Selling Your Property? Think Twice Before Allowing Early Access

Selling Your Property? Think Twice Before Allowing Early Access

When you're selling your property, it's common for the buyer to ask for a bit of early access before settlement. They might want to store a few things in the garage, get a tradesperson in for a quote, or just measure up for curtains. On the surface, it might seem like a reasonable request. You've come this far, the contract's signed, settlement is in sight—what could go wrong?

Unfortunately, quite a lot. As a licensed conveyancer, I see these situations go sideways more often than you’d think. Even a simple gesture like letting someone into the garage can open up a world of trouble.

You're Still the Legal Owner Until Settlement

Under the Sale of Land Act 1962 (Vic), the buyer doesn’t take legal possession until settlement is complete and title has officially transferred. Until then, you're the legal owner—and more importantly, you're the one who carries all the risk.

Even if a buyer signs a licence agreement to come in early, that doesn’t make you bulletproof. If something goes wrong—say they injure themselves, cause damage, or bring in trades who don’t have the right insurance—you could still be left holding the bag. And insurers often won’t cover incidents that happen during unauthorised or grey-area access periods.

The “Just the Garage” Problem

Buyers often say, “We just need to store a few boxes in the garage.” That seems innocent enough, but as soon as their belongings are in your home, things can get complicated. If something goes missing or is damaged, they might blame you. If the deal falls through, they may delay moving the items or claim you’re holding their goods unlawfully. I’ve seen small access arrangements lead to very big disputes.

You Don’t Need the Extra Risk

You’ve already done the hard part—got the contract signed, disclosures made, inspections sorted. Now all that’s left is to reach settlement. Letting someone in early, even with the best intentions, only introduces new risks at a time when everything should be winding down. Why take the chance?

Even with a written licence agreement, you’re still potentially liable if anything goes wrong. Agreements help, but they don’t eliminate the risk. They need to be properly drafted, reviewed, and backed by clear insurance arrangements. And all that takes time, money, and stress you probably don’t need.

My Advice? Politely Decline.

Unless there’s an absolutely essential reason—and you've had everything documented professionally with the right insurances in place—it's usually best to say no. There’s simply too much that can go wrong, and nothing the buyer needs to do before settlement is worth putting your sale at risk.

So if you get asked, just remember this:

You’ve come this far. Why take the risk?

If you’re ever unsure, feel free to get in touch and we’ll walk through the options.