Buyer Clarified Possession Before Buying a Tenanted Property
The client’s situation
A purchaser expected to move into a property soon after settlement, but the contract disclosed an existing tenancy. The agent suggested the tenant would probably leave, although no binding vacant-possession arrangement had been documented.
How Aquarius Lawyers helped
We reviewed the lease, termination position, rent adjustments and contract wording, then clarified whether the sale was with vacant possession or subject to the tenancy. Where the client required occupation, we negotiated a contractual solution rather than relying on the agent’s expectation.
The result
The client understood exactly what possession would be delivered at settlement and avoided buying an investment arrangement when they expected an immediately available home.
What this story shows
A purchaser should never assume a tenant will leave because the property is sold. The lease, residential tenancy law and sale contract must be read together.
This is an approved, anonymised success story about a matter handled by Aquarius Lawyers. It is general information, not legal advice. The facts, contract and law applying to another transaction may produce a different outcome.