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YES - It Is Theft No Matter How You Want to Justify It.

By
Real Estate Broker/Owner with KGC Properties LLC, Tucson Property Management & Real Estate

13-1802 - Arizona statue for theft. 

To clarify, I am not an attorney - but I have some common sense.  

Here's my definition of the difference between accidentally taking something and theft, or intentionally taking something: doing anything other than calling the person you took the item from to return it. So ...

YES -  during a home inspection, if a Buyer "takes" a garage remote opener or key out of a drawer from the home still owned by a seller - it is theft.  Intent to use these items to gain access to the home later, without anyone knowing, say to move belongings in before COE, is still theft and probably comes with additional charges.

YES - technically the Seller pretty much owns the contents you moved into the home without anyone's knowledge or written permission to do so.

YES -if you are caught and subsequently admit to "taking" the garage remote opener or key - it is still theft. You are just admitting to it and charges can still be filed.

YES, vacant or not, a Seller owns a home until it records - s/he can go to that home at anytime - without anyones permission - even though you gave escrow earnest money to buy the house. 

So YES I am here to say, please don't take anything from anyones home - vacant or not - or worse move items into that home without permission - no matter how many reasons you have to justify your behavior, because YES the reality is not everyone is as understanding  as you might think they should be.

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Buying or selling Tucson real estate, Mt Lemmon, Tucson bank-owned homes, Tucson rental homes, or Tucson lease option homes? Visit www.KGCPropertiesLLC.com .

                                                 

 

This blog is written with my opinions and my opinions are  presented with accuracy but not guarantees. Please talk to a professional before making any real estate, financial or agency decisions.    Gabrielle Kamahele Rhind - 2014. If you want to reprint parts of this - just email me for my permission: KGCProperties@gmail.com .

 

Comments (5)

Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

It's theft, pure and simple and why people do these things is beyond me and I refuse to be privy to this type of behavior. Amazing Gabrielle!

May 14, 2010 09:37 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Gabrielle, funny you mentioned this.  We had a buyer do this in a town near by.  Prior to closing the seller had his moving company come again and moved the buyers stuff out just prior to closing. 

The seller was subsequently reimbursed for those costs and sold the buyer's furniture and personal belongings back to him for a nice little profit.

May 14, 2010 11:57 PM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

We would not need as many laws if everyone had manners and used a little common sense. Taking a key before closing is down right theft...

May 15, 2010 04:54 AM
Michele Reneau
Certified Staging Professional (CSP) Elite Instructor - Summerville, SC
Realtor, GRI ~ Charleston, SC Relocation Experts Team

Yowsers! I can't believe someone would do that, but then again, I guess I shouldn't be surprised. Common sense is getting more and more rare.

May 16, 2010 06:51 AM
Virginia Hepp - Mesquite NV REALTOR
Desert Gold Realty - Mesquite NV Homes For Sale - Mesquite, NV
Mesquite NV Homes and Neighborhoods - Search MLS

I recently had an agent (broker/owner of her company), call me to tell me that the walk through inspection went well, and that she took the owners appliance manuals, CCR binders, set of keys in the kitchen, and garage door openers and gave them to the buyers a week ahead of closing, because she would be out of town that day.  Neither party to the transaction had even signed closing papers.  Jeez!

May 22, 2010 08:24 PM