What happens when sellers leave items behind after settlement?

Selling your home comes with a long checklist; packing, paperwork, settlement. In the flurry of activity, it’s not uncommon for sellers to accidentally (or intentionally) leave things behind. But before you decide to leave that old couch in the garage or a few leftover paint tins in the laundry, it’s important to understand the legal implications.

Under the REIQ Contract (which governs most residential property transactions in Queensland), Clause 5.6 outlines what happens if any personal property is left behind after settlement and, spoiler alert, it doesn’t work in the seller’s favour.

Let’s break it down.

Clause 5.6(3): Abandoned items = buyer’s choice

If you leave personal belongings or reserved items (like furniture, tools, or appliances) behind after settlement, they are legally considered abandoned. This means the buyer now has full control over what happens to them.

They can:

• Keep them (whether they want to or not)

• Throw them out or donate them

• Charge you for the cost of removal or disposal

Even if it’s something valuable, once settlement occurs, you lose the right to reclaim it unless prior arrangements are made in writing.

Clauses 5.6(2) & (4): You break it, you pay for it

Let’s say you or your removalists cause damage to the property while trying to retrieve items post-settlement. According to the contract:

• The seller is responsible for fixing any damage caused.

• If the buyer ends up covering the cost of repairs themselves, you could be liable to reimburse them.

This includes anything from scratched timber floors to broken walls or ripped carpet; costs that can quickly add up if you’re not careful.

Why it matters for sellers

Failing to remove all personal property before settlement isn’t just poor etiquette; it can be a costly mistake.

Whether you’re leaving behind:

• Garden tools in the shed

• Whitegoods not included in the contract

• Furniture you assumed the buyer might want

…it’s always best to confirm what stays and what goes well before the final inspection. If in doubt, ask your agent or solicitor to clarify and document it.

Seller Tips to Avoid Surprises

1. Do a full walkthrough a day or two before settlement. Double-check cupboards, garages, sheds, and under the house.

2. Don’t assume the buyer will want something just because it’s convenient for you to leave it.

3. Confirm in writing if any items are to be included in the sale.

4. Arrange disposal early. Don’t leave it to the last minute.

5. Communicate with your agent or conveyancer if you're unsure about what to take or leave.

At the end of the day, selling your home is a legal transaction, and that includes ensuring the property is left clean and free of your belongings. Under Clause 5.6 of the REIQ contract, any items left behind can become the buyer’s responsibility, and any damage during removal can become your financial burden.

So, when in doubt: pack it, remove it, or confirm it in writing.