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Settlement day is meant to be the satisfying bit. The purchase price is paid, the title changes over, the agent releases the keys, and you finally stop refreshing your bank app.
Then you walk in and it hits you: a cracked cooktop, a wardrobe door hanging off its hinges, old tyres dumped in the courtyard, paint tins in the shed, a pile of broken furniture in the garage. Your removalists are circling the block, the lift booking is ticking away, and your stress levels spike.
If you’re staring at someone else’s mess on handover day, you’re not alone. It happens across Melbourne, from inner city apartments to older weatherboards with a mystery shed out the back. The fix is not always instant, but there are smart moves that protect your position and keep things from spiralling.
This is general information for Victorian conveyancing. If you need advice for your situation, speak with your conveyancer or property lawyer.
What handover should look like in Victoria
Most Victorian contracts expect the property to be handed over in the same condition it was in when it was sold, allowing for fair wear and tear. If the contract requires vacant possession, the place should also be empty of people and belongings, ready for you to move in.
On a practical level, buyers usually expect:
Fixtures and fittings that were there at sale time are still there on settlement day (lights, built in ovens, taps, cupboards).
Items that were working at sale time are still working at handover, unless the contract says otherwise.
Rubbish and personal belongings are removed from the home and the areas that come with it (garage, car space, storage cage, courtyard, shed).
Keys, remotes, fobs, mailbox keys and alarm codes are available as agreed.
There’s a difference between ‘not cleaned to my standards’ and ‘left in a state that costs me money’. Dust in the skirting boards and a few cobwebs are annoying. A broken window, missing light fitting, or a trailer load of hard rubbish is another story.
The tricky bit is that disputes rarely turn on feelings. They turn on proof, contract terms, and a clear dollar figure.
The final inspection is your best prevention tool
In Victoria, buyers are generally entitled to inspect the property at a reasonable time during the week before settlement. Treat that inspection like a safety check, not a quick wander through with a coffee.
If you can, book it as close to settlement as access allows. Bring someone with you who notices details, especially if you’re deep in moving plans.
A solid final inspection routine looks like this:
Walk the property in the same order each time: front door to back, then outside areas, then garage and storage.
Turn things on and test what you can: lights, cooktop, oven, rangehood, bathroom fans, garage door, split system.
Check for new damage: fresh holes in walls, broken tiles, cracked vanity, missing cupboard doors, new water stains.
Open cupboards and wardrobes. Sellers often bump doors on the way out.
Check the places people forget: under stairs storage, garden shed, side path, roof access hatch (if you can safely see it), storage cage, car space.
If your contract dates still feel confusing, you’re not the only one. The finance date and the settlement date play different roles, and it can affect how much wriggle room you have when a problem pops up. This guide is a helpful refresher: Whats The Difference Between Settlement Date And Finance Date In A Victorian Contract.
Settlement day reality: when leverage is strongest
Your strongest negotiating position is usually before settlement completes.
Once settlement is done, you’ve paid the balance and taken title. You can still pursue compensation where the contract supports it, yet the process often becomes slower and more formal. That’s why fast reporting and good evidence matter so much.
There’s also a practical Melbourne issue: movers, lift bookings, parking permits, tram works outside your building, and a queue of people waiting for keys at the agent. When things go wrong, you want a plan that works in the real world, not one that assumes you have a free day and endless patience.
The first hour plan: what to do before you clean anything up
When you find damage or rubbish at handover, the instinct is to start fixing it straight away. Pause. Give yourself 20 minutes to build a record first.
1) Take wide photos, then close ups
Start with room wide shots from each doorway, then move in for detail shots. For rubbish, photograph it in place from a few angles so the scale is clear.
Tip: include something for size reference if it helps (a suitcase, a broom, a standard bin), without moving the pile.
2) Film a slow walkthrough
A single, steady video can be more convincing than 30 scattered photos. Say the room out loud as you go: ‘Kitchen’, ‘Main bathroom’, ‘Garage’, ‘Storage cage’.
3) Capture the timing
Send yourself a quick email or note with the time you collected keys and the time you discovered the issue. If you have a final inspection date and time, record that too.
4) Call your conveyancer, then follow up in writing
Phone first so your representative can act quickly. Then send an email with a short list of issues and attach your best photos.
5) Tell the agent in writing
Keep it factual and short. You’re creating a paper trail, not venting. If keys were collected from the agency, note when and where.
6) Don’t dispose of items unless there’s a safety risk
If you clear everything away immediately, you can weaken your proof. If something is dangerous (broken glass, sharp metal, strong chemical smells), take photos first, then make it safe and keep receipts.
7) Get quotes early
A quote or invoice turns ‘this is annoying’ into ‘this is the cost’. For rubbish, get a written removal quote. For damage, get a written rectification quote, even if the work will be done later.
That first hour is less about being dramatic and more about being organised. Clean evidence beats heated messages.
Decide what you’re dealing with: rubbish, damage, or both
A quick way to sort your next steps is to put the issue in one of these buckets.
Leftover rubbish and belongings
Examples: tyres in the courtyard, junk in the garage, furniture in the storage cage, green waste piled behind the shed.
Key questions:
Is it minor (a few loose items) or substantial (a removalist load)?
Does it block your use of a space you bought (car space, garage, courtyard)?
Does it involve items needing special disposal (paint tins, fuel, suspected hazardous material)?
New damage
Examples: cracked vanity, smashed cooktop, broken door, missing light fitting, torn flyscreen, new holes in walls.
Key questions:
Was it there when you signed, or did it appear later?
Do you have a final inspection record showing it wasn’t there?
Is it cosmetic, or does it affect safety or basic use?
Missing items that should have remained
Examples: dishwasher removed, curtain tracks missing, remotes not provided, garage door opener gone.
Key questions:
Was the item included in the sale (as a fixture or listed inclusion)?
Is there anything in writing that changes what was meant to stay?
Your conveyancer can help match the issue to the contract terms and work out the cleanest next move.
What can be done before settlement completes
If you discover the problem at the final inspection, or you find it early enough on settlement day before completion, there may be options to push for a fix before money changes hands.
What this can look like in practice:
The seller arranges rectification before settlement completes.
The parties agree a written adjustment amount, paid at settlement.
The seller provides a written undertaking to do certain works by a set date.
Settlement is delayed by agreement so a serious issue can be addressed.
Not every problem justifies a delay. Delaying settlement can trigger real costs: removalists waiting time, storage fees, extra accommodation nights, and finance complications. Your representative will weigh the size of the issue against the knock on effects.
What changes once settlement is complete
If settlement has already completed and you’re holding the keys, the approach usually shifts to a post settlement claim. That does not mean you’re stuck. It means you’ll want to be disciplined about your evidence and your numbers.
A useful claim file usually includes:
The contract and special conditions
Your final inspection notes and date
Time stamped photos and video
Quotes and invoices for repair and rubbish removal
A simple timeline of events (inspection, settlement, key collection, discovery)
All emails and texts with the agent and the seller’s representative
Keep your language neutral. Stick to what you found, when you found it, and what it costs.
If the seller hasn’t moved out, the playbook changes
Sometimes the problem isn’t rubbish or damage. It’s people and possessions still in the property when you were meant to get vacant possession.
That situation can be more urgent and the steps can differ, especially around access, safety, and what you can legally do with belongings left behind. If this is what you’re facing, read: What If The Seller Hasnt Moved Out By Settlement Day.
Where Section 32 fits, and where it doesn’t
A Section 32 statement (Vendor’s Statement) is vital, but it’s not a condition report. It’s mainly about title and property related disclosures: things like easements, zoning, outgoings, and restrictions that affect the land.
So if you’re dealing with settlement day rubbish or fresh damage, the heavy lifting is usually done by:
The contract terms (including any special conditions)
Your inspection record
Photos and video
Quotes and invoices showing the cost
A careful Section 32 review still matters for your purchase overall, and it’s one of the best ways to spot red flags early. We’ll come back to that at the end.
Serious damage before possession: extra rights may apply
Most settlement day disputes are about money and inconvenience. A small pile of junk, a broken cupboard door, a scratched floor. Frustrating, yes, but fixable.
A different category is serious damage before you take possession that makes a dwelling unfit to live in. In Victoria, the Sale of Land Act 1962 (Vic) contains provisions that can give a purchaser rights in that sort of scenario, including a right to rescind in limited circumstances if the dwelling becomes unfit for occupation before possession, with strict timing and notice requirements.
There are also rules that can affect how insurance proceeds are handled between contract and possession, again depending on the facts.
These are technical areas with high stakes, and the wording and deadlines matter. If you discover major damage (fire, serious flooding, structural issues, unsafe wiring, anything that stops ordinary occupation), get tailored legal guidance straight away. Don’t assume it will be treated the same as a minor defect.
A practical demand message you can send today
You don’t need a ten page letter to start. A short, clear email often gets the fastest response.
Here’s a template you can adapt:
We collected keys and took possession today. On entry we found the property was not in the same condition as at sale and/or contained items that should have been removed.
Issues identified:
– [list damage or rubbish briefly]
– [list missing items briefly]Attached are photos/video and quotes for rectification and removal. The current total cost is $[amount].
Please confirm by [day and time] whether the seller will pay this amount or propose an alternative resolution.
Keep it calm, keep it specific, and attach your best evidence.
Escalation options in Victoria if negotiation stalls
Most claims settle once the seller realises you’ve got clear proof and a fair figure. When that doesn’t happen, the next step depends on the amount involved, the contract terms, and the best forum for the dispute.
Your representative may suggest:
A formal letter of demand setting out the claim and the basis for compensation
A dispute resolution step if the contract includes one
A tribunal or court pathway suited to the claim
For some compensation style disputes, VCAT’s Civil Claims List (goods and services stream) may be relevant, and VCAT also offers a fast track service for some smaller claims (up to $10,000) that can start with mediation. Time limits can apply, and some disputes belong in a court rather than a tribunal, so get advice before you lodge anything.
A good rule of thumb is to keep asking the practical question: will the likely recovery justify the time, stress, and costs from here?
Melbourne moving day scenarios we see all the time
Inner city and inner north apartments
In Carlton, Southbank, Richmond, Brunswick and North Melbourne, it’s common to see:
Storage cages left full of junk
Balcony rubbish hidden behind planters
Missing remotes and building fobs
Dents and scratches along common corridors from move out day
Apartment buyers often check the unit and forget the cage and car space until the removal truck arrives. On your final inspection, physically walk to those areas and check them.
Townhouses and newer estates
In places like Point Cook, Craigieburn, Doncaster and the outer growth corridors, handover problems can include:
Garage remotes missing
Irrigation controllers removed or damaged
Rubbish shoved into side paths and narrow courtyards
Fresh scuffs and chips on stair walls from moving furniture out
These can be straightforward to price if you get quotes quickly.
Older suburban homes
In Preston, Bentleigh, Box Hill, Reservoir and similar areas, the classics are:
Sheds full of old paint tins and unknown liquids
Scrap metal piles behind garages
Broken gates and fence palings on the side access
Green waste and old furniture left in backyards
Removal can cost more when the waste is mixed or needs special handling. Don’t guess the cost. Get a written quote.
Recently tenanted properties
When tenants move out shortly before settlement, you can see:
Belongings left behind by occupants
Cleaning that doesn’t match expectations
Disputes about whether damage is old or new
These matters often come down to the paperwork and your inspection record. Avoid assumptions and keep communications factual.
Off the plan handovers
Off the plan buyers are already juggling completion notices, finance timeframes, and booking lifts in new buildings. If you’re dealing with delays, then a messy handover on top, it can feel like the last straw. This companion guide may help: Off The Plan Settlement Delays Your Rights And Options In Victoria 2026.
When market pressure affects seller behaviour
Busy markets can lead to rushed move outs and sloppy handovers. Policy settings and buyer mix can also influence how sellers time their exit. If you’re interested in the local angle, see: What The Foreign Buyer Ban Means For Melbourne Sellers 2025.
How hard should you push?
Try this simple filter: value, proof, and your own bandwidth.
Low cost, low disruption: you may decide it’s not worth the fight. Keep your evidence anyway, just in case the problem grows.
Mid range cost with solid proof: a written claim with quotes often lands well.
High cost or serious damage: get legal support early, especially if occupation is affected.
You’re allowed to be firm without being combative. A clear claim, supported by photos and invoices, is usually more persuasive than anger.
Prevention tips for your next purchase
Even if you’re dealing with a mess right now, you can reduce the chances next time.
Before settlement:
Book the final inspection close to settlement day.
Bring a checklist and test what you can.
Check storage cages, car spaces, sheds, courtyards and side paths.
Confirm you’ll get all keys, remotes and fobs.
Ask your conveyancer what options exist if something changes between inspection and settlement.
On settlement day:
Do a quick walkthrough before unloading the truck.
Take baseline photos of each room as soon as you enter.
Report issues straight away, in writing.
It’s not about mistrust. It’s about making sure you’re protected when you’ve spent a lot of money and you just want to get on with life.
Ready for help?
If a seller leaves damage or rubbish on settlement day in Melbourne, your outcome often comes down to speed, evidence, and clear communication. Document what you’ve found, get quotes, and let your conveyancer guide the next steps based on your contract.
If you’d like support, Pearson Chambers Conveyancing can help you understand your options and move forward with a practical plan. We also offer a complimentary Section 32 contract review for Victorian property sales and purchases.