← Back Sellers · Contracts · 9 min read

Buyer Requests to Fix or Complete Work Before Settlement: A Brisbane Seller's Guide

Almost every Brisbane sale produces at least one buyer request between contract and settlement, asking the seller to fix, finish or replace something. Here is how to triage the request, what your contract actually obliges you to do, and how to land a clean settlement.

The phase between contract going unconditional and settlement day is when most last-minute negotiations happen on a Brisbane sale. The contract is signed, the buyer's finance is approved, and the property is technically sold. But somewhere between the building and pest inspection, the pre-settlement walk-through, or simply a buyer's solicitor reading the contract more carefully, a request lands on your agent's desk: can the seller fix the leaking hot water system, finish painting the back deck, replace the cracked oven glass, repair the storm-damaged fence, or complete the half-built retaining wall before settlement?

How you respond to that request matters. Concede too much and you set a precedent the buyer will keep testing right up to the cheque exchange. Refuse without thinking and you can create the leverage for a buyer to delay settlement, demand a price reduction, or in the worst case, walk away on a technicality. The right answer is almost always somewhere in between, and it depends on what the contract actually says, what condition the property was in at signing, and what is being asked.

Start with the contract, not the request

Before any response, the first job is to read the contract again. In Queensland, the standard REIQ contract governs the bulk of residential sales, and it sets a clear baseline. The seller must deliver the property at settlement in substantially the same condition as at the contract date, fair wear and tear excepted. That phrase carries most of the weight in any pre-settlement negotiation.

If the buyer is asking for something that the property was already missing or already broken at the contract date, the buyer is asking for an upgrade, not a remedy. They accepted the property in that condition when they signed. That is true even if the issue was not obvious at the time and was only picked up at the building and pest inspection. A buyer's inspection does not change the contract baseline. It only documents the property they already agreed to buy.

If the request relates to something that has changed since signing, deterioration, damage, or removal of an inclusion, that is a different conversation. The seller does have a contractual responsibility to either remedy it before settlement or compensate the buyer in some way. The standard examples in Brisbane are storm damage during summer campaigns, an air conditioning unit that has failed in the weeks before settlement, or a fixture removed by mistake during the seller's pack-down.

Some sales include special conditions that go further than the standard contract. A pre-sale agreement to complete specific renovation work, a requirement to provide a pest treatment certificate, or a clause requiring a particular item to be in working order at settlement all create additional obligations. Read those clauses carefully before you respond to any request that touches them.

The five categories of buyer request

Once you understand the contract baseline, almost every pre-settlement request falls into one of five categories. Each has a different right answer.

Genuine condition issues. The hot water system has failed since signing. A storm has damaged the fence. The oven that worked at the inspection is now dead. These are issues the seller is contractually obligated to address, either by repairing before settlement, providing a like-for-like replacement, or compensating the buyer through a price adjustment or holdback. The conversation is not whether to act, but how to deliver the remedy in the time available.

Inclusion problems. A ceiling fan listed in the contract is gone. A dishwasher that should be staying has been packed by the removalists. A garden shed listed as an inclusion has been dismantled. These are not condition disputes, they are contract disputes, and the seller's position is straightforward: return the item, replace it with an equivalent, or compensate at agreed value. Inclusion disputes are almost always resolved at the negotiation table, not the courtroom, because the dollar values are small enough to make litigation impractical.

Building and pest follow-up requests. The buyer's inspection report has identified items the buyer now wants the seller to remedy. In most cases, if the building and pest condition has already lapsed and the contract is unconditional, the seller is under no obligation to act. The buyer has accepted the property as inspected. The exception is anything that has materially changed since the inspection. A leaking pipe identified in the report and then concealed is one matter, a leaking pipe that has only started since is another.

Incomplete renovation or works requests. This is the category most likely to catch sellers out. If the property was sold mid-renovation, with a half-finished bathroom or a deck partly built, and the contract did not specify that the work would be completed by settlement, the seller is not obligated to finish it. The buyer accepted the property in its current state. Sellers in this position should be cautious about agreeing to last-minute completion work, because rushing tradies through unfinished projects in the final days before settlement is how avoidable disputes get created.

Cosmetic or wish-list requests. Repaint a room, replace a piece of carpet, professionally clean the windows, replace a worn-out blind. These are requests for the seller to spend money improving the property beyond its contract condition. The default answer is no. Where the agent and solicitor agree the request is reasonable as goodwill, a small concession may be sensible, but the seller should never feel obliged to upgrade the property they have already sold.

Triaging the request in the first 24 hours

When a buyer request comes through, the first 24 hours matter more than the next two weeks. A measured, written response sets the tone and stops a small issue from snowballing. There are four questions to work through quickly with your agent and solicitor.

First, is the request supported by the contract? If yes, identify exactly which clause and what remedy is required. If no, identify what the buyer is actually asking for, because the legal framing in their solicitor's letter often overstates the contractual basis.

Second, what is the cost and feasibility of the remedy? A failed hot water system in Brisbane typically replaces for $1,800 to $3,500 depending on system type. A storm-damaged fence shared with a neighbour involves their consent. An air conditioning replacement before settlement may not be feasible in the available time. Knowing the numbers shapes the negotiation.

Third, what is the alternative to doing the work? Most pre-settlement disputes are resolved through a price adjustment at settlement, a settlement holdback, or a statutory declaration confirming the seller will resolve the matter after settlement. Each has different risks and benefits, covered below.

Fourth, what is the buyer's leverage and motivation? A buyer who is desperate to complete the purchase, has already moved out of their existing home, or has a tight loan settlement window has less leverage than a buyer with cash, flexibility, and a willingness to walk if pushed. The realistic risk of the buyer terminating, refusing to settle, or making a claim at the dispute resolution body is part of the calculation, even where the seller's contractual position is strong.

The four settlement-stage remedies

Once you have decided the request needs a response, there are four practical ways to resolve it. Each works best in different circumstances.

1. Complete the work before settlement. Where the work is small, the trades are available, and the settlement date allows the time, the cleanest resolution is to get the work done. A licensed tradesperson, written invoice, photo evidence, and a copy provided to the buyer's solicitor closes the issue out. The settlement proceeds without a financial overlay, and the seller hands over a property that is exactly as required. This is the right path for genuine condition issues with straightforward fixes: a failed hot water system, a damaged window, a broken garage motor.

2. Settlement adjustment. Where the remedy cost is known and the buyer is willing, the simplest path is often to reduce the settlement figure by the agreed dollar amount. The buyer organises the work after settlement, the seller does not have to coordinate trades in the final week, and both parties move on. Settlement adjustments work well for cosmetic or minor repair issues where the cost is well-defined, often $500 to $5,000. Both solicitors document the agreed adjustment and the settlement statement reflects the reduced figure.

3. Settlement holdback (retention). Where the work is more substantial, the cost is uncertain, or the buyer wants assurance the seller will not simply walk away from the obligation, a holdback structure is the standard solution. An agreed sum is held back from the seller's settlement proceeds, retained in the buyer's solicitor's trust account, and released to the seller when the agreed work is completed and signed off. The structure must include a defined scope of work, a maximum holdback amount based on a written quote, a deadline by which the work must be done, and a clear release mechanism. Holdbacks that lack any of these elements become long-running disputes.

4. Statutory declaration. In some cases the seller signs a statutory declaration committing to complete the work, replace the missing item, or remedy the issue within a defined period after settlement. This is the lightest-touch option for the buyer because there is no money held back, only a personal commitment from the seller. It tends to be used for small matters, minor inclusion issues, or where the parties have established trust during the campaign. The buyer's solicitor will usually want the declaration to be specific, time-bound, and signed before settlement.

When to push back

Not every buyer request deserves a yes. Some are tactical, some are speculative, and some are outside the contract entirely. There are three situations where the seller should push back firmly, ideally through the solicitor rather than the agent.

The first is where the request relates to the condition at signing. A buyer who saw the chipped tile at the building inspection cannot ask for it to be replaced at settlement. The fact that they only noticed at the pre-settlement walk-through does not change the contract baseline. The seller's solicitor will typically write back confirming the property is being delivered in substantially the same condition as at contract date and that no remedy is required.

The second is where the request is for cosmetic or wish-list items. The seller does not owe the buyer freshly painted walls or new carpet because the buyer has decided they prefer a different style. These requests sometimes come dressed up as condition issues, but a thoughtful read of the contract and the original listing photos usually establishes the actual position.

The third is where the buyer is using a small issue to manufacture leverage for a larger concession, a price reduction, an extension of settlement, or a renegotiation of inclusions. A measured, factual response from the seller's solicitor, restating the contract position and offering to resolve only the genuine items, removes the leverage and brings the conversation back to settlement.

Documenting agreed work to avoid post-settlement disputes

Where the seller does agree to carry out work, completion of an obligation that drags into the days after settlement is the single most common source of dispute. The way to prevent that is to document the scope and the sign-off at the point of agreement, not after the fact.

Three pieces of documentation matter. A written scope of work, signed off by both solicitors, defining what is to be done. A written quote or invoice from a licensed tradesperson confirming the price and the inclusions. A photographic record of the work before, during, and after, sent to the buyer's solicitor on completion. Where a holdback is in place, a release request to the trust account should be sent the same day the work is signed off, attaching the invoice and photographs.

For inclusions, the documentation is simpler but still important. If a missing item is replaced, the new item should be installed, photographed, and a copy of the receipt provided. If the seller chooses to compensate rather than replace, the agreed figure should be confirmed in writing, ideally as part of the settlement adjustment so it appears on the settlement statement.

Common Brisbane scenarios

Three patterns come up regularly in inner east Brisbane campaigns, and each has a relatively settled best practice.

Storm damage between contract and settlement. Brisbane summers produce sudden hailstorms and high winds that can damage roofs, fences, gutters, solar panels, and trees. Where damage occurs between contract and settlement, the seller's obligation is to remedy or compensate. The first step is to lodge an insurance claim immediately under the seller's home and contents policy, which usually remains active until settlement. The repair work can then be scheduled either before or after settlement, depending on the timing of the insurer's assessment. A holdback for the assessed repair cost is often the cleanest solution where the work cannot be completed in time.

Failed appliances or fixtures. Air conditioning units, hot water systems, dishwashers, and ovens occasionally fail in the weeks before settlement, especially in older inner east homes. Where the item was listed as an inclusion and was working at the contract date, the seller's remedy is either replacement or compensation. Like-for-like replacement is generally simpler than negotiating a price adjustment, because it avoids arguments about the value of a five-year-old appliance.

Incomplete renovation work. Sellers who list mid-renovation, with a partly tiled bathroom or a deck only halfway through staining, occasionally face buyer requests to complete the work. The right answer depends on what the contract says. If the property was sold in its current condition with that fact disclosed in the listing and the contract, the buyer has no claim. If the contract included a specific clause requiring completion, the seller must comply or negotiate a holdback. The seller should never agree to last-minute completion work that involves licensing or compliance, building approvals, electrical work, plumbing, without confirming the trades can deliver to standard in the time available.

When the buyer threatens to delay settlement

Occasionally a buyer's solicitor will signal that the buyer is not prepared to settle unless the seller agrees to a particular request. This is a meaningful escalation, and it should be treated seriously, not dismissed.

In Queensland, a buyer cannot delay settlement at their discretion. Their solicitor knows this. The buyer either has contractual grounds to delay, which would relate to a specific contract breach by the seller, or they do not. Where they do not, the seller's solicitor can confirm in writing that the seller will be tendering settlement on the scheduled date and that any failure by the buyer to settle will result in the seller exercising default rights, which can include retention of the deposit and a claim for losses.

That said, where the issue is real and the cost is modest, a sensible seller will usually find a way to resolve rather than escalate. A $2,000 settlement adjustment to remedy a genuine condition issue is almost always cheaper than the legal cost, time, and stress of contested default proceedings. The judgement call is whether the buyer's position is defensible or simply tactical, and that is where having an experienced solicitor and an agent who can read the buyer's motivation pays back its fee many times over.

What to do before listing to reduce the risk

Most pre-settlement work requests can be reduced or avoided by doing two things at the listing stage. First, document the condition of the property accurately at the contract date through high-quality photographs of the working condition of inclusions, the state of any partly-completed work, and the existing defects buyers will identify at building and pest. A buyer who has seen and accepted a condition at signing has limited grounds to raise it later.

Second, address known issues before listing rather than at settlement. If the hot water system is at the end of its life, the air conditioner is sluggish, or a fence is leaning, sorting those items before going to market produces a stronger campaign and removes them as friction points at settlement. The cost of pre-sale repairs is almost always smaller than the cost of negotiating them in the final days before settlement, and the result is a cleaner transaction for everyone involved.

Brisbane sellers who go into the contract and settlement phase with a clear understanding of what they have sold, what condition it is in, and what the contract actually obliges them to deliver, find these requests far easier to manage when they arrive. The buyer is rarely unreasonable. They are usually anxious about a significant purchase and reaching for assurance. A calm, measured, contract-grounded response from the seller, delivered through the agent and solicitor, almost always resolves the issue before it becomes a real problem.