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Seller Leaves Belongings Behind

By
Real Estate Agent with Cooper Jacobs Real Estate Services

Seller Leaves Belongings Behind.  You've been patiently waiting to move into your new home.  The day has finally arrived!  You turn the key to open your new home only to find the seller's belongings left behind.  And I don't mean a cool lampshade or a piece of art you could work into your decore'.  I mean three queen size mattress, old cleaning products under the sink, and a broken desk.  What does a buyer to do?  The home is technically yours now but the seller's Realtor has promised to remove the items his client left behind

Has this happened to you?  What's your recourse?  In the Purchase and Sale Agreement in residential sales, the Optional Clauses states that any personal property, fixtures, or other items remaining on the property when property is transferred shall become the property of the buyer.  However, seller agrees to clean the interiors of any structures, and remove all trash, debris, and rubbish on the property before buyer takes possession.

Even conducting a walk through of the property before closing unfortunately cannot prepare you for what could happen:  three queen size mattresses in the garage that were promised to be removed.  Bottom line: what's in the house when the buyer takes possession is the new home owner's responsibility.  And although it's an extra trip to the dump for you, getting the crawl space dug out or the electrical panel to code at the expense of the seller is far more important than that broken desk discretly discarded in the driveway of your new home.

Comments(9)

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Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

Molly, I had that happen to me when I had a home listed and the sellers moved to Saudi Arabia.  I was left with the task of renting out their town home.. When I arrived I found much the same thing|!  a King sized mattress lying on the floor in the master bedroom, vrious items left in the kitchen cabinets, food in the refrigerator, debris and such in one of the bedrooms, an old desk in the basement, dirty laundry left behind, etc.

Guess who ended up cleaning up the mess and dragging all those items to the curb for garbage pickup.

Jul 24, 2010 01:41 PM
Robert Vegas Bob Swetz
Las Vegas, NV

This happens quite often in Las Vegas and most of the stuff the leave is JUNK!

Vegas Bob

Jul 24, 2010 01:41 PM
Cara Marcelle Mancuso
Golden Girls with SW Desert Homes - Tucson, AZ
Call a Marana neighbor, I'm THERE!

I personally purchased a townhome years ago, and the owner was in the hospital.  The daughter packed everything for moving.

We did the walk through 3 days before, and the daughter had still not come from out of town to pack.  We were assured all would take place.

You can be assured that the garage, yard, and closets were left with "debris".  Movers "broke" the large pot situated outside the front door.  Chandeliers were taken.

I remember sticking up for my rights to have the chandeliers replaced (this was before I was a REALTOR) but I had to take care of everything else.  I even had to pay for INSTALLATION of the chandeliers.  As a REALTOR now, I fight for my clients' rights and if there is a charge for hauling away, installation, repair, etc....I will go after the seller and agent, or their broker.  To me it's ethics - before OR after closing.  I realize this is harder with REO and with short sales, but I remind my buyers that AS IS sometimes includes the junk.  :)

 

Jul 24, 2010 01:43 PM
Molly A. Cartwright
Cooper Jacobs Real Estate Services - Seattle, WA

Gloria - we've all been there :)  in my situation, the seller skipped town, the listing agent got stuck doing what you had to do but unfortunately for my buyers he wasn't as diligent as it sounds you were.  items still remain... 

Hi Vegas Bob!  indeed, no one wants junk.  :)

Jul 24, 2010 01:48 PM
Molly A. Cartwright
Cooper Jacobs Real Estate Services - Seattle, WA

hi cara - ouch!  what a headache.  i'm glad to hear you're using that awful situation to power your client's wellbeing and happiness. 

Jul 24, 2010 02:05 PM
Robin Cutler and Kay Pearson, Clarkston, Michigan Real Estate
Real Estate One - Clarkston, MI

We add a post closing occupancy addendum when we represent the buyer and if the seller has proceeds coming from the sale, we obtain a substantial amount escrowed to assure the seller vacates timely and that they take their belongings, etc. along with them.  Not a fun thing to manage as we have all had this unpleasant experience....if not we will.

Jul 24, 2010 02:07 PM
Molly A. Cartwright
Cooper Jacobs Real Estate Services - Seattle, WA

I like this idea!  Thanks for sharing with the rest of us, Robin and Kay!

Jul 24, 2010 02:24 PM
Harry Logan
RE/MAX executives realty - Winnipeg, MB
Your Satisfaction is Guaranteed!

When I have had questions where it looked like the Seller would not be removing any thing further we have negotiated a $1000 hold back that the purchaser had access to if the Seller did not remove their personal property on or before possession date.

Jul 24, 2010 03:56 PM
Paul Gapski
Berkshire Hathaway / Prudential Ca Realty - El Cajon, CA
619-504-8999,#1 Resource SD Relo
 

Thank you for sharing your blog; we need Real estate Professionals to share their comments and information regarding their markets and experiences. Thanks again from beautiful Sunny San Diego

Jul 29, 2012 04:38 PM