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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