21st January, 2026 

Buying a home is an exciting endeavour. However, cleaning issues before settlement can often cause stress for purchasers. Many purchasers expect the property to be spotless at handover. Unfortunately, that expectation is not always correct. 

In New South Wales (NSW), a vendor is generally required to deliver the property in the same condition as at the contract date, allowing for fair wear and tear. Importantly, there is no automatic legal requirement for a vendor to professionally clean the property before settlement. Therefore, purchasers must rely on the contract terms for protection. 

Purchasers are usually entitled to conduct a pre-settlement inspection shortly before settlement. This inspection allows purchasers to confirm the property’s condition. If the property is substantially dirtier than at exchange, purchasers can raise concerns. However, minor dust or normal wear will rarely justify delaying settlement. 

Cleaning Conditions and Purchaser Rights 

Most NSW contracts do not define what “clean” means. As a result, cleaning disputes are common. Therefore, purchasers who want certainty should negotiate a special condition before exchange of contracts. 

For example, a contract may require the property to be professionally cleaned. Additionally, purchasers may request carpet cleaning or pest treatment where appropriate. Without a specific clause, purchasers cannot require professional cleaning at settlement. 

Accordingly, early legal advice is essential. Once contracts are exchanged, options become limited. 

Fixtures, Chattels and Cleaning Disputes 

Chattels often cause cleaning and rubbish disputes at settlement. Chattels are moveable items that are not fixed to the property, unlike fixtures such as built-in appliances or fittings. In NSW, fixtures are included in the sale unless excluded, while chattels are excluded unless they are expressly listed in the contract. For this reason, purchasers should never rely on assumptions based on inspections alone. 

Common chattels include fridges, washing machines, outdoor furniture, pot plants, pool equipment, and freestanding storage items. If these items are not listed as included chattels, the vendor is generally entitled to remove them before settlement. Conversely, vendors may also leave behind unwanted items if the contract does not require their removal. 

Accordingly, purchasers should ensure all included chattels are clearly identified in the contract. Similarly, contracts should specify that any unwanted items must be removed prior to settlement. Clear drafting helps avoid disputes and prevents unexpected rubbish or cleaning issues on handover. 

Rubbish Removal and Vacant Possession 

Rubbish left behind is another frequent settlement issue. Importantly, purchasers buying with vacant possession expect the property to be empty. This usually includes the removal of rubbish and excluded chattels. 

If rubbish remains, purchasers may have contractual rights. However, these rights depend entirely on the contract wording. Therefore, rubbish removal obligations should be expressly addressed before exchange. 

Where tenants previously occupied the property, purchasers should exercise caution. Any cleaning or bond arrangements occur between the tenant and landlord. Consequently, purchasers cannot rely on those arrangements for protection. 

Why Contract Clarity Matters 

NSW property transactions rely heavily on contract terms. Therefore, purchaser rights depend on what is written, a carefully drafted contract reduces settlement delays and disputes. 

By working with a conveyancer, purchasers can add practical protections. For example, contracts may allow money to be withheld if cleaning obligations are not met. 

How We Can Help 

Our conveyancing team helps purchasers protect their rights before exchange. We review contracts, negotiate conditions like cleaning, rubbish removal, and chattels, and guide you through settlement with confidence. 

We proudly assist purchasers across Byron Bay and surrounding suburbs including Suffolk Park, Bangalow, Mullumbimby, Brunswick Heads, Ballina, and Ocean Shores.