do is write it down on the Contract so you know exactly what you are getting and there are no arguments or unnecessary stress on settlement.
Exclusions are a list of anything that you specifically want taken off of the property before it becomes yours. Examples may be an aviary in the yard or a built in workbench in the garage if you plan to use that space for something else.
This is also the place that the owner may tell you if they plan to take something that you may have thought was included. In this case it would normally be something of sentimental value for example the owner wants to keep the curtains in the bedroom as they were made for them by their mother, or perhaps they wish to move the cubby house to their new home.
The whole system is designed to make sure that you know exactly what to expect on the day of settlement.
Remember, ambiguity is the enemy of the law, so take the time to set out exactly what you and do not want on your Contract.