When selling a property, many vendors want to make the process as easy as possible for the buyer. However, one common request — early access or occupation before settlement — can expose vendors to serious legal and financial risks.

At Maddens Lawyers, our property lawyers and conveyancers in South West Victoria regularly advise clients across Portland, Warrnambool, Hamilton and beyond about their rights and obligations during the sale process. Here’s what you should know before handing over the keys early.

What access is a buyer entitled to before settlement?

Under the Victorian Contract of Sale, a buyer has limited rights to access the property before settlement. They are entitled to:

• One final inspection within seven days before settlement to ensure the property is in the same condition as when the contract was signed
• Access under General Condition 28, but only if a notice has been served after signing the contract (for example, a council or compliance notice). In this case, the buyer must obtain the vendor’s consent before entering the property and can only access it to comply with that notice

These are the only circumstances where a buyer has a right to enter the property before settlement.

What is considered early access or occupation?

Any visit to the property that falls outside the rights listed above is considered early access or occupation.

Common examples include:

• Measuring up for curtains, furniture or renovations
• Bringing in tradespeople for quotes
• Storing belongings before settlement
• Moving in early due to simultaneous sale and purchase dates

While these requests might sound reasonable, buyers are not legally entitled to access the property for these reasons.

Why buyers ask for early access

Buyers often ask for early access to plan renovations, arrange trades or make their move smoother. This is particularly common when they’re buying and selling on the same day.

However, agreeing to this can put vendors in a vulnerable position. Once a buyer is given access, it can be difficult to control how they use it — and it may create new legal risks if something goes wrong before settlement.

When can a buyer collect the keys?

A buyer can only collect keys and take possession once settlement is complete — that is, when all funds have been paid and the property has legally transferred into their name.

Before that point, any inspection or access should be supervised by the vendor or real estate agent. Keys should never be handed over prior to settlement.

The risks for vendors allowing early access

Even when a buyer agrees to sign a licence agreement or pay rent for early occupation, the risks to the vendor remain significant.

Here are some key dangers to be aware of:

1. Property damage or unauthorised works – If the buyer damages the property or completes unauthorised works before settlement, the vendor may bear the cost of repairs or lost value if the sale doesn’t proceed.
2. Disputes over defects – Early access may give buyers time to identify perceived flaws and try to renegotiate the price or threaten legal action for compensation.
3. Buyer default – If the buyer fails to complete the sale, the vendor could be left with an occupied property and may need to obtain a warrant to have them removed — an expensive and stressful process.

These issues can delay settlement, cause financial loss, and increase legal complications.

Extra caution for executors of deceased estates

If you are acting as an executor for a deceased estate, granting early access is particularly risky.

If the buyer defaults or causes damage before settlement, you, as executor, could be personally liable to the beneficiaries of the estate for any loss or reduction in asset value. It’s always best to seek legal advice before agreeing to access requests in these situations.

Protecting your interests as a vendor

While granting early access may seem like a goodwill gesture, it can lead to unexpected consequences for vendors. The safest approach is to wait until settlement is finalised before allowing the buyer to enter or take possession.

At Maddens Lawyers, our conveyancing and property law team helps vendors across Victoria understand their legal rights and avoid costly mistakes during the sale process.

Need advice about selling your property or managing buyer requests before settlement?
Contact Maddens Lawyers today on 1800 815 228 — your trusted conveyancers and property lawyers in South-West Victoria — for clear, practical advice that protects your best interests.