Seller Won't Allow a Final Inspection Before Settlement in Victoria

Settlement is approaching, but the agent says the seller will not let you in for a final inspection. Before deciding what that means for settlement, confirm when you asked to inspect, exactly what was refused and what your signed contract says.

The short answer: Consumer Affairs Victoria says a Victorian buyer is entitled to inspect the property at a reasonable time during the week before settlement, with the inspection arranged through the agent. If access is refused during that period, keep the refusal in writing and send the contract and message trail to your conveyancer promptly. Do not assume the refusal automatically cancels or postpones settlement.

Check whether the request is within the final week

Timing matters. Consumer Affairs Victoria describes the inspection entitlement as applying at a reasonable time during the week before settlement. A request made two weeks before settlement may be useful for planning, but refusing that early request is not the same as refusing a reasonable inspection during the final week.

Check the signed contract as well. Its access wording and any special conditions may affect what can be requested.

Propose a specific time in the final week and, if that does not work, offer another reasonable option. Ask the agent who will provide access and whether the problem is the proposed time or access itself. A seller declining one appointment is different from saying that no inspection will be allowed before settlement.

Put the access problem in writing

Email the agent with the settlement date, the inspection time or times you proposed and a request for a confirmed appointment. If the agent says the seller has refused, ask whether that means no access will be provided at all or only that a particular time cannot be accommodated.

Keep the replies, along with any earlier booking, cancellation or rescheduling messages. Then send your conveyancer:

the signed contract and relevant special conditions
the settlement date
the inspection times you proposed
the agent's full replies
details of any booking that was cancelled
whether the property is occupied.

The agent is the practical contact for arranging the inspection. Your conveyancer can review the contract terms and deal with the settlement implications if a reasonable appointment cannot be secured.

Review the settlement response before money changes hands

The final inspection gives you a chance to compare the property with its condition when it was sold. Consumer Affairs Victoria says the contract of sale requires the seller to hand over the property in the same condition as when it was sold. It also says that if the buyer finds something damaged or no longer working as it did on the day of sale, the buyer can request a repair.

Those points explain why access matters, but they do not create an automatic right to cancel, postpone settlement or withhold part of the purchase price because access has been refused.

Ask your conveyancer to raise the access issue with the seller's representative and seek a practical inspection time. If access still is not provided, the next step depends on the signed contract, why access was refused, the communications between the parties and the approaching settlement deadline.

Do not make your own decision to stop settlement, pay less or treat the sale as over. Settlement is the point at which the balance of the purchase price is paid, title is transferred and possession usually passes unless another arrangement applies. Any response to a refused inspection should be worked out before that deadline with the contract in front of you.

Once access is arranged, use the inspection for its proper purpose

Confirm the appointment and take the contract, any useful sale-day photos and a short list of agreed inclusions or work. The purpose is to compare what is being handed over with what was sold, not to reopen every concern considered before signing.

Our final inspection guide explains what to check once access has been arranged.

If you find a change in condition, record it and tell your conveyancer before settlement. That is a separate question from refusal of access, because the response then depends on what was found, the contract and the time available before settlement.

Frequently asked questions

Can the seller choose the only inspection time?

Consumer Affairs Victoria refers to inspection at a reasonable time during the week before settlement. If one proposed time is refused, offer another reasonable option and ask the agent to explain the constraint. If no reasonable access is offered, send the correspondence and contract to your conveyancer for review.

Can I insist on an inspection two weeks before settlement?

The general Consumer Affairs Victoria guidance refers to the week before settlement. You can ask earlier and check whether your contract gives you broader access, but refusal of an early request does not by itself show that a final-week inspection has been denied. Make a clear request for a reasonable time during the final week.

About the Pearson Chambers Conveyancing team

Pearson Chambers Conveyancing assists with residential purchases, sales and title transfers in Melbourne and across Victoria. Where a buyer is refused a final inspection, the team can review the signed contract, raise the access issue with the seller's side and help manage the settlement steps that follow.

Sources we consulted

Get the contract and settlement deadline reviewed

If access has been refused and settlement is close, send the signed contract, proposed inspection times and the agent's replies to Pearson Chambers Conveyancing for a prompt review of the contract, deadline and next steps.

Email contact@pearsonchambers.com.au.

General information only, current as at the date of publication. Victorian conveyancing rules and legislation change frequently. Please contact the Pearson Chambers Conveyancing team for advice on your specific contract.