“It’s Disgusting!” Does A Property Need To Be Clean When You Move In?
An all-too-common purchaser complaint leading up to settlement day is about the state of cleanliness of the house they are about to move into. Cleanliness, or lack of, is of course highly subjective. One person’s view of 'clean and tidy' can be very different from another’s; anyone in a domestic relationship can likely attest to that.
So, what can purchasers do to ensure the excitement of moving into their new home is not dampened by hours of cleaning work when they get the keys?
The standard form Agreement for Sale and Purchase of Real Estate does not contain provision for cleanliness, and rightly so, due to the subjective nature of the issue. Purchasers may simply assume the property will be clean when they move in. However, a vendor has no legal obligation to ensure this unless additional terms are included in the agreement. It is therefore important to consider the issue as early as possible in the sale and purchase process. To avoid disappointment and stress, a purchaser could consider including a clause allowing commercial cleaner to attend the property prior to settlement. Vendors are usually open to such a clause, especially if the property is vacant before settlement. Such an arrangement could even be agreed between the parties after an agreement has been signed provided there is sufficient time before settlement. Using an independent professional cleaner removes the subjective nature of the issue. If the vendor is not agreeable or cannot vacate the property in time to allow for a commercial cleaning before settlement, consider whether a cleaner can go in as soon as the keys are released.
It is also common for well-meaning real estate agents to include a term in the agreement, such as: 'The vendor agrees to leave the property in a clean and tidy condition prior to the settlement date.' The clause creates an obligation for the vendor but does nothing for the subjective nature of the issue, as the purchaser’s view of “clean and tidy” may still greatly differ from that of the vendor.
Key takeaways for purchasers:
There is no obligation for a vendor to clean the property before settlement under the standard terms of the Agreement for Sale and Purchase of Real Estate.
Do not assume the property will be cleaned to your standard on settlement. A well-intentioned vendor may simply run out of time to do a good job… they may be under a lot of stress too.
If cleanliness is very important to you, or the property is generally quite unclean when you have viewed it, consider including a clause in the agreement during the negotiation process. Discuss options with the real estate agent and your lawyer to find out what works for both parties. There may be other options post-unconditional if both parties can agree.
Be wary of agreement clauses that remain subjective. Sometimes they make matters worse.
Unfortunately, given the limited options available to purchasers, the cost of raising a dispute about cleanliness may quickly outweigh the benefits, making it more practical to simply accept the situation in most cases.
This article is current as at the date of publication and is only intended to provide general comments about the law. Swarbricks Limited does not accept no responsibility for reliance by any person or organisation on the content of the article. Please contact us if you require specific advice about how the law applies to you.