With the standard sales contracts most Queensland real estate agents use, the general terms & conditions make it the Vendor’s responsibility to ensure their property is ready for the Buyer to take possession of when settlement occurs. That’s essentially what “Vacant Possession” means – the property is vacant for the Buyer to take possession of.We find that the most common obstacle to a Buyer being able to take vacant possession of a property is a difficult tenant. If a tenant is on a fixed term lease that extends beyond the settlement date, both the Buyer & the Seller are reliant on the tenant vacating early voluntarily. But even if a fixed lease expires before settlement, or the tenant is on a periodic agreement, and the tenant has been given the appropriate notice to leave the property, they might choose not to. Following standard legal procedures to force them to comply with their legal obligation to vacate the property can be a lengthy process through QCAT, taking weeks if not months. Both Buyers and Vendors need to be aware of such possible scenarios & ensure the contract protects their interests appropriately.But it’s not just tenants that can affect the Vendor’s obligation to provide vacant possession to the Buyer. Other impediments such as rubbish, furniture, and other unwanted personal effects can substantially prevent or interfere with the Buyer’s right of possession of a substantial part of the property. Vendors must do their utmost to ensure such obstacles don’t exist at settlement or they may face penalties pursued by the Buyer.