Special offer

If you LEFT it, you LOST it, 'Right ?

By
Real Estate Agent with EXP Realty 414-525-0563 57026-90 Broker

 Moving day came....and having checked with the Seller numerous times....weeks beore having offered a moving company at a discount...suggestions for supplies, etc. I was Moving Vanassured everything would be moved by the time of the final walk thru the day before closing. 

    I reminded that the contract said the house was to be in "broom swept" condition and all items not included in the sale were to be taken, those that were supposed to be left, in their proper place. 

     The day before closing despite all the timely predictiPhoneons, instead of a final walk thru that evening could be in the mornng. (Closing was early afternoon.)  After some rearranging the Buyers agreed to do the walk thru the next day on the way to closing. And the phone rang .....the selling agent and I had Phoneenjoyed a good relationship during the transaction but somehow the lump in my throat continued to grow as I picked up the phone. 

       Did I know that the Seller had left.....and the list went on and on and on......No....I didn't know...I was assured everything would be removed. 

        Closing took place as scheduled and  the Seller begs for more time to move.....No the Buyers said, there had been ample time from the accepted offer date to closing and there would be no allowing the Seller back on the property. We told the Seller what we had been told for decades....whatever is left  on the property is part of the property and now belongs to the Buyer.  House KeyThere would be no extension...no permission for the Seller to return to the house...any "return" would be tresspassing and the Sheriff would be called to the house.

    Could it be that we had been wrong for decades ?  Didn't everything that was left at the house now belong to the new Owners?

      Time to put the legal folks to work at the state association and get the answer (in legal circles that are always at least two), 

and we'll see what they believe is correct.

       This has been a professional public service post brought to you by Sally K. & David L. Hanson, Broker Associates with Keller Williams honored  to be of service for all things real estate in southeastern Wisconsin.

 

 

Posted by

Sally K. & David L. Hanson, ABR, CDPE, CSS, e-Pro,ILHM, REDS


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Anita Clark
Coldwell Banker Access Realty ~ 478.960.8055 - Warner Robins, GA
Realtor - Homes for Sale in Warner Robins GA

Sally: Definitely a contentious situation that could have been avoided had the sellers met the deadlines. 

Sep 01, 2017 02:41 AM
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

Sally K. & David L. Hanson Interested to hear what the legal folks say, but sellers should have taken out what they wanted prior to closing.

Sep 01, 2017 03:07 AM
James Dray
Fathom Realty - Bentonville, AR

Good morning Sally.

I agree if the sellers left it they lost it.  I'll be waiting to see what the legal people say

Sep 01, 2017 03:58 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck . I hope your clients will be satisfied with the resolution to this problem.

Sep 01, 2017 04:25 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I would think anything left in the house belongs to the buyers, but I'd be interested to know why the sellers didn't clean it out since it seems they actually want the things in there. Did their agent explain what they needed to do? As a buyer, I wouldn't be happy if I went into a new house that still had stuff in it that I had to get rid of. I'd probably tell them they could come over right after closing and get everything out of there. What a messy situation.

Sep 01, 2017 05:04 AM
Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400
The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Condo and Home Specialists

Wouldn't this have been brought up at the closing and money be put in escrow?

Sep 01, 2017 05:52 AM
Sally K. & David L. Hanson

Seller pre sigened...interesting thought never have  had that happen either.

Sep 01, 2017 05:55 AM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Good morning Sally and David. Oh what a mess. I thought as you did. If I were the buyer I'd be pissed too.

Sep 01, 2017 08:03 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Sally and David --- it seems as if some real estate transactions never end even when they have "officially closed".   

Sep 01, 2017 09:25 AM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

I've heard of revisionist history.  Now, apparently, we have revisionist contracts.

Sep 01, 2017 10:13 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Hi Sally and David- I would be interested in what the legal beagles have to say, and I'd love to know what the sellers were thinking...or perhaps they weren't. 

Sep 01, 2017 12:18 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Sally and David this is another good example of one of the parties in Real Estate sales transaction not listening.  News Flash this is not a game, abide by the contract or else.

Sep 01, 2017 02:37 PM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It is something i tell my sellers from time of listing, to offer, to signing said offer to misdway to closing and just before closing Sally K. & David L. Hanson . Yet i have faced this down. Here in NH, what the seller leaves does not become the buyers, the buyers must store it and allow a mutual exchange to pick it. The time does differ though, as some say 7 and others say 30 days depending on the value left 

Sep 01, 2017 05:24 PM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

WOW! I'm shocked that they won't allow the sellers back but, on the other hand, the sellers were told, very specifically, what their deadlines were AND they signed the dotted line, stating that they knew. 

I'm curious what the attorneys have to say too - some people are just 'cheap' and won't pay for movers and wind up finding themselves WAY behind schedule. I've had to jump in and help before. I always go to the house before the buyers' walk-through to confirm that nothing that was supposed to be left in the Contract, was taken and that the place is left presentable for the buyers. 

MOST do what they're supposed to do but, it's these crazy ones that cause us all of the headaches!

Looking forward to hearing how this one turns out, Hansons both!

Sep 01, 2017 06:09 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Sally & David I could write a post about a similar nightmare where the seller and the listing agent refused to hand the keys over until 24 hrs later... Endre

Sep 01, 2017 06:48 PM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I sure don't like it when that happens. Thankfully this is the exception and most sellers are gone before they need to be. I'll be interested to see what the legal experts say.

Sep 01, 2017 08:45 PM
Roy Kelley
Retired - Gaithersburg, MD

Home sellers need to understand that they must comply with the terms of the contract.

Sep 02, 2017 04:24 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

The old adage of "You snooze you loose" applies here.

Sep 02, 2017 05:49 AM
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

I am glad you called the hotlnne on this and wrote the follow up post. Bummer for the sellers, but it is important to budget time and follow contract deadlines and terms. -Kasey

Sep 02, 2017 07:14 AM
Sharon Tara
Sharon Tara Transformations - Portsmouth, NH
Retired New Hampshire Home Stager

What a nightmare....on both sides. I would imagine it's more than just good stuff they left...probably some things the buyers would have preferred were gone!

Sep 02, 2017 12:36 PM