Can the vendor take the dishwasher when they sell?
Whether the dishwasher stays depends on how it's fitted and what the contract says, not on custom or assumption. A built-in, plumbed dishwasher is generally treated as a fixture and included in the sale, while a freestanding dishwasher is a fitting the vendor can take unless it's listed as included. Always check the inclusions and exclusions section of the contract rather than assuming either way.
The Fuller Picture
The legal test for what stays with a property comes down to fixtures versus fittings. A fixture is something attached to the house in a way that would cause damage or leave a visible gap if removed — a plumbed-in dishwasher built under the benchtop with matching cabinetry usually qualifies. A fitting is something that can be unplugged and lifted out without altering the structure, like a freestanding dishwasher that sits in a gap and plugs into a power point. In principle, fixtures transfer with the property automatically, while fittings don't unless the contract says otherwise.
In practice, this gets murky with modern kitchens. Integrated dishwashers with a custom decor panel that matches the cabinetry can look built-in but are sometimes still freestanding underneath, which is exactly the kind of detail that creates disagreement. Vendors occasionally remove appliances they consider theirs before handover, working from an assumption that doesn't match what the contract actually states. This is the kind of mismatch that causes disputes at final inspection, when a buyer walks through expecting an appliance that's no longer there.
The standard NSW Contract for Sale of Land includes an inclusions and exclusions section where the parties can explicitly list what's included — an oven, dishwasher, curtains, or garden shed, for example. This section overrides the general fixtures and fittings rule, so if a dishwasher is listed as included, it stays regardless of how it's fitted, and if it's explicitly excluded, it goes regardless of being plumbed in. Reading and confirming this section before exchange is the only reliable way to know what you're actually buying.
What This Means for Your Purchase
Before signing, treat the inclusions and exclusions section as a checklist, not a formality. If a specific appliance matters to you — because you're not budgeting to replace it, or because it suits the kitchen layout — ask your conveyancer or agent to confirm in writing that it's listed, rather than relying on what you saw during an inspection or what a listing photo implied.
This is worth raising early, ideally before you make an offer or bid at auction, because amending the inclusions list after exchange is far harder than negotiating it beforehand. If a vendor is unclear or reluctant to confirm an item, that's useful information in itself — it may signal they intend to take it, or it may just be an oversight in how the contract was drafted.
Once contracts are exchanged, the inclusions list is legally binding, and a missing item that was listed as included is a breach the buyer can pursue. But an item that wasn't listed, even if it seemed obviously part of the house, generally isn't something you can claim back. Catching this at the pre-settlement inspection is too late to renegotiate — it needs to be locked in before exchange.
How This Shows Up in the Illawarra
Established homes in suburbs like Corrimal, Fairy Meadow, and Warrawong often have older kitchens where the dishwasher, if there is one, is a later addition rather than original to the build. It's common in this end of the market for the inclusions list to be vague or silent on appliances, which is where disputes tend to start. In renovated coastal properties in Thirroul or Bulli, integrated appliances with custom panelling are more common, and it's worth confirming these specifically since they can look built-in without technically being a fixture.
In the Wollongong CBD apartment market, where private treaty sales are more common than in the house market, dishwashers are usually original to the build and genuinely fixed, so disputes are less frequent. Across the region, most sales go through private treaty rather than auction, which gives buyers a little more room to query the inclusions list and request amendments before exchange than a fast-moving auction campaign typically allows.
Frequently Asked Questions
What other appliances does this apply to?
The same fixtures-versus-fittings logic applies to any appliance or item in the home — ovens, cooktops, range hoods, blinds, and light fittings are all assessed the same way. The safest approach is to treat every appliance you care about as unconfirmed until it's listed in the contract.
Doesn't a built-in appliance always stay with the house?
Not necessarily. Being built-in makes an appliance more likely to be treated as a fixture, but the contract's inclusions list takes precedence over the general rule. A vendor can legally exclude a built-in item if it's stated clearly in the contract.
I'm a first home buyer — should I just assume the kitchen appliances are included?
No. It's a common and costly assumption. Ask your conveyancer to check the inclusions list before you exchange, especially if you're not planning to budget for new appliances straight after settlement.
When is the right time to raise this?
Before you exchange contracts, ideally when you're reviewing the contract with your solicitor or conveyancer during due diligence. Once contracts are exchanged, the inclusions list is fixed and difficult to change.
Can I ask the vendor to leave an appliance that isn't currently listed?
Yes, you can request it be added to the inclusions list as part of your offer or during contract negotiation. Whether the vendor agrees is up to them, but it costs nothing to ask before you commit.
Does a buyers agent help with this kind of detail?
Yes. Part of representing a buyer through due diligence is checking contract details like inclusions and exclusions before exchange, so nothing about the sale is left to assumption.
If you're unsure what's included in a property you're considering, we can go through the contract's inclusions and exclusions with you before you commit. Get in touch and we'll walk through it together.
