You have a contractual right in every Australian state to inspect in the days before settlement. It is short, it is your last opportunity, and it is not the same as a general condition check.
You have a contractual right in every Australian state to inspect the property in the days immediately before settlement. It is short, usually five business days, and it is your last opportunity to find a problem that matters.
The inspection is not a general condition check — you already had a building and pest inspection weeks earlier. It exists to confirm the property is in the same condition it was when you inspected it, and that nothing has been damaged or removed in between.
What changed in 2019 — the real risk today
Most Australian sale contracts now include a prescribed property disclosure statement. Sellers must disclose known defects: termite damage, structural issues, safety defects, material changes. This was a significant protection for first home buyers. Ask to see the statement, read it carefully, and note anything that looks unfamiliar — then look for that specific thing on the final walk-through.
What to check, in order of consequence
- Water damage. Check every ceiling in every room, including inside wardrobes and behind curtains. Look for fresh brown staining, bubbling paint, or a musty smell. A roof leak that appeared after your inspection is the most common and most expensive finding.
- Burst or leaking pipes. Turn on every tap, flush every toilet, run the shower. A supply line that has been turned off often indicates a plumber has been here — ask why, and what was found.
- The termite report. If your contract was conditional on a termite inspection, the treatment must have been carried out and you should receive a completion report. Confirm the work was done, and that the treatment warranty has been issued in your name.
- Damage to fixtures and fittings. Photograph the oven, hot water system, air conditioning, and bathroom fittings. New scratches and missing items are breach of contract — you can require them rectified or compensated.
- Outdoor areas. Pools need a compliance certificate dated within the last three years. Check it exists and is current. Decks, fences, gates and pergolas often deteriorate once vacant.
- Garden and landscaping. If it was photographed in the listing and is now different, that is a problem. Vacant properties lose lawns quickly. You cannot recover the cost of re-turfing as a deduction if you agreed to take it "as is" — which is most contracts.
- Security. Cameras, alarm systems, garage remotes, keys, and building access fobs. Collect all of them in writing and count them on the spot.
- Cleanliness and rubbish. Confirm the property is cleaned to the standard in the contract. Photograph everything.
Your rights if something is wrong
| Finding | Your position | Severity |
|---|---|---|
| New damage not present at your inspection | Seller must rectify, or you may withhold an equivalent amount from the settlement funds | High |
| Termite treatment not completed as required | Condition of contract not met — you can delay settlement while it's done | High |
| Missing item listed in the contract | Require the item or deduct its value | Medium |
| Pool certificate expired or absent | Require a compliant certificate before settlement | High |
| Unapproved alterations by the seller | Require removal or restoration, particularly structural or wet-area work | High |
| Lawn deterioration, minor grime | Rarely recoverable — most contracts accept properties in their existing condition | Low |
Do not spend your negotiating capital on the wrong things
Most contracts state the property is sold "as is" at the time of inspection. You cannot later claim for a crack that was there at your inspection, a garden that needed mowing, or a boiler that was already old. Write on the final inspection report only what is genuinely new since your inspection. Stacking trivial claims into a serious one weakens your position on the things that matter.
The practical routine
Ask the agent for the day before or on settlement day. Morning light reveals water staining that afternoon light hides. Bring your original inspection report and your contract for reference.
Move through the property systematically. Photograph and time-stamp anything you raise. Write the list before you leave, and send it to the agent and your conveyancer the same day.
Agree in writing which items will be fixed, which will be compensated, and by when. If something substantial is unresolved, tell your conveyancer immediately — they may recommend delaying settlement by a day, which is almost always better than accepting it.
A second brief look, then collect keys, remotes, fobs and the certificates. Confirm the termite treatment warranty and pool certificate are in your name before you leave the property.
If you find something serious and the seller will not fix it, your conveyancer can withhold the cost from the settlement balance. This is a routine and uncontroversial part of settlement — but only if you identify it in time.
We publish general information, not legal or financial advice. Off-the-plan contracts, conveyancing and settlement law vary by state and by individual circumstances. Always have your own independent legal adviser review any contract before you sign — the cost is trivial against the risk. Found something wrong? Tell us.