Updated 1 November 2026
Contract for Sales - Seller’s Most Asked Questions #49: How do I manage the final walkthrough with the buyer?
How should a seller manage the final inspection?
Arrange the buyer’s final inspection before settlement, check the contract’s condition and inclusion requirements, and complete any agreed work by its due date. Make access practical, keep evidence of the property’s condition and refer disputes promptly to your solicitor. The inspection checks performance of the sale agreement rather than creating new obligations.
- Confirm the inspection appointment and who will provide access.
- Check inclusions, agreed repairs and the removal of items that are not being sold.
- Keep the solicitor and agent available to address concerns before settlement proceeds.
When is the buyer entitled to inspect before settlement?
The NSW 2026 standard sale contract provides for one inspection during the three days before the appointed completion time, subject to tenants’ rights. Check the contract actually signed, including amendments. This provision is not a universal three-business-day rule or an absolute limit on every other inspection entitlement.
Book ahead rather than assuming access will be available at short notice. Clause 12 of the standard contract also addresses inspections for reasonably required reports or certificates. If settlement changes, ask the solicitors to confirm any revised inspection arrangements and avoid relying on an outdated appointment.
Who should attend and what access should be arranged?
The selling agent can usually coordinate the inspection, with the seller available to answer practical questions. Agree who will attend and arrange access to relevant rooms, garages and storage areas. Keep pets secure, clear access routes and make arrangements that allow reasonable checks without unsafe testing or damage.
Ask in advance whether a tradesperson will attend to assess an agreed repair. Coordinate utilities so intended checks can occur safely before services are disconnected. Access for inspection does not itself authorise the buyer to move in, leave furniture or start renovations before settlement.
What condition must the property be in?
The required condition depends on the contract, relevant representations and applicable law. A final inspection does not create a general promise that an older property will be renovated or every appliance will work perfectly. Distinguish existing defects, fair wear and tear, new damage and any express obligation to repair or clean.
Clean and tidy presentation helps the handover, but professional cleaning is not automatically required in every sale. Check any special condition. A final walkthrough also does not replace building and pest inspections, which should normally inform the buyer’s decision before becoming unconditionally committed.
Which fixtures, fittings and appliances must remain?
Check the contract’s inclusions and exclusions before packing or removing anything. Fixtures and agreed inclusions must be dealt with according to the sale terms, even if the seller later decides to keep them. Resolve uncertainty about items such as curtains, dishwashers, light fittings and pool equipment through the solicitors.
The Law Society’s guidance on inclusions explains why uncertain items should be expressly identified. Do not replace an included fitting with a cheaper alternative without agreement. Check garages and storage cages as well as the main rooms, and keep operating manuals, relevant warranties and remote controls together for handover.
How should agreed repairs be checked?
Review each written repair commitment against its specified scope, deadline and completion requirements. Keep invoices, compliance certificates and photographs where relevant, and make them available through the agreed representatives. If work is incomplete or disputed, tell your solicitor promptly rather than assuming the buyer will accept a verbal promise.
Use appropriately qualified tradespeople and obtain required approvals. A cosmetic patch may not satisfy an agreement to repair the underlying leak. Any proposed extension, allowance or retention should identify the work still outstanding, responsibility for access and the effect on settlement, with legal review before agreement.
Must the property already be empty at the inspection?
Where the contract requires vacant possession, it is generally due on completion rather than necessarily at an earlier inspection. The seller may still be moving when the buyer attends. However, removal arrangements must realistically allow the buyer to obtain possession when required, without occupants or substantial obstacles to use.
Arrange removalists and rubbish disposal early. Check sheds, under-house areas and outdoor storage for items that must go. If belongings will remain temporarily, obtain a properly documented agreement rather than leaving the buyer to arrange disposal. A sale subject to an existing tenancy requires different arrangements.
What if tenants are still living in the property?
A sale contract does not remove a tenant’s existing rights. Arrange the final inspection through the property manager, observing applicable notice, consent and entry requirements. If vacant possession has been promised, confirm that the tenancy can lawfully end and possession can actually be delivered by the settlement date.
NSW entry rules restrict access even when notice has been given. Separately, ending a tenancy for sale requires an applicable legal ground, supporting documents and the correct procedure. Do not assume exchanging contracts automatically ends a lease or permits changing locks while the tenant remains.
What evidence should the seller keep?
Keep dated photographs, inspection notes, repair records and relevant correspondence so concerns can be compared with the property’s earlier condition and the contract. Record what was checked, what remained unresolved and who attended. Clear records assist discussion, but photographs alone do not conclusively establish compliance or eliminate a buyer’s legal rights.
Photograph relevant fixtures and completed work before moving, then record any removal damage. Respect occupants’ privacy and obtain appropriate permission for photographs inside a tenanted home. Send a written summary of any concerns to your solicitor; avoid asking the buyer to sign an improvised waiver.
Can a buyer delay settlement over an inspection concern?
An inspection concern does not automatically entitle the buyer to delay settlement, deduct money or terminate the contract. The available response depends on the obligation breached, its seriousness and the contract’s procedures. Both sides should obtain prompt legal advice before refusing completion or issuing notices that could place them in default.
Ask for the issue and requested remedy in writing. Your solicitor can assess existing claim or retention provisions, or negotiate a documented solution. An agreed allowance should state which issue it resolves. If settlement is extended, confirm the new date and responsibility for interest or other claimed costs.
What happens if new damage is found before settlement?
New damage after exchange needs separate consideration from an old defect first noticed at the final inspection. NSW law generally leaves the risk with the seller until completion, although earlier possession arrangements can affect that position. Depending on the circumstances, statutory rights may include a price adjustment or rescission for substantial damage.
Notify your solicitor and insurer immediately about events such as storm damage or a burst pipe. Sections 66K–66M of the Conveyancing Act 1919 contain specific requirements and deadlines. Preserve evidence and take reasonable protective steps; do not assume every damaged item gives either party a right to cancel.
What does Nelson v Bellamy show about refusing settlement?
In Nelson v Bellamy [2000] NSWSC 182, the NSW Supreme Court considered whether building materials and disputed work justified a purchaser’s termination. The court found that the remaining materials did not substantially interfere with possession. The case illustrates why an inspection complaint must be assessed against the contract and its legal consequences.
The sale concerned a Wamberal property. The court held that the seller could give vacant possession despite the materials remaining, and that the relevant work obligations did not justify termination in the circumstances. The buyer’s attempted termination was wrongful, allowing the seller to terminate and claim damages. The court separately exercised its discretion to return the deposit.
This was not permission to ignore removal or repair promises. The extent of any obstruction, the wording of the obligations and the available remedies require individual assessment.
When should keys and final handover items be released?
Unless a separate possession arrangement has been properly agreed, release keys after your solicitor or conveyancer confirms that settlement has occurred. A scheduled settlement time or completed inspection is not confirmation of completion. Prepare keys, access devices and relevant documents early so handover can follow the confirmed settlement promptly.
Electronic settlement and physical handover are coordinated but distinct. Account for spare keys, garage remotes, alarm instructions and any agreed transfer of smart-device access without disclosing personal passwords. Christine Manolakos at CM Lawyers can review inspection disputes and proposed variations before you change settlement or possession arrangements.
General information only, current at 1 November 2026. Have a lawyer check your sale contract, inspection concerns and proposed settlement arrangements before acting.
Key resources
Law Society: 2026 sale contract sample — inspection and possession provisions; check amendments.
NSW Government: contracts and settlement — the final inspection and electronic completion process.
Law Society: deciding to buy — fixtures, inclusions and contract review.
NSW Government: inspection reports — building and pest reports and their limitations.
NSW Government: access to rented property — entry restrictions and tenants’ rights.
NSW Government: minimum entry notice — notice periods for different types of access.
NSW Government: ending a tenancy — sale-related grounds, evidence and procedures.
Conveyancing Act 1919, Part 4 Division 7 — risk and damage before completion.
Nelson v Bellamy [2000] NSWSC 182 — judgment on vacant possession and wrongful termination.
CM Lawyers — Selling a property — contract preparation and conveyancing for NSW sellers.
